If a by-law needs to be AMENDED it is necessary to look at s 141 of the Strata Schemes Management Act 2015(the Act) as it provides the procedure for changing by-laws. Simply, the owners corporation, through a special resolution, can alter by-laws as they wish. This change however does not come into effect until the owner’s corporation lodges a notification with the Registrar-General, which must be done within 6 months of passing the resolution, and the Registrar General must then record the notification in the folio of the Register for the common property. A copy of the updated by-law must be kept by the secretary of the owner’s corporation.
If a by-law needs to be REPEALED, a mediation session should be arranged with the secretary in the position of the objective mediator as explained in s 227 of the Act.If mediation is unsuccessful, pursuant to s 150 of the Actan application should be made to the Tribunal who can make an order declaring the by-law invalid. A by-law is invalid if the owner’s corporation did not have the power to make the by-law in the first place or the by-law was harsh, unconscionable or oppressive. This order essentially establishes a new by-law that repeals the old, invalid by-law.
On the other hand, if an owner decides to revoke a change to a by-law or to revive a repealed by-law, it is necessary to make an application to the Tribunal in accordance with s 148 of the Act. The Tribunal must consider the interest of all owners.