All NSW strata schemes must review their by-laws by 30 November 2017

All NSW strata schemes must review their by-laws by 30 November 2017
All NSW strata schemes must review their by-laws by 30 November 2017

All strata schemes must review their by-laws by 30 November 2017, if they have not already done so since 30 November 2016. 

Each strata scheme has its own by-laws, which are a set of rules that owners, tenants and, in some cases, visitors must follow.  By-laws cover behaviour of residents and the use of common property. They can cover issues such as whether pets are allowed on the scheme, how smoking is regulated, parking and noise levels.

The by-laws can vary significantly from scheme to scheme and it is important to understand which by-laws apply to your scheme.

Owners corporations can determine the by-laws that suit the preferred lifestyle of the strata scheme. A by-law must not be harsh, unconscionable or oppressive. No by-law is capable of restricting a dealing in a lot, including restricting short-term letting. By-laws cannot restrict children, and cannot restrict the keeping of an assistance animal.

A copy of your scheme's by-laws is kept on the strata roll and is available from either the secretary of the owners corporation or from your managing agent (if your scheme has one).

The by-laws that apply to your strata scheme depend on the date the strata plan was registered. More information on these by-laws can be found on the Registrar General's Guidelines website.

Review of all strata by-laws
Model by-laws
Pets
Assistance Animals
Nuisance smoking
Common property rights by-law
What by-laws are in place at your scheme?
Complying with by-laws
Dealing with by-law breaches
Penalties and fines
Changing by-laws
Other important responsibilities of strata residents

If, as a result of the review, your scheme proposes changes to the by-laws, these must be put to a special resolution vote at a meeting of the owners corporation. The new 
by-laws must also be registered with the NSW Office of the Registrar General within 6 months after the special resolution has been passed. This can be done by lodging a Consolidation/Change of By-Laws form. Tenants must also be informed of any change in by-laws.

In addition, the Secretary of the strata scheme must now keep a consolidated list of 
by–laws. A consolidated list of by–laws must be registered with Land and Property Information before any new change of by–laws can be registered.

 

Model by-laws 

The Strata Schemes Management Regulation 2016 includes a set of model by-laws which provide 'sample rules' to guide the owners corporation in setting their own by-laws. Owners corporations can choose to adopt these or make changes to better suit their circumstances to manage issues in strata like overcrowding, pets, parking, and smoke drift. Schemes are not required to adopt or adapt any of the model by-laws, they are available to assist schemes in reviewing and making by-laws to suit their scheme. Model by-laws cannot be the by-laws for your scheme unless they are first formally adopted by the owners corporation and registered with Land and Property Information.

The model by-laws include options for:

  • permitting pets
  • dealing with nuisance or hazardous smoking
  • helping owners corporations address noise and short-term letting
  • measures to prevent overcrowding.

View or download a copy of the model by-laws in the Strata Schemes Management Regulation 2016 from the NSW Legislation website.

 

Tags: 
NSW Strata Law

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