What are strata by-laws?

what are strata by laws

Strata by-laws for strata title properties.

All strata schemes have a set of by-Laws (rules) that owners, occupiers and, in some cases, even visitors must follow. By-laws cover issues such as whether or not pets are permitted on the scheme, how smoking is regulated, parking, noise, and the conduct of residents and visitors. If you are managed by Strata Life a copy of the By-law that apply to your scheme can be found online via the owner portal (Link) or upon request from your Strata Manager.

Owner’s corporations can determine the by-Laws that suit the preferred lifestyle of the strata scheme. By-laws cannot be harsh, unconscionable or oppressive, restrict children from the scheme, or restrict dealings in a lot, such as the owner renting out their lot.

These may be adopted as is, or with changes to suit the individual scheme’s requirements. To make or change a by-law, the owner’s corporation must agree to a motion put forward on the proposed new by-law with no more than 25% of votes cast against it.

The above information was referenced from the Strata Living Guide (NSW Fair Trading)

All residents in a strata scheme should have a copy of the latest By-laws applicable to the property they live in, It is the responsibility of all agents to provide a copy of the current By-laws within 7 days of the commencement of their lease. In the cases where the owners acts as their own agent then they are responsible to provide the By-laws to their tenant.

Strata Life recommends most schemes consider adopting a number of Special By-Laws which can assist in the smooth running of the scheme. Examples of such By-laws include minor renovations, waterproofing works, recovery of costs and occupancy limits.

For further information regarding making changes and/or addition to the property by-laws contact your Strata Manager for assistance

Strata by-laws for community schemes.

The By-laws for Community schemes are included in the Management Statement. There are no model By-laws for community schemes as in the case for Strata Schemes as each Community scheme is designed for different needs ranging from over 55’sliving and retirement villages to holiday parks.

The Management Statement is again available online via the owner portal (Link) or upon request from your Community Manager.

strata questions answers

Frequently Asked Questions

How is a by-law changed or a new by-law adopted?

The change to a by-law must be dealt with at a General Meeting and must be passed by Special Resolution (if more than 25% of those owners present vote against the resolution, the motion is not passed). The motion to change or adopt a by-law must be included on the agenda of an Extraordinary or Annual General Meeting so that owners can consider if they need to attend or provide a proxy to have a say on the change.

Note – A Common property rights (Exclusive use) by-law has additional specific requirements including owners consent and may confer special rights or privileges.

Can I prepare my own by-law?

There is nothing to stop someone preparing their own by-law but it is not recommend as this is a complex area of the legislation. As such it is always suggested that specialist legal representation is retained or the Owners Corporation obtain legal advice on a by-law prepared by an owner to ensure there are no legal loop holes and it will be enforceable.

Why should I bother with a by-law?

From the Owners Corporation perspective:

  • A By-law ensures that the obligation is correctly document and enforceable. For example, in the case of a renovation, it may ensure that the responsibility to repair and maintain works and replace when required remains with the owner of the lot and any subsequent owners of the lot rather than falling on the shoulder of the Owner’s Corporation.
  • The formal process of by-law adoption and approval ensures that all parties are aware of the legislation and that all necessary requirements are met.

From the Owners perspective

  • If not formally approved the Owners Corporation could take action to make an owner remove any works undertaken and reinstate common property.
  • When looking to sell you unit potential purchasers may wish to view documentation confirming that changes or additions to the lot are subject to registered By-law and/or have had formal approval.

strata management north shore

About Strata Life – Strata Management Services

At Strata Life we strive to take the pressure of the day to day running of a strata scheme off of the shoulders of the committee members and owners. Whilst the nature of strata itself does mean that the owners/ committee are responsible for the decisions, the pressure is reduced by having a proactive manager provide guidance with a plain sense approach and quickly actioning issues as they arise.

We appreciate Committee members often have full-time jobs and busy lives. Add to this that the strata scheme is often your home where Committee members do not want to have to police other residents.

Our aim is to minimise the work and time where we can, take on the role of reminding owners and residents of the by-laws so that everyone can peacefully enjoy community living.

Our team has extensive experience with properties on the Upper North Shore, Hornsby and the Northern Beaches areas, with excellent local contractors and superior local knowledge.

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Get in touch

Whether you’re an existing client or not, our strata managers are here to help with all matters relating to strata schemes and community living.  Our office is open Monday – Friday, 8am – 6pm to answer your call or, for after-hours assistance, please complete our online enquiry form and we’ll get back to you the following business day.

Telephone : 02 9456 9965
Email : contact@thestratalife.com.au
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Disclaimer: The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way. Strata Life disclaims any liability for negligence or otherwise in any way connected with this article.