New by-laws can be changed, or even created, by the Owners Corporation provided they’re acting in the interest of the better enjoyment/management of the Strata Scheme. These changes or creations must take place at a ‘duly convened’ general meeting of the Owners Corp. Changed by-laws must be passed to the Registrar General’s Office. It’s as simple as obtaining a “Change of By-Laws’ form, which will then be approved and will contain certificate of the owners Corporation- then completed by inserting the Strata Plan Number. Following this the date that the change/resolution was passed and the relevant section of the Management Act that the Strata Scheme by-law was made.
Every single by-law is given a numerical value- and any additional by-law following that one should be numbered in a consecutive (more often ascending) order. The terms need to be explicitly detailed and exceptionally clear to all parties concerned. The common seal of the Owners Corp must be affixed.
You then need to deliver this to the LPI located at Queens Square Sydney. You will need to lodge it and the scheduled lodgement fee is payable upfront.
The Certificate of Title for the Common Property in the strata scheme should always accompany the dealing at lodgement.
These forms (and their instructions) are always available online.
Notes directly from the Land and Property Information section of NSW government;
A Change of By-Law cannot be lodged for registration more than 2 years after the passing of the resolution for the change.
To be effective the Change of By-Law must be registered and a notification entered on the Certificate of Title for the Common Property.
Where a by-law confers exclusive use of common property or allows special privileges in respect of common property the written consent of the owners benefited must be obtained in addition to the special resolution of the Owners Corporation.
An Owners Corporation can not change or create a by-law, which confers a benefit or imposes obligations on some, but not all, of the owners during the initial period for the scheme.
A by-law can not prohibit guide dogs or hearing dogs from a scheme nor can children be prevented from occupying a lot within the scheme (see s 49 of the Strata Schemes Management Act 1996).
***The information contained in any article or post is general information only and not legal advice. The currency, accuracy and completeness of these articles (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.
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