General Bylaws

General by-laws apply to all owners and occupiers in the scheme. Owners Corporations are continuously faced with problems that are not adequately covered by the model by-laws of their scheme and this is where additional special general by-laws are required.

Common examples of special general by-laws include – smoking restrictions, visitors parking restrictions, comprehensive keeping of animals by-laws, signage restrictions, furniture removal, fire safety and compliance, rubbish removal and security access.

There are also other special general by-laws in respect of certain non-structural alterations commonly made by lot owners including, but not limited to – air-conditioning systems, awnings, skylights, bathroom renovations, solar systems, gas supplies, floor covering and hot water systems. Such general by-laws allow any owner to install such items subject to specific terms and conditions made by the owners corporation.

Some practitioners believe that such by-laws must be made as s52 special privileges by-laws as it involves alteration and additions to the common property. However, if such a by-law is made as a special privilege given to each lot owner, then each lot owner must consent to the by-law before it is even considered by the owners corporation for resolution. Therefore, such by-laws are not made as special privileges by-laws but general operational by-laws applicable to all owners with a provision in the by-law that states that upon application to do such specific work the lot owner consents to the terms and conditions imposed under the by-law.

General by-laws can be “off the shelf” and streamlined specifically for your strata scheme. These by-laws can be provided at a reasonable fixed cost and will include any special conditions required by the strata scheme.

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