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  • 0401 08 36 36
  • simone@buildingbylaws.com.au
  • PO Box 8274 Baulkham Hills NSW 2153
  • 0401 08 36 36
  • simone@buildingbylaws.com.au
  • PO Box 8274 Baulkham Hills NSW 2153

QnA

Common Questions About Bylaws

Here are just a few questions about by-laws. If your question is not answered here, please contact me for more information.

1. What is a by-law?

Each strata scheme has its own by-laws, which are a set of rules that govern such things as the behaviour of residents and the use of common property. Bylaws are designed for the control, management, administration, use and enjoyment of the lots and common property. The by-laws apply to all owners and residents of a strata scheme, who are legally obliged to comply with the by-laws of the scheme.

2. What can by-laws provide for?

By-laws may be made in relation to any of the following:

 

  • safety and security measures
  • details of any common property of which the use is restricted
  • the keeping of pets
  • parking
  • floor coverings
  • garbage disposal
  • behaviour
  • architectural and landscaping guidelines to be observed by lot owners
  • matters appropriate to the type of strata scheme concerned.

 

This list does not limit the matters for which by-laws may be made, however a bylaw must not be inconsistent with this or any other Act or law.

3. How can I get a copy of my by-laws?

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 of the scheme may also be found in your contract of sale for property, however note the by-law may have been updated from the time of your purchase so it is best to obtain the latest copy from your managing agent.

 

Strata owners can inspect the owners corporation’s records to confirm what by-laws are in place.

 

Potential owners can get a copy of the by-laws by obtaining a section 109 certificate, which is required to finalise financial matters concerning the sale of a strata property.

 

Landlords must give their tenants a copy of the current by-laws within 7 days of the tenancy agreement being signed.

4. How can a strata scheme make an additional by-law?

The Strata Schemes Management Act 1996 allows a strata scheme, by special resolution at a general meeting, to make by-laws – adding to, amending or repealing the by-laws for a strata scheme.

5. What is a special privileges by-law?

This special by-law confers special privileges on an owner or group of owners to undertake an activity or make an installation in a specific area of common property.

6. What is an exclusive use by-law?

This special by-law confers on an owner or group of owners a right to exclusively use a specific part of the common property.

7. How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?

Pursuant to s.52 of the Strata Schemes Management Act 1996, an owners corporation may make, amend or repeal a by-law conferring certain rights or privileges, but only:

 

(a) with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and

 

(b) in accordance with a special resolution.

8. How do I register my by-law passed at general meeting?

A by-law has no force or effect until the strata scheme has lodged a notification in the Registrar-General’s office and the Registrar-General has made an appropriate recording of the notification in the Certificate of Title. This can be done by lodging for registration a ‘Change of By-Laws’ dealing form.