What are By-Laws? They are the rules governing issues that impact your block of units such as: • administering, managing and controlling common property and assets • regulating the use and enjoyment of lots, common property, assets, services and amenities They are also called articles, rules or memorandum. They can include specific items such as whether you can own a pet, do you get charged a penalty for late strata fees and where can you park your car. Are By-Laws important? Yes, very important! If your By-Laws are clear and up to date, everyone knows the rules and it can save angst down the track. And owners, don’t forget to give a copy of the By-Laws to tenants. I can’t find my By-Laws? Your management committee should have a copy of your By-Laws. Your strata manager will definitely have a copy (if you have a strata manager). Or, if all else fails go to the relevant agency in your State with the name and number of your strata scheme. Your By-Laws (and subsequent updates) must be registered with this government agency. This information is provided as a guide only, it is not a substitute for legal advice. The recipient must at all times comply with local and strata title regulations and any other law.
I want to set up By-Laws for a new strata scheme or change existing By-Laws? In most states you adopt standard By-Laws and then add additional rules that best suit your property. Remember your By-Laws must not be inconsistent with the Act governing strata schemes and body corporates in your State or any law. To get assistance you can consult a solicitor. In Victoria By-Laws can be changed by “Special Resolution” at a general meeting or postal ballot of the owners’ corporation. Make sure your notice calling the meeting or postal ballot is sent out at least 14 days in advance and includes agenda items covering. A Special Resolution requires 75% or more to vote in favour. The postal ballot is counted at a specially convened Committee Meeting. If at least 50 per cent of votes were in favour of the new rules, an interim special resolution is passed. A notice of interim special resolution and minutes of the meeting must be sent to all lot owners within 14 days of the close of the ballot. The decision can only be acted on after 29 days, if no petition representing more than 25 per cent of lot entitlements has been received. If the secretary receives a petition before the deadline, the special resolution fails and the rules are not adopted. Your owners’ corporation must lodge a copy of the consolidated rules with Land Victoria together with a completed Land Victoria form (signed by the owners’ corporation secretary) and a fee. If the rules are not registered with Land Victoria, the rules are void and not enforceable.
In most states you adopt standard By-Laws and then add additional rules that best suit your property. Remember your By-Laws must not be inconsistent with the Act governing strata schemes and body corporates in your State or any law. To get assistance you can consult a solicitor. How to change your By-Laws in Queensland By-Laws can be changed by “Special Resolution” at a general meeting of the body corporate. The group of owners agrees to adopt a new Community Management Statement (CMS) which identifies the changes to the By-Laws. The new approved By-Laws must then be registered with the Registrar of Titles.
I want to set up By-Laws for a new strata scheme or change existing By-Laws? In most states you adopt standard By-Laws and then add additional rules that best suit your property. Remember your By-Laws must not be inconsistent with the Act governing strata schemes and body corporates in your State or any law. To get assistance you can consult a solicitor. In NSW By-Laws can be changed by “Special Resolution” at a general meeting of the owners’ corporation. A Special Resolution requires 75% or more to vote in favour. Once passed the new approved By-Laws must be registered with the Land & Property Management Authority. There is no ‘mandatory’ set of By-Laws. Some model by-laws are set out in legislation, others are set by the original developer of the scheme. By-laws can be made or changed to meet the needs of all owners and to assist with the running of the scheme. The NSW government has suggested some model By-Laws for owners to consider and they’re really good.
I want to set up By-Laws for a new strata scheme or change existing By-Laws? In most states you adopt standard By-Laws and then add additional rules that best suit your property. Remember your By-Laws must not be inconsistent with the Act governing strata schemes and body corporates in your State or any law. To get assistance you can consult a solicitor. In Western Australia By Laws can be changed by “Special Resolution” at a general meeting of the strata company. A Special Resolution requires 75% or more to vote in favour. Once passed the new approved By Laws must be registered with the Registrar of Titles at Landgate within three months of the date of the meeting by lodging a “Notification of Change of By-Laws” form.
Your management committee should have a copy of your By-Laws. Your strata manager will definitely have a copy (if you have a strata manager). Or, if all else fails go to the relevant agency in your State with the name and number of your strata scheme. Your By-Laws (and subsequent updates) must be registered with this government agency. This information is provided as a guide only. It is not a substitute for legal advice. The recipient must at all times comply with local and strata title regulations and any other law.
