Strata Title
12. By-laws
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Sep 2015
- The most common way of dealing with issues regarding the use of common property or behaviour of residents is through by-laws.
- By-laws are intended to ensure the smooth running of the strata scheme.
- There are standard by-laws depending on the age of the strata scheme and the type of property involved. There may be specific by-laws introduced by the owners’ corporation.
- The owners’ corporation has the power to amend, add or repeal any by-law for the strata scheme through a special resolution (i.e. 75% of votes in favour of a motion).
- Exclusive use or special privilege by-laws give an owner or group of owners special rights over common property. Examples include installation of an air-conditioning unit into the outside wall of a unit, erecting a pergola in the rear garden of a townhouse or the right of certain owners to use a swimming pool after hours.
- An exclusive use or special privilege by-law can only be added, amended or repealed by written permission of all owners who will be affected by the by-law and a unanimous resolution at a meeting of the owners’ corporation.
- You should always seek advice from a specialist strata lawyer when drafting a by-law as it is important to get the wording right to ensure compliance.
- It is essential that you obtain and read your strata scheme by-laws and provide them to your tenants if you are leasing your unit to someone else.
- To introduce a new by-law you must:
- ensure that your levies are paid in full and that the strata roll contains your name;
- if there is no a meeting already scheduled then convene a general meeting;
- provide the Secretary with written notice of the proposed motion you wish put on the meeting’s agenda;
- there are strict timelines that need to be observed when submitting your proposal;
- you should either check your by-laws or speak to your strata manager regarding the time restrictions;
- at the meeting your motion will be put forward for vote;
- the addition of new by-laws requires a special resolution which means a 75% majority vote in favour of the motion will be required before it is passed;
- once passed the by-law will be drafted and incorporated into your strata scheme; and
- after it has been incorporated and registered the by-law will become binding on all residents.
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