New Strata Legislation – Strata By-Laws
What are Strata by-laws?
The new legislation requires one consolidated set of by-laws to be held. This guide is aimed to assist with understanding the situation for your strata scheme, and what you might like to consider as part of your by-law review process. The information is contained in Part 7 of the Strata Schemes Management Act 2015 (NSW), and Schedules 2 & 3 of the Strata Schemes Management Regulation 2016 (NSW).
If you have any questions about your by-laws, contact your Strata Plus strata manager.
WHICH BY-LAWS ARE RELEVANT
PRE 1996 SCHEMES
- Schedule 2 of the Strata Schemes Management Regulation 2016 (NSW) applies
- Each of the by-laws contains a note stating the reference to previous legislation
- These by-laws, including any changes to by-laws made under previous legislation, are in force.
SCHEMES 1997 TO 29 NOVEMBER 2016
- The by-laws registered with the Registrar General that were adopted, including any changes to by-laws.
SCHEMES FROM 30 NOVEMBER 2016
- Schedule 3 of the Strata Schemes Management Regulation 2016 (NSW) applies
You have access to your scheme’s by-laws on your microsite or via your client login.
WHAT SHOULD BE CONSIDERED
BY-LAW MATTERS
By-laws may be made for the management, administration, control, use of the lots or common property. Community management, precinct management and strata management statements prevail over by-laws. They cannot:
- Restrict children occupying a lot
- Prevent keeping of an assistance animal
- Be inconsistent with the by-laws, strata legislation or other laws
- Be unjust, harsh, unconscionable, oppressive
- Prevent property dealings.
Are your current by-laws enforceable and do they suit your scheme?
OCCUPANCY LIMITS
- A scheme can adopt a by-law to limit the number of adults who reside within the lot.
- Planning approvals prevail over such by-laws, and the limit cannot be less than 2 adults per bedroom.
- Clause 36 of the Regulations specifies the exceptions to this limit.
Refer to our Info Guide on Short Term Lettings and Airbnb for further information.
MINOR RENOVATIONS
A scheme can adopt a by-law to authorise the strata committee to give approvals for minor renovations.
Refer to our Info Guide on Minor Renovations for further information.
COMMON PROPERTY RIGHTS BY-LAW
A scheme can adopt a by-law to provide owners or occupiers of specific lots exclusive use or special privileges over common property.
Refer to our Info Guide on Common Property Works & Uses for further information.
THE APPROVAL PROCESS
- The approval of changes to by-laws remains via special resolution.
- The notification of a change in by-law must be lodged at the Registrar General’s office within 6 months of the resolution.
The by-law comes into effect when the Registrar General has updated the folio.