Strata By-Laws

What are Strata by-laws?

NSW strata 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 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 lot’s 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.

The by-law comes into effect when the Registrar General has updated the folio.