Whether you’re new to strata title or have been involved for a number of years, the process of having a by-law drafted, passed and registered can often be daunting and sometimes confusing. We’ve summarised three of the frequently asked questions we receive from clients below.
I have my draft works or exclusive use by-law, what happens next?
Once you’ve read and understand the terms of the by-law you’d like to propose, you’ll need to send it to your Strata Manager along with a signed copy of a consent form which states that you consent to the proposed by-law being made and ask that it be placed on the agenda for the next general meeting. If your scheme’s annual general meeting (AGM) has already been held and you’d like the by-law considered prior to the next AGM, you’ll need to ask your strata committee to call an extraordinary general meeting, in which case you’ll likely be required to cover the expense of holding the meeting.
Often your Strata Manager will provide the by-law to the Strata Committee for their review before scheduling a meeting, this allows any concerns or questions about the by-law to be addressed before it is presented to the Owners Corporation to be voted on.
Is there a time-frame by which a meeting must be scheduled after I make a request?
It will depend on the nature of your request. The Strata Schemes Management Act 2015 requires that a meeting be convened as soon as practicable and not later than 14 days after receiving a qualified request. A qualified request is a request made by one or more owners of a lot or lots with a total unit entitlement of at least 25% of the total unit entitlements for the scheme. If your request is not a qualified request, there is no set timeframe by which a meeting is to be scheduled. We recommend maintaining clear communication with your strata manager and strata committee throughout the process to ensure a meeting is scheduled in a timely manner.
My works by-law has been passed, can I start the works?
Once a by-law has been passed, it is approved by the Owners Corporation, however it is not enforceable until it has been registered on the certificate of title of the scheme and therefore the works should not be commenced until the registration is complete. It is important to remember that a by-law is valid and eligible to be registered for six months from the date on which is it passed by the Owners Corporation. If it is not registered within this time frame, the by-law must again be presented at a general meeting and re-passed so that it can be registered.
The registration is submitted to the Land Registry Services Office by our team through PEXA and is typically finalised within two to three weeks from the date it is submitted. Once the registration is complete, the by-law the by-law is in full force and the works can commence.
Our team are highly skilled in the drafting and registration process and are available to assist both lot owners and strata managing agents throughout the process. If you need assistance with drafting or registering a by-law, please contact our office.
Authors: Zac Sie and Allison Benson