Many lot owners, particular those in older strata schemes, do not know what by-laws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme this record may not always be accurate.
Why? There was a change to the law on 1 July 1997 affecting strata schemes registered before this date and, as of 30 November 2016 when the relevant sections of the Strata Schemes Management Act 2015 takes effect there will be further changes. Also over time there is often ad hoc additions, amendments and repeals of by-laws by the Owners Corporation. If rigorous records are not kept, confusion ensues.
This is particularly so where there are several by-laws in respect of the same subject area which have been amended over time. If not properly drafted these by-laws can cause uncertainty. As of 30 November 2016 the following applies:
| Schemes registered before 1 July 1997 | Schemes registered between 1 July 1997 to 29 November 2016 | Schemes registered on or after 30 November 2016 |
| · The by-laws set out in Schedule 2 of the Strata Schemes Management Regulation 2016; and
· any registered changes to the by-laws made under previous strata title legislation; · any registered changes to the by-laws made under the Strata Schemes Management Act 2015 post 30 November 2016 |
· The by-laws adopted by or lodged with the strata plan; and
· any registered changes to by-laws made under the Strata Schemes Management Act 1996; and · any registered changes to the by-laws made under the Strata Schemes Management Act 2015 post 30 November 2016
Note: The by-laws adopted by or lodged with the strata plan may be developer’s by-laws, the model by-laws under the 1996 Act, or the model by-laws under the 2005 or 2010 Strata Scheme Management Regulations |
· The by-laws adopted by or lodged with the strata plan; and
· any registered changes to by-laws after the strata scheme is registered.
|
Note that any amendments, repeals or additions to the original by-laws must be registered to be valid but that registration does not make an invalid by-law valid.
NOTE: This factsheet replaces our previous article on what by-laws apply to your scheme dated 8 August 2014
Any further questions about strata or community titles law?
Call Kerin Benson Lawyers on 02 8706 7060 or email allison@kerinbensonlawyers.com.au or enquiries@kerinbensonlawyers.com.au