\t\t\t\tMany 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.<\/p>\n
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<\/em> 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.<\/p>\n 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:<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0 any registered changes to the by-laws made under previous strata title legislation;<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0 any registered changes to the by-laws made under the Strata Schemes Management Act 2015 post 30 November 2016<\/td>\n \u00b7\u00a0\u00a0 any registered changes to by-laws made under the Strata Schemes Management Act 1996<\/em>; and<\/p>\n \u00b7\u00a0\u00a0 any registered changes to the by-laws made under the Strata Schemes Management Act 2015 <\/em>post 30 November 2016<\/p>\n <\/p>\n Note<\/em><\/strong>: The by-laws adopted by or lodged with the strata plan may be developer\u2019s by-laws, the model by-laws under the 1996 Act, or the model by-laws under the 2005 or 2010 Strata Scheme Management Regulations<\/em><\/td>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any registered changes to by-laws after the strata scheme is registered.<\/p>\n <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n 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.<\/p>\n NOTE: This factsheet replaces our previous article on what by-laws apply to your scheme dated 8 August 2014<\/em><\/p>\n \u00a0<\/em>Any further questions about strata or community titles law?<\/strong><\/p>\n Call Kerin Benson Lawyers on 02 8706 7060 or email allison@kerinbensonlawyers.com.au or enquiries@kerinbensonlawyers.com.au<\/p>\n \t\t<\/p>\n","protected":false},"excerpt":{"rendered":" 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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[177,67,34,35],"tags":[144,372,74,31,373],"class_list":["post-1289","post","type-post","status-publish","format-standard","hentry","category-by-laws-nsw","category-news-and-publications","category-nsw","category-recent-news","tag-by-laws","tag-fact-sheet","tag-owners-corporation","tag-strata-reforms","tag-strata-schemes-management-act-2015"],"_links":{"self":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts\/1289","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/comments?post=1289"}],"version-history":[{"count":0,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts\/1289\/revisions"}],"wp:attachment":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/media?parent=1289"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/categories?post=1289"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/tags?post=1289"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n\n
\n Schemes registered before 1 July 1997 <\/strong><\/td>\n Schemes registered between 1 July 1997 to 29 November 2016<\/strong><\/td>\n Schemes registered on or after 30 November 2016<\/strong><\/td>\n<\/tr>\n \n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0 The by-laws set out in Schedule 2 of the Strata Schemes Management Regulation 2016<\/em>; and<\/p>\n \u00b7\u00a0\u00a0 The by-laws adopted by or lodged with the strata plan; and<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The by-laws adopted by or lodged with the strata plan; and<\/p>\n