{"id":2123,"date":"2020-09-29T07:49:09","date_gmt":"2020-09-29T07:49:09","guid":{"rendered":"https:\/\/kerinbensonlawyers.com.au\/resources\/?p=2123"},"modified":"2020-09-29T07:49:09","modified_gmt":"2020-09-29T07:49:09","slug":"by-laws-101-approval-and-registration-of-renovation-by-laws","status":"publish","type":"post","link":"https:\/\/kerinbensonlawyers.com.au\/resources\/by-laws-101-approval-and-registration-of-renovation-by-laws\/","title":{"rendered":"By-Laws 101: Approval and Registration of Renovation By-laws"},"content":{"rendered":"

The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works.<\/p>\n

Under section 111(b) and (c) of the\u00a0Strata Schemes Management Act 2015<\/em>, a lot owner will only be allowed to carry out major renovations if authorised to do so:<\/p>\n

(b)\u00a0 under a by-law made under this Part or a common property rights by-law, or<\/em><\/p>\n

(c)\u00a0 by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.<\/em><\/p>\n

Any changes to a strata scheme\u2019s by-laws (including the approval of a special by-law allowing an owner to carry out major works) must be passed by a special resolution of the Owners Corporation at a general meeting.<\/p>\n

For lot owners wishing to carry out major renovations not only does the by-law have to be passed by special resolution, but it must also registered before they commence their works. Why is this so? Under section 141(2) of the Act, a change of by-law will have no effect until the new by-law is actually registered with the Land Registry Services and a new Certificate of Title, inclusive of the dealing registering the new by-law, is prepared by the Land Registry Services.<\/p>\n

A by-law needs to be submitted for registration with the Land Registry Services within six months of the motion being passed at a general meeting . \u00a0Failure to do so will result in the motion having to be re-passed, which would mean additional costs and delays for the lot owner.<\/p>\n

In summary, there are three main steps that a lot owner wishing to conduct major works should tick before they can proceed with the works:<\/p>\n

    \n
  1. Having a by-law motion prepared (preferably by a strata lawyer);<\/li>\n
  2. Having the by-law motion passed by special resolution at a general meeting of the Owners Corporation; and<\/li>\n
  3. Ensuring that the new by-law has been registered and noted on the new Certificate of Title prepared by the Land Registry Services.<\/li>\n<\/ol>\n

    The team at Kerin Benson Lawyers has extensive experience in successfully assisting lot owners in drafting and registering special by-laws authorising major works \u2013 please feel free to get in contact with us for any questions that you may have in connection with the renovations of your strata lot.<\/p>\n

    Authors: Michela Alesse and Allison Benson<\/p>\n","protected":false},"excerpt":{"rendered":"

    The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works. Under section 111(b) and (c) of the\u00a0Strata Schemes Management Act 2015, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[177,325,67,34,186],"tags":[144,161,68,74,200,262,81],"class_list":["post-2123","post","type-post","status-publish","format-standard","hentry","category-by-laws-nsw","category-fact-sheets","category-news-and-publications","category-nsw","category-rules-act","tag-by-laws","tag-general-meetings","tag-nsw","tag-owners-corporation","tag-strata-law","tag-strata-scheme","tag-strata-schemes"],"_links":{"self":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts\/2123","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=2123"}],"version-history":[{"count":2,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts\/2123\/revisions"}],"predecessor-version":[{"id":2125,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/posts\/2123\/revisions\/2125"}],"wp:attachment":[{"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/media?parent=2123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/categories?post=2123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kerinbensonlawyers.com.au\/resources\/wp-json\/wp\/v2\/tags?post=2123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}