Rules that fit the scheme
By-laws regulate the use and enjoyment of lots and common property. They can address matters such as renovations, parking, pets, noise, smoking, exclusive use, access and the allocation of maintenance responsibilities.
A useful by-law needs more than clear wording. It must be suitable for the scheme, consistent with the Strata Schemes Management Act 2015 (NSW) and other laws, and capable of being approved and registered through the correct process.
Drafting and review
Pezikian Legal can begin with the practical outcome the owners corporation or lot owner is trying to achieve, then review the strata plan, existing by-laws and relevant common-property issues.
The drafting process can identify who receives a right or obligation, what approvals or conditions apply, who pays for work and maintenance, how access is managed and what happens when ownership changes. Existing by-laws can also be reviewed for inconsistency, uncertainty or duplication before a consolidated set is prepared.
- Renovation and common-property rights by-laws
- Exclusive-use and special privilege by-laws
- Parking, pets, noise, smoking and use restrictions
- Access, maintenance and cost-allocation provisions
- Review and consolidation of existing by-laws
- Motions and explanatory material for a general meeting
Approval and registration
Changing a by-law generally requires the appropriate resolution at a general meeting and registration with NSW Land Registry Services. The NSW Government states that changes are not valid or enforceable until registered, and registration requirements and timeframes should be addressed as part of the process.
Pezikian Legal can assist with the proposed wording, motion, supporting material, consolidated by-laws and the steps required for electronic lodgement.
Compliance and disputes
A dispute may concern the meaning or validity of a by-law, whether a breach occurred, whether the correct notice and resolution process was followed, or whether a by-law is harsh, unconscionable or oppressive.
Early advice can help the owners corporation or affected resident define the issue, preserve evidence and choose between practical correspondence, mediation and an application to NSW Civil and Administrative Tribunal.
Information to provide
- Current registered by-laws and the strata plan
- Relevant meeting notices, agendas, minutes and resolutions
- Plans, scopes and approvals for proposed work
- Correspondence, notices to comply and evidence of the alleged breach
- Any exclusive-use, licence, management or access agreement connected with the issue