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"All strata schemes are subject to a set of by-laws. They're essential for the smooth running of every strata scheme even though they can cause their fair share of issues. If you're involved in strata, it would be wise to familiarise yourself with the standard by-laws for your scheme as well as any special ones specifically setup by the Owners Corporation. Here's a brief explanation of what's involved along with the usual links to some helpful 'additional reading' resources."
STRATA BY-LAWS
- Why have By-laws?
- Model By-laws
- Which By-laws to use
- Make sure you have a copy
- For NSW STRATA SCHEMES REGISTERED BEFORE 1st JULY, 1997
- For NSW STRATA SCHEMES REGISTERED AFTER 1st JULY, 1997
- Amending, adding or repealing by-laws
- Additional information on amending, adding or repealing by-laws
- Restrictions on by-laws
- Special provisions for Strata Schemes in Community Schemes
- Enforcing by-laws
Why have By-laws?
By-laws are made to facilitate the administration and harmony (ie the smooth and dispute-free running) of the strata scheme. They generally cover the use of common property and the behaviour of residents but can also deal with many other aspects of the scheme.
Without them the scheme would basically operate as a 'free-for-all' situation where anyone could essentially do whatever they pleased to their property, the common property and each other. Just imagine the sort of chaos that situation would create over time.
By-laws usually pertain to:
- Parking restrictions and use of allocated areas
- Keeping of pets
- Garbage disposal
- Use of facilities and common property
- Behaviour of residents - noise, hanging of washing, offensive behaviour, etc
- Security and Safety measures
- architectural and landscaping guidelines
- other appropriate matters specific to the type of strata scheme in use
- Installation and use of Floor coverings
- Installation and use of Air conditioners, pergolas, tv & satellite access
All residents (tenants and owners) must adhere to the by-laws in accordance with the NSW Strata Schemes Management Act 1996 - Part 5: By-Laws (Sections 41 thru 60) or face the possibility of penalties (usually in the form of fines) issued by the NSW Consumer, Trader & Tenancy Tribunal (sometimes referred to as the CTTT), a division of the NSW Dept of Commerce.
TIP: By-laws are enforceable by law so make sure you read the Resolving disputes information page for more information on this subject
Model By-laws
There are a predetermined set of by-laws, known as model by-laws, which were introduced for the various types of strata schemes; ie residential, industrial, hotels, resorts, commercial, retail, mixed use and retirement villages.
NSW Strata Schemes Management Regulation 2005 - Schedules 1 through 6 detail the model by-laws for every type of strata titled scheme.
NSW Strata Schemes Model By-Laws
Which By-laws to use
Under current legislation, a newly-registered scheme has the choice of adopting the model by-laws, creating its own version or using a combination of both. Once the scheme is in operation, the Owners Corporation may add to, repeal or amend the by-laws for the scheme. Interestingly, a new scheme can actually be registered without any by-laws. Obviously this wouldn't be a good idea and really should never be considered as an option.
Make sure you have a copy
Every owner should have a full copy of the by-laws specific to their scheme, so they understand the rules they will be required to live by. If you don't know the by-laws for your scheme, a search can be done at the NSW Land and Property Information Search Division website to determine the registered by-laws for a particular strata scheme. Just be aware this is not a free service.
Alternatively, the latest by-laws can be found on the Common Property Title which you should be able to obtain from your Executive Committee or strata manager (if your scheme is managed by a Strata managing agent).
Note to Investors - if you lease out your strata property, make sure your tenants always have a copy of the latest by-laws for the scheme. Legislation dictates that it's your responsibility they receive a copy.
Before and After...
For NSW STRATA SCHEMES REGISTERED BEFORE 1st JULY, 1997
If a strata scheme was registered before 1st July 1997, the standard by-laws in Schedule 1 of the NSW Strata Schemes Management Act 1996 will be in use. These generic by-laws apply to these early schemes as well as any by-law additions, repeals or amendments registered with the NSW Dept of Lands.
For NSW STRATA SCHEMES REGISTERED AFTER 1st JULY, 1997
If a strata scheme was registered after 1st July 1997, it may have the appropriate model by-laws (listed below), custom-written by-laws or a combination of both. If no custom by-laws are lodged with the strata plan, the appropriate model by-laws for the particular strata scheme type can be used as an alternative. Details of any 'registered' by-law additions, repeals or amendments can be found on the NSW Dept of Lands website or can be obtained from your Executive Committee or strata manager (if you use one).
Amending, adding or repealing by-laws
In simple terms, all by-laws can be amended or repealed and new ones added by the Owners Corporation at a general meeting via a special resolution. If, however, the by-law to be changed or added is designated as a special by-law and requires an unanimous resolution, the requirements for the unanimous resolution apply.
Sections 47 thru 56 of the NSW Strata Schemes Management Act 1996 deals with all the legislative requirements for adding or changing by-laws.
Additional information on amending, adding or repealing by-laws
Below are a few links to information that details the conditions, limitations, restrictions, forms, fees and other requirements for adding or changing by-laws.
NSW Dept of Lands by-Law links
- How do you create a new By-Law for a Strata Scheme?
(You'll have to scroll to the bottom of the page to see this question)- Change of By-Laws: form 15CB
- Change of By-Laws form 15CB: Instructions for Completion
- Registrar General's Directions: Change of By-Laws form 15CB
- Scheduled lodgment fee
Other by-law links
Restrictions on by-laws
There are a few restrictions for by-laws covering guide dogs, hearing dogs, children and the Initial Period and all relevant facts can be obtained from Section 49 and Section 50 of the NSW Strata Schemes Management Act 1996.
Special provisions for Strata Schemes in Community Schemes
Community schemes deal with by-laws in a slightly different manner to Strata schemes so if a Strata Scheme happens to be within a Community Scheme, the Act makes reference to a couple of special provisions for this situation. Therefore, if you happen to live in a Strata Scheme that is part of a Community Scheme or you intend to buy into one, you should familiarise yourself with these provisions by reading Sections 57 thru 60 - Special Provisions of the NSW Strata Schemes Management Act 1996.
Enforcing by-laws
Quite often non-compliance of by-laws can be due to a simple misunderstanding or ignorance of the by-law being broken. In a lot of cases, many by-law breakers didn't even know there was a law for what they were or weren't doing.
For this reason, it's always best to begin with a polite letter from the Executive Committee or the strata manager (if you have one) outlining the breach & seeking compliance with the relevant law. Usually this will be enough for some offenders once they realise they have actually done the wrong thing.
However, there are other more 'selfish' types who really couldn't care less and it's this minority that needs 'stronger' forms of persuasion. Luckily there are a number of avenues open to those responsible for bringing the wayward into line however, it's not always an easy or smooth path. Read the Resolving disputes information page to learn more about the various options available for resolving disputes.
Strata Title Terms and Jargon
If you need to know the meaning of one or more of the common terms mentioned above then have a look at the Strata Terms and Jargon Information page.
DISCLAIMER: All information on this website is of a general nature and is intended as a guide only. Readers should check all information obtained from this website for accuracy from other sources and seek professional legal advice before taking any action based on any information obtained from this website. Information on this website should not be substituted for proper legal advice. The owners of this website will not be held responsible for any action taken as a consequence of same.
EXTERNAL SOURCES: The owners of this website do not make any warranty or representations regarding the information, products, services provided by or qualifications of any external sources listed on this website. Readers should make their own appropriate enquiries regarding accuracy, qualifications, licences, etc. The owners of this website will not be responsible or liable in any way for any representations made by any external sources listed on this website.
IMPORTANT NOTE: This website deals with strata matters in NSW, Australia only. Legislation varies in different states and territories and in other countries. For information pertaining to places outside of NSW, Australia please refer to the appropriate legislation for your region.
What is strata?
Strata terms and jargon
Frequently Asked Questions
Do-It-Yourself Strata
Strataman News
Helpful Websites
Buying a strata titled property
Buying "off-the-plan"
By-Laws
Community & Neighbourhoods
Compliance issues
Executive Committee
Insurance requirements
Legal advice
Levies & Special Levies
Meetings
Ongoing maintenance&repairs
Owners Corporation
Preventative maintenance
Records & Accounts
Resolving disputes
Small & Large schemes
Strata Managing Agents
Strata trades guide
Taxation & GST
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