By-laws are the rules for occupiers of strata lots. Anyone who has lived in a residential strata plan is probably aware of by-laws for keeping of pets, noise levels and use of common property, such as a pool or gymnasium. The Strata Schemes Management Regulation 2016 sets out the "usual" by-laws, known as "model by-laws".

Registration of By-Laws

It is tempting for many developers and Owners' Corporations to simply adopt the model by-laws. However, every strata plan is different and the model by-laws do not always fit each strata plan.

Some by-laws can be adopted by a special resolution of the Owners' Corporation. However, other by-laws require a special resolution and the consent of all owners.

Somerville Legal will assist developers and Owners' Corporations to develop a set of by-laws which will suit a particular strata plan by:-

  1. Liaising with you, your architect and surveyor to ensure that by-laws deal with any unique aspects of the strata plan.
  2. Drafting by-laws and advising on restrictions on by-laws pursuant to the Strata Schemes Management Act 2015 during the initial period of the Owners' Corporation. 
  3. Advising on the process of adopting by-laws, including the passing of resolutions at meetings of the Owners' Corporation. We draft resolutions of the Owners' Corporation where necessary. If required, we attend the meeting of the Owners' Corporation where by-laws are to be passed. 
  4. Dealing with the Land and Property Information to register by-laws adopted by the Owners' Corporation. 

Amending By-Laws

The needs of an Owners' Corporation often change and the original by-laws may need to be adjusted.

Somerville Legal will:-

  1. Advise of the steps involved in making a variation of by-law effective. 
  2. Draft any variations and necessary special resolutions in consultation with the Owners' Corporation. 
  3. Deal with the Land and Property Information to have the variations registered. 

If you would like to discuss the registration or variation of by-laws further, contact Andrew Somerville.

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