Where can you find the by laws that apply to a strata scheme?
To answer this question you must know the date of registration of the plan.
For strata schemes where the plan was registered prior to 1/7/1997
The by laws are set out in Schedule 1 of the Strata Schemes Management Act 1996 together with any Change of By-Laws registered on the Certificate of Title for the Common Property.
For strata schemes where the plan was registered on or after 1/7/1997
The by-laws adopted are as nominated on the strata plan. The Certificate of Title for the Common Property will bear a notification in the second schedule referring to the nominated By-Laws as well as any registered change of By-Laws.
If a set of model By-Laws (eg residential) have been adopted the terms can be found in Schedule 1 of the Strata Schemes Management Regulation 1997. The date of registration of a strata plan can be found on sheet one of the registered strata plan. A copy of the registered strata plan can be purchased from the Department of Lands at Queens Square, Sydney or online
Note
When searching the Certificate of Title for the common property for registered changes of by-law, you should obtain a search of the 'register' as held by the Registrar General. It is possible that not all changes of by-laws are recorded on the actual certificate of title as held by the Owners Corporation.
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