How do you create a new By-Law for a Strata Scheme?

The Owners Corporation can change existing by-laws, or create new ones, for the better enjoyment or management of the strata scheme. Most by-laws can be changed or created by special resolution passed at a duly convened general meeting of the Owners Corporation.

Notification of any new or changed by-law must be given to the Registrar General's Office. This can be done by lodging for registration a 'Change of By-Laws' dealing form. The approved 'Change of By-Laws' dealing form (15CB) contains a certificate of the Owners Corporation which should be completed by inserting the Strata Plan number, the date on which the resolution was passed and the relevant section of the Strata Schemes Management Act under which the by-law was made.

All by-laws are given a number and any additional by-law should be numbered consecutively commencing with the number 'Special By-law '. The terms of the by-law should be clearly set out in the space provided on the form. Annexures can be added if required. The common seal of the Owners Corporation must be affixed pursuant to s238 Strata Schemes Management Act.

The dealing should be lodged by hand at the Department of Lands located at Queens Square Sydney. A scheduled lodgment fee is payable and the Certificate of Title for the Common Property in the strata scheme should accompany the dealing at lodgment.

Change of By-Laws dealing forms and instructions for completion are available online.

Note

• A Change of By-Law cannot be lodged for registration more than 2 years after the passing of the resolution for the change.
• To be effective the Change of By-Law must be registered and a notification entered on the Certificate of Title for the Common Property.
• Where a by-law confers exclusive use of common property or allows special privileges in respect of common property the written consent of the owners benefited must be obtained in addition to the special resolution of the Owners Corporation.
• An Owners Corporation can not change or create a by-law, which confers a benefit or imposes obligations on some, but not all, of the owners during the initial period for the scheme.
• A by-law can not prohibit guide dogs or hearing dogs from a scheme nor can children be prevented from occupying a lot within the scheme (see s 49 of the Strata Schemes Management Act 1996).

For legislation regarding the changing of by-laws see Sections 47 to 56 inclusive Strata Schemes Management Act 1996