What are By-Laws?
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The by-laws are a set of rules that all people living in a strata scheme must follow. All owners and residents in a strata scheme must obey the by-laws and their other responsibilities under the Act.
All of the by-laws in place at the strata scheme apply to tenants in the same way as they apply to lot owners. Tenants must be given a copy within seven days.
The owners corporation can change or cancel any of the by-laws to help in the running of the strata scheme. A special resolution is needed. A by-law has no force or effect if it is inconsistent with this or any other Act or law. By-laws cannot prevent guide dogs or hearing dogs being in the scheme, nor prevent childeren under 18 years occupying the scheme.
Any exclusive-use by-law in place at the time of registration of the scheme, and that remains in place, must be disclosed to purchasers by vendors by a copy of the by-law being attached to the contract of sale.
Notice to comply with a by–law
All owners and occupiers (residents) in a strata scheme must comply with the by-laws of the scheme.
The owners corporation may issue a notice to comply requiring an owner/occupier who has breached a by-law to comply. To issue a notice to comply:
- the owners corporation must be satisfied that the person has broken a by-law
- a meeting should then be called and a motion passed to issue a notice to comply
- the owners corporation then serves the person with the notice on the prescribed form.
View or download the prescribed Notice to comply with a by-law in PDF format (size: 57k) from the Fair Trading website or call 13 32 20 for a copy.
If the person served with the notice to comply continues to breach the by-law during the next 12 months, the owners corporation may apply to the Consumer, Trader and Tenancy Tribunal (CTTT) to fine that person. The owners corporation must attend a hearing and present evidence proving the breach. The CTTT can make a penalty order for up to $550.
The CTTT is a specialist, independent, low cost Tribunal for the fair and timely resolution of disputes according to law. Disputes are resolved at a hearing or by alternative dispute resolution.
Other responsibilities under Section 116 and 117
You must not interfere with any support or shelter provided by your lot for another lot or the common property. You must give the owners corporation at least 14 days written notice before altering the structure of your lot. The notice must describe the alterations. The owners corporation can stop alterations to a lot if it interferes with the common property or any support to the rest of the building.
You must not interfere with the passage or provision of water, sewerage, drainage, gas or other similar services. You must not use or enjoy your lot in such a way which might cause a nuisance or hazard to another resident. You must not use or enjoy the common property in a way that may interfere unreasonably with another resident’s use and enjoyment of common property or their lot.
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