If you live in an Owners Corporation community, the chances are you’ve heard of something called by-laws.
By-laws are the rules of an Owners Corporation that all the owners have agreed to abide by. The by-laws are voted on by all owners.
Owners Corporations can choose to adopt the sample model by-laws, or make changes to them to manage issues that are specific to their scheme.
The model by-laws aren’t hard and fast rules, they are there to guide OCs to review and make by-laws to suit their scheme. Model by-laws need to be approved by the Owners Corporation and registered with NSW Land and Registry Services.
The model by-laws include options for:
- Permitting pets
- Dealing with nuisance or hazardous smoking
- Helping Owners Corporations address noise and short-term letting
- Measures to prevent overcrowding.
You can view or download a copy of the model by-laws in the Strata Schemes Management Regulation 2016 from the NSW Legislation website.
So, where do you find your by-laws?
A copy of your scheme’s by-laws is kept on the strata roll and is available from either the Secretary of the Owners Corporation or from your managing agent. You can obtain copies of by-laws from inspecting the records or contacting NSW Land Registry Services.
The by-laws that apply to your strata scheme depend on the date the strata plan was registered.
You must know the date of registration of the plan which is found on Sheet 1 of the registered strata plan. A copy of the registered strata plan can be purchased from NSW LRS’ approved information brokers.
When your strata scheme was registered, the by-laws which apply to your strata scheme are recorded in the second schedule of the folio of the common property together with any recorded changes (amendments, additions or repeals) to those by-laws. When searching the Certificate of Title for the common property for registered changes of by-laws, you should obtain a search of the ‘Register’ as held by the Registrar General.