Strata Title

By-Laws

Property owners and tenants who reside in strata title properties are bound by the by-laws agreed for that particular strata scheme.

By-laws are a set of rules designed to assist with the running of the strata scheme. They help to resolve disputes and generally make communal living easier for everyone involved. As such they are an important part of a strata scheme. The by-laws are generally based on state legislation and vary from scheme to scheme.

Strata schemes registered before 1st July 1997 are governed by the by-laws set out in Schedule 1 of the Strata Schemes Management Act 1996, together with any amendments made by the owners corporation.   These bylaws replaced the former by-laws 3, 12 to 27, and 29 of the repealed Strata Titles Act 1973 and created a new bylaw.  Former bylaws 1, 2, and 4 to 11 of the repealed Strata Titles Act 1973 are now incorporated as sections of the Strata Schemes Management Act 1996.

For strata schemes registered after 1st July 1997, there are six model sets of by-laws in the regulations of the Strata Schemes Management Act 1996 and Owners Corporations may select any of these models or develop laws to suit their particular needs.

To establish what bylaws are applicable to your strata scheme, refer to the strata plan where a panel on the first page indicates the bylaw situation. The certificate of title will also provide details of any by-law additions, repeals or amendments.

By-laws are not set in stone - they may be amended, cancelled or added to by way of special resolution at a general meeting of the Owners Corporation.

At The Strata Agency, as we’re experienced with strata title management, we think it’s a good idea that all residents within a scheme are familiar with the by-laws of that individual scheme. Before buying a strata titled unit or prior to renting a property, ask for a copy of the by-laws. This way, you’ll understand what the current residents expect from new members to the scheme. In doing so, you’ll prevent disputes before they arise.

If you believe that another resident has broken a by-law and in doing so, affected the enjoyment of your property, there are official steps you should take to resolve the issue. The first is to address the concern with the offender. Most of the time, the individual won’t have realised the mistake and will be happy to comply. If this doesn’t yield a satisfactory response, raise the issue with the Owner’s Corporation, who can issue an official letter. If all internal measures fail, the next step is to make a complaint with the Consumer, Trader and Tenancy Tribunal of NSW Fair Trading Department who have the authority to mediate disputes.

If you have any further questions regarding strata schemes by-laws, please contact your Strata Manager at The Strata Agency.