By-Laws in Residential Strata Schemes
The Strata Schemes Management Act 1996 and regulations contain a number of short form by-laws to assist to regulate the conduct of owners and occupiers.
Owners corporations and developers frequently create and adopt much more tailored by-laws to deal with the particular scheme and the specific issues that they encounter.
Regulating Conduct
The table below addresses by-laws frequently made to regulate conduct and the frequent types of modifications made.
Authorising works by owners is dealt with further below under the heading “Works by Owners”.
Type of by-law and its operation |
Frequent modifications to the by-law |
|---|---|
Access KeysThis by-law regulates access |
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Air-conditioningThis by-law regulates the installation of air conditioning units within lots.
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Building management contractThis by-law discloses the key terms for the building manager. |
Matters disclosed include:
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Alcohol consumptionThis by-law regulates the consumption of alcohol on certain parts of common property. |
Prohibits the consumption of alcohol on or in:
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Exclusive UseAn Exclusive Use By-Law grants a right to owners to use any area that forms part of the common property to the exclusion of all others. |
Parts of common property may include:
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Fire safety complianceThis by-law regulates compliance by owners or occupiers with fire safety requirements for the scheme. |
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FlooringThis by-law regulates the flooring systems. |
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Green initiativesThis by-law regulates the type of green initiatives that may be permitted. |
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Moving and storing goods or furnitureThis by-law regulates the transportation or storage of goods on the common property. |
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Overcrowding of lotsThis by-law regulates the amount of residents per lot. |
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PetsThis by-law regulates the keeping of pets on lots or common property. |
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Restriction of useThis by-law prohibits certain activities in a lot or on common property, subject to any impact of certain legislation. |
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Security devicesThis by-law regulates the installation of security devices. |
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SmokingThis by-law regulates smoking. |
Prohibit smoking on or in either or all of:
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Storage units in car parking spacesThis by-law regulates the installation of storage devices in the car parking space of a lot. |
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Foxtel equipmentThis by-law regulates Foxtel equipment. |
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Use of common propertyThis by-law regulates the use of common property by owners or occupiers. |
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Works programThis by-law regulates the application for consent process for proposed works by owners. |
Specifies:
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Works by Owners
Works by an owner usually require some form of authorisation from the owners corporation. There is a great deal of confusion in the sector as to what form of authorisation is required. The table below provides a non-exhaustive guide in this regard.
Types of Authorisation |
Comments |
|---|---|
Standard by-law 5 contained in Schedule 1 of the Act or the Regulations |
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Section 52 by-lawConferring right of exclusive use or special privilege |
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Section 65A by-lawAuthorising improvements to common property |
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Other forms of consent |
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More Information
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This is a highly specialised area of the law and if you require further details or assistance in relation to these issues, please contact us.
Prepared by David Bannerman
and printable format click here.
