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How do you make or revoke a by-law?

Posted 19 May 2024

Category: By-Laws, eBooks

When a strata scheme is created, the developer lodges a set of by-laws which can be later revoked, amended or added to by the owners corporation.

For by-laws to be revoked, amended or added to they need to be passed by a special resolution at a general meeting which follows the process of:

The by-law being included as an agenda item in a general meeting.
For a major works renovation by-law the consent of the owners will be required, which is best placed in writing.
If the owners consent to a by-law is not provided or the by-law is not passed by special resolution orders can be obtained in the NSW Civil and Administrative Tribunal to revoke, amend or add to the by-laws.

A special resolution is defined in Strata Schemes Management Act 2015 as:

see link, https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050#sec.5

In this Act, a resolution of an owners corporation is a special resolution if—
1. not more than 25% are against the resolution, or (ii) if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution.
2. it is passed at a properly convened general meeting, and (b) of the value of votes cast—

Once the by-law is approved or an order is made the by-law then need to be registered for it to be effective (see FAQ 11 in the By-Law eBbook below for further details).

resource thumbnail

This is an extract from our Bannermans By-Laws FAQ eBook.

To access more FAQ'S on By-Laws fill in the below form to download our Bannermans By-Laws FAQ eBook for free.

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Bannermans Lawyers

Published 19 May 2024

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