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When should and why do strata schemes review and amend by-laws?

Posted 20 May 2024

Category: By-Laws, eBooks

As to timing, owners corporations should consider a review and update of their by-laws following: As to why the by-laws should be reviewed and updated:

  1. any strata law reform which occurs in the last few years occurs twice a year, frequently around March
  2. following any major renovations conducted by an owner.

As to why the by-laws should be reviewed and updated:

  • when the law changes, changes to the by-laws do not follow the changes rendering many existing by-laws no longer valid from the commencement of that law. For instance in December 2023 assuming the propose Strata Scheme Management Amendment Bill 2023 law passes and commences, pet by-laws seeking a bond or fee or insurance for an animal will be invalidate the by-law; and
  • if an owner has undertaken unauthorised works the owners corporation remains liable for common property works and the owner could be subjected to notices to comply, penalties or orders in the NSW Civil and Administration Tribunal.
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This is an extract from our Bannermans By-Laws FAQ eBook.

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Bannermans Lawyers

Published 20 May 2024