What is a “by-law”?

By-laws are:

1. enforceable rules that bind owners and occupiers in a strata scheme,
2. which are registered at Land Registration Services NSW,
3. which cannot be inconsistent with the law or by-laws contained in higher umbrella statements, such as, community management statements for the strata scheme, and
4. which can only be enforced in the NSW Civil & Administration Tribunal or appellant courts or Supreme Court of NSW.

What are the typical by-laws that strata schemes usually adopt?

These are some of the most frequently adopted by-laws by owners corporations:

• Keeping of pets.
• Restrictions on smoking.
• Work program by-law for renovation works.
• Prohibition of short-term rental agreements.
• Delegation of authority for minor renovations.
• Renovation by-laws.
• Restrictions round hard surface floor covering by-laws.
• Moving and storage of goods or furniture.
• Installation of EV chargers and solar panels.

What is the way to enforce a by-law?

Two commonly used options to enforce by-laws are:

• Owners corporations can issue a notice to comply under section 146 of the Strata Schemes Management Act 2015 followed by a penalty application for proceedings in the NSW Civil and Administrative Tribunal. The penalty range is $1,100 to $11,000 depending on the type of by-law and weather there is a repeated breach. The penalty is payable to the owners corporation.
• Alternatively, owners corporations or owners can seek mediation at Fair Trading to reach agreement and if a suitable agreement cannot be reached an application for orders to prevent breach in NSW Civil and Administrative Tribunal.
• Where urgent considerations apply owners corporations apply or owners can seek interim orders like an injunction can be applied for in the NSW Civil and
  Administrative Tribunal.