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Posted 13 January 2017
Category: Strata, By-Laws
Owners corporations should regularly consider their by-laws. Additionally, as of 30 November 2016 all owners corporations are required by law to:
Some things for owners corporations to consider in a review include:
1. Unauthorised works:
Many lot owners in schemes have conducted works without the appropriate by-law, for works such as bathroom and kitchen refits, awnings, air conditioning etc. These owners corporations should consider putting in place a by-law to properly authorise the keeping of these works and to transfer the obligations of repair and maintenance to the lot owner and successive lot owners.
2. Problems with standard by-laws:
Many owners corporations have adopted standard by-laws and their inherent problems which can be improved, such as:
3. Invalid by-laws:
As by-laws are not vetted by the Department of Land and Property Information, many owners corporations have invalid by-laws and should consider obtaining advice as to whether they should be repealed.
Further, as all strata legislation was repealed and replaced effective on 30 November 2016, many by-laws contain reference to legislative provisions and requirements that no longer exist. In some cases, this may invalidate the by-laws.
4. Tailored standard by-laws:
Many owners corporations have untailored standard by-laws and should consider tailoring or amending their by-laws to suit the scheme.
5. Consolidation of by-laws
As part of the reform package a consolidated set of all by-laws is to be held by the Department of Land and Property Information (LPI) and shall be recorded on the common property certificate of title each time a new by-law is registered. There is an exception to this, but this is likely to rarely apply.
6. Steps moving forward
Owners corporations should prepare to commence a review and:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.