Faqs

By-laws are a legislative set of rules and regulations that govern how a strata scheme or strata corporation operates. Their purpose is to regulate the behaviour and use of common property and individual lots within the strata scheme. Their aim being to maintain harmony, order, and fairness among residents.  

There are two main types of by-laws:  

1. Model By-laws provided under the Strata Schemes Management Act 2015 in New South Wales (NSW) cover common issues like noise, pets, parking, and the use of common property. 

2. Special By-laws are additional and customized by-laws which address specific issues or circumstances unique to their strata scheme.  

By-laws must be approved by a special resolution at a general meeting of the owners corporation and, once approved and registered within 12 months, they are legally binding.

By-laws may cover a wide range of issues, including noise restrictions, pet policies, smoking regulations, parking rules, renovation approvals, and more.  

All owners, residents, and visitors must comply with by-laws and non-compliance can lead to penalties or legal action.  

By-laws may be amended or repealed by a special resolution at a general meeting, provided that the changes do not contravene any relevant laws. When registered they are recorded on the common property title and become part of the legal framework of the strata scheme.   

A by-law breach occurs when rules that all residents living in a strata scheme must follow are broken. Breaches of by-laws need to be handled with care. If it is suggested there has been breach, communicate with that owner and give them an opportunity to discuss any allegation. If there is a continued violation of the by-law, the offending person should be served with a by-law notice in which the details of the allegation are set out with precision. The person receiving the notice should be given a reasonable time to comply with or rectify the breach of the by-law.  

If the breach continues after service of the notice, mediation should be considered and undertaken and an attempt made to reach a mutually acceptable solution. If that fails, an application may be made to NCAT for an order for compliance with the by-law. If an order is made, that is legally enforceable and may include fines and penalties.  

Keep written records of the enforcement process as these may be needed as evidence in the enforcement process.  

If there is a breach requiring enforcement, legal advice should be sought.  

We have separately written about by-laws. As a refresher think of by-laws as a statutory contract of rules between the owners corporation and owners and residents designed for the better running of a strata scheme.  

Consolidated by-laws are a compilation of all the by-laws in force in a strata scheme, including any amendments or changes that have been made over time. They provide a comprehensive set of rules and to cover various aspects of strata living, such as noise restrictions, pet ownership, common property usage, and more. 

In NSW, consolidating by-laws is mandatory and beneficial and convenient because all the rules are in single document. This makes it easier for residents, the strata committee, and strata managers to understand and enforce the by-laws effectively. 

We recommend you review and understand your by-laws and familiarise yourself with any changes or updates and another benefit you may find is that there is a by-law that covers your needs for example carrying out alterations, keeping pets etc.