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Why are By-laws Consolidated?

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. 

What are the Requirements for Lift Compliance?

Lifts in strata buildings must comply with Australian safety standards. Regular maintenance helps meet these requirements, avoiding legal issues. See https://www.safework.nsw.gov.au/hazards-a-z/lifts-escalators-and-moving-walkways.  

 

Residents, visitors, and service providers to the building rely on lifts for convenience.  

 

Selling agents will tell you well-maintained lift enhances the value of your building and are attractive to potential buyers or tenants. Importantly, your lift must be registered annually with SafeWork NSW. 

 

If your lift is old, it is suggested you budget for its future replacement which is expensive. However, the upside is that lift technology has very much improved including artificial intelligence, digital connectivity and sensors and optimisation of energy consumption. 

 

Regular lift maintenance in strata properties in NSW is vital for safety, legal compliance, cost savings, reliability, and property value. 

Why do we need to pay for Lift Maintenance?

Regular lift maintenance in strata properties is crucial. 

 

Lifts are common property and the Owners Corporation has a statutory duty to maintain and repair them. To fail to do so is a breach of that duty and may lead to someone who is reliant on the lifts suing the owners corporation for any damages suffered as result of that breach. Look at proper maintenance and repairs as preventative medicine. 

 

The budget of the owners corporation should allow for prospective costs of the maintenance and repair.  

 

Any problems encountered with the operation of lifts should be reported to the strata committee and your strata manager and/or building manager. 

 

Appropriate signage should include the particulars of the lift provider and their phone details. The lift should have a working emergency phone. This may need to be upgraded if the lift is old to take advantage of new mobile technology. 

 

Safety of all users of the lift(s) is essential. Regular maintenance helps identify real and potential problems and minimise the risk of accidents or breakdowns. 

Can children play on common property?

Firstly, refer to your schemes by-laws and see if they deal with this issue. If they don’t then the following applies:

 

Pre-1996 Model By-laws provided children must be accompanied by an adult on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.

 

2016 Model By-laws changes the pre-1996 situation relating to children playing on common property: –

 

1. children may play on any area of common property that is designated for that purpose but must be supervised by adult when using an area designated for swimming.

 

2. children must not remain unaccompanied by an adult on common property that is a laundry, car parking or other area of possible danger or hazard to children.

Am I allowed to hang my washing on the balcony or leave my shoes or stuff outside my apartment?

Pre-1996 Model By-laws: No, unless one has written consent of the owners corporation to hang any washing, towel, bedding, clothing or other article that is visible from outside the building other than on any lines provided by the owners corporation and only for a reasonable period.

 

2016 Model By-laws: an owner or occupier may hang any washing on any lines provided by the owners corporation for a reasonable time.
Also, an owner or occupier may hang any washing (towel, bedding, clothing or other article of a similar type) for a reasonable time on any part of the lot other than over the balcony railings.

Are house rules enforceable by OC?

No, unless they are registered as By-Laws for the scheme with Land & Property Information New South Wales.