Setting Up or Changing By-Laws (NSW)
I want to set up By-Laws for a new strata scheme or change existing By-Laws? In most states you adopt standard By-Laws and then add additional rules that best suit your property. Remember your By-Laws must not be inconsistent with the Act governing strata schemes and body corporates in your State or any law. To get assistance you can consult a solicitor. In NSW By-Laws can be changed by “Special Resolution” at a general meeting of the owners’ corporation. A Special Resolution requires 75% or more to vote in favour. Once passed the new approved By-Laws must be registered with the Land & Property Management Authority. There is no ‘mandatory’ set of By-Laws. Some model by-laws are set out in legislation, others are set by the original developer of the scheme. By-laws can be made or changed to meet the needs of all owners and to assist with the running of the scheme. The NSW government has suggested some model By-Laws for owners to consider and they’re really good.