Setting Up or Changing By-Laws (VIC)

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 Victoria By-Laws can be changed by “Special Resolution” at a general meeting or postal ballot of the owners’ corporation. Make sure your notice calling the meeting or postal ballot is sent out at least 14 days in advance and includes agenda items covering. A Special Resolution requires 75% or more to vote in favour.

The postal ballot is counted at a specially convened Committee Meeting. If at least 50 per cent of votes were in favour of the new rules, an interim special resolution is passed. A notice of interim special resolution and minutes of the meeting must be sent to all lot owners within 14 days of the close of the ballot.

The decision can only be acted on after 29 days, if no petition representing more than 25 per cent of lot entitlements has been received. If the secretary receives a petition before the deadline, the special resolution fails and the rules are not adopted.

Your owners’ corporation must lodge a copy of the consolidated rules with Land Victoria together with a completed Land Victoria form (signed by the owners’ corporation secretary) and a fee. If the rules are not registered with Land Victoria, the rules are void and not enforceable.