Strata By-law legislation

An Owners Corporation may, pursuant to a special resolution, change (amend, repeal or add) the by-laws pursuant to the following provisions:

s. 136 Strata Schemes Management Act 2015 - An owners corporation may make a by-law in relation to the management, administration, control use or enjoyment of the lots or the common property of a strata scheme. A special resolution is required and the initial period need not have expired.  It cannot create rights of exclusive use and enjoyment of, or special privileges in, respect of common property - see Sections 142 and 143 of the Strata Schemes Management Act 2015.

Ss 142 and 143 Strata Schemes Management Act 2015 - An  owners corporation may make or change a “common property rights by-law”, with the written consent of the owner and by passing a special resolution.  The owner’s consent need not be furnished to NSW LRS.  This by-law confers on an owner rights of exclusive use and enjoyment of, or special privileges in respect of, common property. It must express whether the owners corporation or the owner is responsible for the maintenance of the common property: section 144. The initial period must have expired.

s. 107 Strata Schemes Management Act 2015 - An owners corporation may make a by-law, by passing a special resolution, adopting a common property memorandum prescribed by the Strata Schemes Management Regulation 2016. By-laws may modify the common property memorandum in accordance with s. 107.  

s. 108 Strata Schemes Management Act 2015 - An owners corporation may make a by-law, by passing a special resolution, allowing an owner of a lot to take action which adds to, alters or erects a new structure on common property in accordance with s. 108. Where the by-law provides for the ongoing maintenance of the common property by the lot owner, the written consent of that lot owner is required. The owner’s consent need not be furnished to NSW LRS.

s. 109 Strata Schemes Management Act 2015 - An owners corporation may make a by-law, by passing a special resolution, specifying additional matters to be “cosmetic work” that an owner may carry out to common property without the approval of the owners corporation, other than those already referred to in s. 109(2).  

s. 110 Strata Schemes Management Act 2015 - An owners corporation may make a by-law, by passing a special resolution, specifying additional work to be “minor renovations” that an owner can make to common property (which will only require the approval of the owners by ordinary resolution and not a special resolution) other than those already referred to in s. 110(3). Also, a by-law may be made permitting the owners corporation to delegate its functions under s. 110 to the strata committee.

s. 137 Strata Schemes Management Act 2015 - An owners corporation may make a by-law , by passing a special resolution, limiting the number of adults who may reside in a lot by reference to the number of bedrooms of the residence (but subject to the conditions set out in s. 137). The initial period need not have expired.  

s. 139(3) Strata Schemes Management Act 2015 - An owners corporation may amend or repeal an order of the NSW Civil and Administrative Tribunal that has the same effect as a by-law, by passing a unanimous resolution. In the case of a leasehold strata scheme, the consent of the lessor of the scheme is also required.

Clause 15 Schedule 4 Strata Schemes (Freehold Development) Act 1973 confirms rights of exclusive use and enjoyment of, or special privileges in respect of, common property where such rights were in existence before 1 July 1974. The new by-law must indicate how it may be amended, added to or repealed. The initial period need not have expired.

s. 54 Community Land Management Act 1989 provides for the change of by-laws of a strata scheme within a Community Title scheme.

Restrictions on by-laws. Restrictions on the matters that by-laws may provide for are set out in section 139 Strata Schemes Management Act 2015.