Where any notification of a change in the by-Laws is lodged for recording, the change must be lodged in the form of a consolidated version that incorporates the change: see clause 24 Strata Schemes Development Regulation 2016. This requirement ensures the folio for the common property concisely records in a single and readily accessible instrument all of the by-laws that affect the scheme.
The consolidated version is to be an annexure to the approved Consolidation/Change of By-Laws dealing form (Form 15CH). A consolidated version of the by-laws may be lodged independently of any change to the by-laws, using the same form, suitably modified. The consolidated version must comply with the following guidelines:
- A consolidated version of by-laws must incorporate the change being made to the by-laws, if any.
- A consolidated version must include those by-laws lodged with (referred to as ‘developer by-laws’ or ‘strata by-laws’) or adopted by (Model By-laws) the scheme when the strata plan was registered, together with any changes made to those by-laws. The text of the by-laws must be fully set out.
- The consolidated version should:
- omit all by-laws that have been previously repealed,
- include all by-laws that have been previously added,
- include all other by-laws as previously amended, and
- retain the numbering attributed to each by-law when it was created, or
- set out in some other way that lists the by-laws that currently affect the strata scheme in a clear and logical manner.
Note: It is not acceptable to annex previously registered Change of By-Laws forms as if it is a consolidated version. However, it may be permissible to attach the annexure sheet of a previously registered Change of By-Laws form containing the relevant by-law provided the consolidated version otherwise complies with the requirements set out above.
- Where a by-law has been passed adopting, with or without modification, the Common Property Memorandum (prescribed by the Strata Schemes Management Regulation 2016), the adopting by-law must be included in the consolidated version. The Common Property Memorandum must be attached to the consolidated version.
- Every subsequent change made to the by-laws will require a new consolidated version to accompany the Consolidation/Change of By-Laws form.
When preparing the consolidated version, care must be given to ensure the list is complete and accurate. The Registrar General will not examine or otherwise authenticate the consolidated version against existing recordings on the common property folio.
The Registrar General may waive the requirement to lodge a consolidated version (see clause 24(3) Strata Schemes Development Regulation 2016). A letter setting out the circumstances must accompany the dealing for assessment by the Registrar General.
What happens to current notifications?
Once recorded, all current notifications of by-laws appearing on the common property folio will be removed and the folio of the Register will be updated to refer to the consolidated version.