On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

How is a new by-law for a Strata Scheme created?

The Owners Corporation can change (amend, repeal or add) existing by-laws. Most by-laws can be changed or created by the owners corporation if a special resolution is passed pursuant to section 141 Strata Schemes Management Act 2015.

Notification of any change of by-law must be lodged with the Registrar General not more than 6 months after the passing of the special resolution to make the by-law. This can be done by lodging a 'Consolidation/Change of By-Laws' dealing form for recording on the common property folio. The approved 'Consolidation/Change of By-Laws' dealing form contains a certificate of the Owners Corporation which should be completed by inserting the Strata Plan number, the date on which the resolution was passed and the relevant section of the Strata Schemes Management Act 2015 under which the by-law was made.

The change of by-law must be incorporated in a consolidated version of the by-laws affecting the strata scheme which forms an annexure to the ‘Consolidation/Change of By-Laws’ dealing form. See clause 24 Strata Schemes Development Regulation 2015 and Consolidation of By-Laws.

A consolidated version of a strata scheme’s by-laws must:

  • be uploaded as an attachment
  • incorporate the change being made to the by-laws (if any), and
  • include those by-laws lodged with the strata plan (referred to as ‘developer by-laws’ or ‘strata by-laws’) or adopted by the strata scheme when the strata plan was registered (referred to as model by-laws), together with any changes made to those by-laws. The text of the by-laws must be fully set out to comply with clause 24 Strata Schemes Development Regulation 2016.

NOTE: To be effective the Change of By-Law must be recorded and a notification entered on the folio of the Register for the Common Property.

NOTE: Where a new or amended by-law confers exclusive use of common property or allows special privileges in respect of common property (a ‘common property rights by-law’), the written consent of the owners benefited must be obtained in addition to the special resolution of the Owners Corporation.

NOTE: An Owners Corporation cannot change or create a by-law, which confers a benefit or imposes obligations on some, but not all, of the owners during the initial period for the scheme (see section 140(1) Strata Schemes Management Act 2015).

NOTE: There are restrictions on the matters on which by-laws can be made. For example a by-law cannot prohibit the keeping of an assistance animal from a scheme nor can children be prevented from occupying a lot within the scheme (see section 139 Strata Schemes Management Act 2015).
For legislation regarding the changing of by-laws see Sections 133 to 145 inclusive Strata Schemes Management Act 2015.
For further information see By-laws.

Publication Date: May 2024