To answer this question you must know the date of registration of the plan which is found on Sheet 1 of the registered strata plan. A copy of the registered strata plan can be purchased from NSW LRS’ approved information brokers.
When your strata scheme was registered, the by-laws which apply to your strata scheme are recorded in the second schedule of the folio of the common property together with any recorded changes (amendments, additions or repeals) to those by-laws. When searching the Certificate of Title for the common property for registered changes of by-laws, you should obtain a search of the ‘Register’ as held by the Registrar General. It is possible that not all changes of by-laws are recorded on the actual Certificate of Title as held by the owners corporation.
A copy of the folio of the common property, the common property by-laws applying to the strata scheme and any registered changes of by-laws, and consolidated versions of by-laws can be purchased from NSW LRS’ approved information brokers.
For strata schemes where the plan was registered prior to 1 July 1997
The by-laws are set out in Schedule 2 of the Strata Schemes Management Regulation 2016 together with any change of by-laws registered on the Certificate of Title for the Common Property.
For strata schemes where the plan was registered on or after 1 July 1997 but before 30 November 2016
The by-laws adopted by or lodged with the strata scheme are as nominated on the strata plan. The folio for the Common Property will bear a notification in the second schedule referring to the nominated by-laws as well as any registered change of by-laws.
If a set of model by-Laws (e.g. residential schemes/industrial schemes) have been adopted, the folio of the common property will also indicate which set of by-laws have been adopted.
Model by-laws which govern strata schemes that came into existence on or after 1 July 1997 are as follows:
Where applicable, the folio will also indicate which option in relation to the keeping of animals has been selected.
For strata schemes where the plan was registered on or after 30 November 2016
The by-laws adopted by or lodged with the strata scheme are as nominated on the strata plan. Schedule 3 Strata Schemes Management Regulation 2016 provides model by-laws for residential strata schemes which may be adopted. Where the model by-laws have been adopted, the folio of the common property will indicate which option in relation to the keeping of animals and smoke penetration has been selected.
The folio for the Common Property will bear a notification in the second schedule referring to the nominated by-laws as well as any registered change of by-laws.
Consolidation of By-laws
With the commencement of the Strata Schemes Development Act 2015, any change of by-law must be lodged in the form of a consolidated version (see clause 24 Strata Schemes Development Regulation 2016). This will ensure the folio for the common property is more concise and that all by-laws (those adopted by or lodged with the strata scheme, together with any changes to those by-laws) affecting the strata scheme are available in one readily accessible instrument. See Consolidation of By-Laws.