All You Need to Know About By- Laws in Strata Scheme

If you are living in Australia, you might have come across the strata title which is basically a model of property ownership that allows for individual ownership of certain parts of the property. While there is a by-law present in every strata scheme. These strata by-laws in Sydney defines the rules for harmonious living, whether that relates to the behaviour of residents and guests or issues regarding pets, smoking, parking, and use of the common property. 


How are these laws formed?

Within each strata scheme, by-laws are self-defined. These strata schemes are formed by the Strata Schemes Management Regulations 2016 that sets out a number which is called model by-laws, providing a framework for modern strata rules. It can be voted in, adapted or alternatively, choose not to be voted in at all by an owners corporation. For these rules to apply, a special resolution has to be passed where approval by 75% or more of those eligible to vote. Moreover, these by-laws should also meet certain restrictions and conditions, or else they are deemed invalidated by the NSW Civil and Administrative Tribunal (NCAT).

What happens when these by-laws are split?

People living within a strata scheme are committed to complying with these by-laws and may be held responsible for guests visiting them on the strata property. If anyone doesn’t follow the strata by-laws then they should be sent a Notice to Comply with a by-law by the strata committee chooses to issue one by a majority vote. 

If the same again and again then the strata committee may choose to apply to the Tribunal, which can decide to issue a financial penalty. Moreover, a strata dispute lawyer can also be called to handle this issue. 

 Read more: New to Strata Living? Know the Basics First

 Read more: Qualities That Identify a Great Lawyer

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