By-laws serve as the cornerstone of community living within a strata scheme, ensuring that residents coexist harmoniously while maintaining safety and fairness for all. In essence, these rules set the standards for behavior and usage of common property within your building or complex.
The Purpose of By-Laws
Every strata scheme has its own set of unique by-laws, meticulously crafted by the owners corporation, formerly known as the body corporate. These rules are designed to address specific needs and concerns within the community, providing a framework for responsible living and respectful interaction among residents.
Understanding Common By-Laws
Among the most prevalent by-laws encountered in strata living are those pertaining to pets, smoking, short-term rental accommodations (such as Airbnb), parking, and noise. These rules are put in place to address common issues and promote the well-being of all residents within the strata scheme.
The Strata Schemes Management Regulation 2016 provides model by-laws, which are sometimes adopted directly or more commonly serve as a foundation for customising specific rules tailored to the community's needs.
1. Vehicles
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.
2. Changes to Common Property
3. Damage to Lawns and Plants on Common Property
4. Obstruction of Common Property
5. Keeping of Animals
6. Noise
7. Behaviour of Owners, Occupiers and Invitees
8. Children Playing on Common Property
9. Smoke Penetration
10. Preservation of Fire Safety
11. Storage of Inflammable Liquids and Other Substances and Materials
12. Appearance of Lot
13. Cleaning Windows and Doors
14. Hanging Out of Washing
15. Disposal of Waste - Bins for Individual Lots
16. Disposal of Waste - Shared Bins
17. Change in Use or Occupation of Lot to be Notified
18. Compliance with Planning and Other Requirements
Compliance and Enforcement
Compliance with by-laws is vital for fostering order and harmony within the community. Breaches of these regulations can incur penalties from the owners corporation or, in severe cases, intervention from the NSW Civil and Administrative Tribunal (NCAT). By upholding the by-laws and respecting the rights of fellow residents, individuals contribute to a positive living environment for all.
In the event of a breach, it's essential to refer to the specific rules outlined in your strata scheme's by-laws. This initial step clarifies community expectations and boundaries. If a violation is suspected, initiating informal resolution through direct communication is often the first step. This collaborative approach aims to address issues amicably.
If informal attempts fail, a more structured approach may be necessary. The owners corporation or strata committee may issue a formal warning outlining the nature of the violation and required actions. If the breach persists, a notice to comply may be issued, specifying remedial measures and timelines. Mediation may be recommended to facilitate dialogue and resolution.
Escalating unresolved breaches to the NCAT may be necessary, it has the authority to issue fines of up to $1,100 for breaches. Repeat offenses may incur fines up to $2,200, with failure to comply leading to fines of up to $5,500. Seeking NCAT intervention ensures impartial adjudication and appropriate penalties if warranted.
Introduce New or Change By-Laws
To propose or amend a by-law in a strata scheme, follow these steps:
Write Proposal and Gather Support: Draft your proposed change and discuss it with other owners to gain support.
Draft the By-law: Write the proposed by-law, ensuring clarity and legality. Consider hiring a lawyer if needed.
Prepare Motion and Explanatory Note: Create a motion for the general meeting agenda, including an explanatory note detailing the proposed change.
Submit Documents: Send the by-law, motion, and explanatory note to the owners corporation's secretary before the meeting notice is issued.
Vote at the Meeting: Discuss and vote on the new by-law at the meeting. Approval requires a special resolution with no more than 25% of votes against.
Register with NSW LRS: Within six months of approval, register the by-law change with NSW Land Registry Services using the consolidation/change of by-laws form. Submission must be made online by a qualified individual.
In traversing the intricate landscape of strata living, Compass Strata stands as your steadfast guide, assisting owners in comprehending existing by-laws, ensuring adherence to established ones, and facilitating the process of proposing and implementing new by-laws when needed.
With our expertise and dedication to empowering owners, we strive to foster harmonious and thriving strata communities where residents' voices are heard and their rights upheld. Trust Compass Strata to navigate the complexities of by-law management, allowing you to focus on enjoying the peace and security of your strata living experience.
