By-laws are rules which regulate behaviour of owners, occupiers and invitees within strata or community title schemes. They enable more harmonious communities and protect the property assets.
All owners and occupiers must comply with by-laws and responsibilities under the relevant state legislation. A scheme may issue a notice to comply with a by-law, where athere has been a breach.
BCS portfolio managers are experienced in mediating where there are by-law disputes and finding resolutions within the confines of the relevant Act. We maintain close relationships with law firms specialising in the strata industry in NSW, and keep up to date with all new case law and by-law changes.
Strata schemes existing before the beginning of the Strata Schemes Management Act 1996 have their by-laws set out in Schedule 1 of the Act, along with any amendments made to those by the owners corporation. Strata schemes registered after the start of the Strata Schemes Management Act 1996, must choose and register their own by-laws.
BCS portfolio managers can assist the executive committee in either following the guidelines given in the Act Regulations, or preparing bespoke by-laws.
In September 2010, the Strata Schemes Management Regulation 2010 was introduced, which makes some amendements to the Act. Your portfolio manager can provide information on any proposed changes to by-laws in your scheme.
Owners corporations can amend or cancel any of the by-laws through special resolutions, as long as they are consistent with the requirements of the Act or any applicable law.