New by-laws can be changed, or even created, by the Owners Corporation provided they’re acting in the interest of the better enjoyment/management of the Strata Scheme. These changes or creations must take place at a ‘duly convened’ general meeting of the Owners Corp. Changed by-laws must be passed to the Registrar General’s Office. It’s as simple as obtaining a “Change of By-Laws’ form, which will then be approved and will contain certificate of the owners Corporation- then completed by inserting the Strata Plan Number. Following this the date that the change/resolution was passed and the relevant section of the Management Act that the Strata Scheme by-law was made.

Every single by-law is given a numerical value- and any additional by-law following that one should be numbered in a consecutive (more often ascending) order. The terms need to be explicitly detailed and exceptionally clear to all parties concerned. The common seal of the Owners Corp must be affixed.

You then need to deliver this to the LPI located at Queens Square Sydney. You will need to lodge it and the scheduled lodgement fee is payable upfront.

The Certificate of Title for the Common Property in the strata scheme should always accompany the dealing at lodgement.

These forms (and their instructions) are always available online.

Notes directly from the Land and Property Information section of NSW government;

A Change of By-Law cannot be lodged for registration more than 2 years after the passing of the resolution for the change.

To be effective the Change of By-Law must be registered and a notification entered on the Certificate of Title for the Common Property.

Where a by-law confers exclusive use of common property or allows special privileges in respect of common property the written consent of the owners benefited must be obtained in addition to the special resolution of the Owners Corporation.

An Owners Corporation can not 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.

A by-law can not prohibit guide dogs or hearing dogs from a scheme nor can children be prevented from occupying a lot within the scheme (see s 49 of the Strata Schemes Management Act 1996).

***The information contained in any article or post is general information only and not legal advice. The currency, accuracy and completeness of these articles (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

The post Changing or Creating Bylaws appeared first on Building Bylaws.

Scenario:

“I am being slowly driven out by my neighbour’s dog’s barking. I live in a first-floor apartment in a block of four. My neighbour and I share a small balcony that leads to stairs into the courtyard downstairs. She owns a dog that she insists on leaving outside all day on the shared area. This means I have to negotiate the dog whenever I need to go downstairs. Also, the dog is hypersensitive to any movement from people nearby. Over three years I have offered my neighbour ways in which she might train the dog, including at one stage offering to pay for a trainer. She insists that the dog is just guarding us all and that he is ‘getting better’ I am at the end of my tether with this. It is impossible to talk to her any more as she is completely oblivious to the effect this dog is having on my life. I love my apartment but I am close to breakdown with this constant barking.”

-Writes ‘Dog Dodger’ on the ‘Flat Chat’ online forum.

Pets are a common issue among flat owners, especially those in close proximity to one another, and they can often lead to the total breakdown of flat owner relationships. In the ‘Dog Dodger” situation, even if the dog doesn’t violate current by-laws attached to the block of flats, they may still have grounds for having the dog removed.

As per Section 151 of the Strata Act, an adjudicator can order an animal removed if it “causes a nuisance or hazard to the owner or an occupier of another lot, or unreasonably interferes with the use and enjoyment of another lot, or of the common property”.

Not to mention that the animal may be in violation of by laws that restrict animals from being left alone on common property, and in this case, may even possibly come under local council orders.

By-laws are hard to navigate, and even harder to circumvent. That’s why you should always speak to an experienced professional about your options.

***The information contained in any article or post is general information only and not legal advice. The currency, accuracy and completeness of these articles (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

The post Pets and Neighbours – Bylaw Resolutions appeared first on Building Bylaws.

Once again, the long awaited reform of the present Strata Law has been delayed until the latter part of 2016, after it was delayed last year for 6 months and due to be finalised in June this year.

Some of the new changes are to be aimed at accommodating the modern age, and will include such items as allowing notices to be served via email and allowing meetings (and voting) to be conducted via electronic services such as Skype.

According to Fair Trading NSW, changes to the Bylaw reform are being devised using a “common sense approach”, resulting in good news for owners. Owners will no longer need to request permission from the Owners Corporation in order to make cosmetic changes to their property for simple things such as installing picture-hooks. Tight requirements for minor and major renovation requests will also ease with the new laws in place.

On the flipside, many of the existing penalties will become harsher, with some fines being increased to double the current rate.

Be prepared for a lot reading when the new changes are released later in the year.

***The information contained in any article or post is general information only and not legal advice. The currency, accuracy and completeness of these articles (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

The post NSW Strata Law Reform Delayed Again appeared first on Building Bylaws.