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Posted 10 February 2016
Category: Strata, By-Laws
The new strata laws will make a number of significant changes to the making and enforcement of by-laws. The commencement date is 30 November 2016 and investment property owners need to be getting ready for the changes.
An owner of an investment property that’s a strata unit has an interest in ensuring the building has appropriate by-laws and that they’re properly enforced.
Key issues for investment property owners include:
The changes to the types of by-law that can be made are not earth shattering. There have been changes to the default model by-laws, but these need not be adopted and can be changed. There have been some additions to the range of permitted by-laws, e.g. a by-law limiting occupant numbers is permissible.
The changes to the enforcement mechanisms are far more important. These will be streamlined and penalties will be significantly increased, making it much more practical to enforce compliance with by-laws.
Owners need to take a proactive approach to this issue. They should review the by-laws for their building and if they are deficient or not being adequately enforced, they should consider consulting with other owners, with a view to convening a general meeting to make changes.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (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.