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Posted 07 April 2017
Category: Strata, By-Laws
While owners corporations are undertaking a review of their by-laws as required under the Strata Schemes Management Act 2015, owners corporations may wish to consider adopting additional by-laws that may be of benefit to their scheme.
A few of the more common by-laws that owners are adopting are set out below:
By-Laws for the management, administration, control, use or enjoyment of the lots and/or the common property | |
Brief Description | Common Inclusions |
Security and Access Keys. | Improve the security of the property by regulating the access to common property areas through the issue of security passes. This by-law can also provide for:
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Short Term Letting and Overcrowding. | Regulating or restricting the use of a lot for short term letting purposes, including:
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Alcohol Consumption. | Place restrictions on the consumption of alcohol on the common property including:
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Prohibition on Smoking. | Place restrictions on the locations where smoke can drift onto the common property. |
Hours of Use. | Regulate the hours of operation of certain common property facilities, including:
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Procedures Governing Use of Communal Garbage Facilities and Restrictions on Leaving of Goods on the Common Property. | By-law specifying the requirements on owners in relation to the placement of garbage into communal facilities and prohibiting the dumping of goods on the common property. |
Moving and Storing Goods | Ensure that the common property is adequately protected when transporting goods over the common property, including:
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Flooring. | Specify reasonable requirements in relation to the installation of flooring including:
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Pets. | Specify restrictions the owners corporation wishes to impose in relation to approving pets on the scheme, including:
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General Works. | Specify requirements that must be complied with prior to an owner undertaking works within the scheme including:
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Air Conditioning Systems. | Specify requirements that must be complied with prior to an owner installing an air conditioning unit, such as:
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Hot Water Systems. | Specify requirements that must be complied with prior to an owner installing a hot water unit, such as:
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Visitor Parking. | Govern the fair and reasonable use of common property parking spaces, including:
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Fire Safety Compliance. | Protect the fire safety of the building by ensuring that key common property fire safety items located within a lot are protected including:
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False Fire Alarm Callouts. | Pass over to a lot owner any false fire callout cost charged to the owners corporation and caused by that lot owner. |
Electronic Voting or Attendance for Meetings. | Specify means by which owners can participate in the strata scheme’s decision-making process electronically, including:
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Authorising Entry Into a Lease or License. | Authorise the strata committee to negotiate and enter into a specific licence or lease on behalf of the owners corporation. |
Noticeboard. | It is necessary for the scheme to specially resolve a by-law at a general meeting to keep and maintain a notice board In order to permit the owners corporation to serve:
by placement on that notice board. This will reduce the burden on owners corporation in relation to providing notice in the above circumstances. |
Additional “cosmetic works”. | Identify further items that the owners corporation considers to be cosmetic works (subject to the requirements of the legislation). Including:
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Delegating Authority to Strata Committee to Aprove “Minor Works”. | Authorise the strata committee to exercise the functions of the owners corporation specified under section 110 including:
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Common Property Memorandum
Brief Description | Common Inclusions |
Adoption (and limited modification of) the Common Property Memorandum. | Adoption of the Common Property Memorandum in its entirety, or amended to reflect particular differences in the strata scheme. |
Please click here for further details on Common Property Memorandum.
Brief Description | Common Inclusions |
Authorising previously unapproved works to remain on the common property and passing over repair and maintenance obligations to the owner. | Authorisation to keep the works.Requirement for certification of compliance with relevant Australian standards and requirements of relevant authorities.
Indemnities in relation to the works. |
Granting of exclusive use/special privilege and passing over repair and maintenance obligations of storage spaces in the scheme. | Identifying specific locations being granted to owners. Specifying responsibility for the ongoing maintenance and repair of these areas. |
Granting of exclusive use/special privilege and passing over repair and maintenance obligations over unallocated common property car parking spaces. | Identifying specific locations being granted to owners. Specifying responsibility for the ongoing maintenance and repair of these. |
Granting of exclusive use/special privilege in relation to a portion of the common property for garbage bin storage and the payment of a fee for additional garbage collection requirements. | Identifying a particular area of the common property for the use of specific lots (usually commercial) to use to store their garbage facilities. Provision for the waste collection requirements of local council to be met.
Provision for the waste management services to be co-ordinated by the strata managing agent and charged to the relevant lots as a debt. |
Granting of exclusive use/special privilege over courtyard areas. | Identifying specific locations being granted to owners. Specifying responsibility for the ongoing maintenance and repair of these. |
Granting of exclusive use/special privilege over roof cavity airspace. | Identifying specific locations being granted to owners. Specifying responsibility for the ongoing maintenance and repair of these. |
Granting of exclusive use/special privilege and passing over repair and maintenance obligations over common property items only servicing one lot, including:
Hot Water Units* Air Condenser Units* Garage doors* Windows Intercom Systems*
*These can also be allocated in certain circumstances by adopting the common property memorandum. |
Identifying specific items over which exclusive use or special privilege is granted. Specifying responsibility for the ongoing maintenance and repair of these. |
Granting of exclusive use/special privilege and passing over repair and maintenance obligations over the airspace where an opening is created in a common property wall between two lots to allow the lots to be used as one larger lot. | Authorisation to keep the works. Requirement for certification of compliance with relevant Australian standards and requirements of relevant authorities. Indemnities in relation to the works. |
Works By-Laws | ||
Section 108 | By-Law authorising renovation works | Authorisation of works specifying:
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***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.