By-Laws

Pesky parking practices by owners and occupiers can be a nightmare for strata schemes. However, this source of stress can be translated into a source of revenue for a savvy owners corporation.

Owners corporations and their managing agents are often frustrated by unwanted sex industry businesses operating within their buildings and the lack of effective solutions to this problem. The New South Wales government recently conducted reviews of the sex industry legislation and the strata legislation, but no effective legislative solution has yet been presented.

Owners corporations should regularly consider their by-laws. Additionally, as of 30 November 2016 all owners corporations are required by law to:

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.

The Strata Schemes Management Act 2015 (“SSMA 2015”) contains significant implications for certain by-laws, and may invalidate some of your current by-laws, or limit their application. If you do not act now, owners and occupiers may be able to act in manners currently banned or restricted and the owners corporation may have no enforceable by-laws to stop them doing so.

Commonly used options

Two commonly used options to enforce by-laws are:

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.

Owners corporations that existed at 30 November 2016 are required to conduct a review of their by-laws before 30 November 2017.

The NSW Government has released draft documents shedding some light on how the new legislation regulating short term lettings will work in practice. However, they pose as many questions as they answer. Further, the documents are currently being exhibited for public feedback and changes are likely.