This question came in from a SA Lot Owner asking how to change strata bylaws SA. Alice Rogers, Ace Body Corporate Management provides the following response.
Question: I have been asked to contact you to see how we go about changing some of the strata bylaws SA.
I am on the committee for a community title with 120 houses based in South Australia.
We had a committee meeting recently, and I have been asked to contact you to see how we go about changing some of the bylaws.
Do you have any information that I can advise members at our next meeting?
Answer: All communities should review their bylaws to make certain they encompass the corporation requirements and are tailored to fit the dynamic of the property.
This is a very relevant question and nowadays it is imperative that a corporation has a firm set of bylaws in place to ensure the standards of the community are being upheld. All communities should review their bylaws to make certain they encompass the corporation requirements and are tailored to fit the dynamic of the property.
In order to vary the corporation strata bylaws SA, the decision must pass by special resolution at a properly convened meeting (being an Annual General Meeting or an Extraordinary General Meeting).
A special resolution passes when no more than 25% of possible votes cast are dissenting votes (if any). It is important to note that a management committee alone does not have the power to authorise this.
As bylaws are not legally binding until they have been lodged with the Lands Titles Office, it is recommended that the corporation engage a reputable conveyancer to undertake this. Conveyancers have the necessary expertise to prepare the appropriate documents and application forms required.
If you haven’t already, you may also like to consider adopting a bylaw at the same time which enables the corporation to financially penalise owners up to $500 should they fail to adhere to the rules. This can be a very effective way to ensure harmonious living within your community.
This post appears in Strata News #139.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.