This article discusses whether the 2016 NSW model strata by-laws replacement automatically applied to existing schemes.
Question: When the model strata by-laws were introduced with the new NSW strata legislation in the 2016 Act, did they automatically replace our old by-laws?
Minutes from our 2017 AGM show we voted to accept the by-laws as registered for the scheme.
When the model strata by-laws were introduced with the new NSW strata legislation in the 2016 Act, did they automatically replace our old by-laws registered in 2003?
Answer: To activate the new by-laws set out in the 2016 Regulations, you need to repeal the existing by-laws and pass the Schedule 3 model by-laws.
If a scheme was registered before 1 July 1997, the by-laws are automatically superseded to those set out in Schedule 2 of the Strata Schemes Management Regulation 2016.
Any model by-laws under the regulations of 1997, 2005 and 2010 remain in their existing form. To activate the new by-laws set out in Schedule 3 of the Strata Schemes Management Regulation 2016, you need to repeal the existing by-laws and pass the Schedule 3 model by-laws (which include new items such as smoke drift etc).
This post appears in Strata News #630.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440