Question: How do we convince all owners to obtain independent advice regarding updating our old, outdated by-laws?
How can we persuade all owners to seek independent advice on updating our outdated bylaws? Does NCAT have the authority to make an order to update by-laws? We have the original ‘no pets’ by-law in place from the 1960s, and the committee will not consider updating it, although there are plenty of pets in the building.
Answer: Put a motion on the general meeting agenda that the owners corporation has its by-laws independently reviewed.
You need to update them. Within 12 months of the Strata Schemes Management Act commencing on 30 November 2016, there was a requirement that all by-laws be reviewed because things change over time. A by-law that I pass today might not be valid in 20 years because of case law or other circumstances.
It is an excellent idea to review your by-laws. If you don’t get legal advice, go through by-law by by-law. Ask, “This one relates to parking. Do we have any parking issues? What are they? What could be a good rule to address that? What’s reasonable in this circumstance?”
Ideally, get independent legal advice, and that person giving the legal advice would then provide recommendations and, perhaps, motions to amend the by-laws.
The easiest way to get committee buy-in is to point out that if you look at your clothes from 20 years ago, you wouldn’t wear them today.
Can NCAT make an order that the by-laws have to be reviewed? Well, NCAT has broad power under Section 232 of the Strata Schemes Management Act 2015. The broad part of that power relates to settling disputes where the owners corporation has failed to exercise a function or hasn’t exercised it properly, such as a failure to review its by-laws or a failure to perform its functions. If the owners corporation has not done this within 12 months of 30 November 2015, then yes. However, NCAT would ask why you’ve waited so long to make a claim.
Place a motion on the general meeting agenda for the owners corporation to have its by-laws independently reviewed. If the motion is voted down, pick a dispute about, say, the pet’s by-law because there is very good case law around that now.
This post appears in the August 2025 edition of The NSW Strata Magazine.
Allison Benson Kerin Benson Lawyers E: allison@kerinbensonlawyers.com.au P: 02 4032 7990