NSW: Must older strata schemes comply with the NSW Strata Schemes Management Act 2015?

This article discusses older strata schemes compliance with the NSW 2015 legislation, explaining how the Strata Schemes Management Act applies and how by-laws can be changed.

Question: Can a majority Executive Committee vote to decide to maintain and comply with their pre-existing 2015 Strata By-laws?

1. Is it compulsory for an existing Strata, say registered prior to July 1974, to adopt or comply with the new NSW State Strata Management Act of 2015?
2. Can a majority Executive Committee vote to decide to maintain and comply with their pre-existing 2015 Strata By-laws?

Answer: No, this is not necessary as they were not changed.

1. Yes. All strata schemes, regardless of when they were registered, must comply with the current legislation, being the Strata Schemes Management Act 2015.
2. No. There are certain by-laws which apply to strata schemes which will depend on when the strata scheme was registered. Please see section 134 of the Strata Schemes Management Act 2015.

   A by-law can only be made, amended or repealed by way of a special resolution at a general meeting.

This post appears in Strata News #453.

David Bannerman
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226