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?
- 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?
- 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.
- Yes. All strata schemes, regardless of when they were registered, must comply with the current legislation, being the Strata Schemes Management Act 2015.
- 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 A by-law can only be made, amended or repealed by way of a special resolution at a general meeting.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