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NSW: Who is responsible for registering and updating strata by-laws after changes?

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Question: Our scheme made changes to the by-laws. No changes have been registered. A number of lots have been sold with incorrect by-laws attached. Who is responsible?

Our scheme approved two new by-laws, changed a by-law and deleted a by-law, but none of these changes have been registered.

Since the changes, five units have been sold, and at least three leases have been changed, all with the incorrect by-laws attached to the sale and lease contracts.

Who is responsible for registering the by-laws? Who is responsible for ensuring the correct by-laws are attached to legally binding contracts?

I have raised this problem with the strata manager and at the AGM, but no one is interested in fixing it.

Answer: An owners corporation has 6 months to register the by-aw from when the by-law is passed.

The by-laws for a strata scheme are basically a contract binding the owners corporation, owners, occupiers, mortgagees and covenant chargees. While the secretary of the owners corporation must keep a consolidated, up-to-date copy of the by-laws for the scheme, it may not be the appointed or delegated secretary’s fault that there are errors and omissions in the by-laws and other parties may have been involved.

Given the important legal significance of the by-laws, the strata committee, by itself or through its lawyers, should undertake an audit of the by-laws, determine which ones have been omitted and remain unregistered and take steps to regularise same. The owners corporation can then re-pass any lapsed or omitted by-laws at a general meeting and ensure all correct consolidated by-laws are registered with the Registrar-General. An owners corporation has 6 months to register the by-aw from when the by-law is passed.

The owners corporation should seek legal advice on the process because if any exclusive use/works by-laws were once registered but are now omitted and the affected lots have changed hands, the new owners will need to consent to the re-passing of the by-laws and such consent may not be forthcoming.

This post appears in the May 2025 edition of The NSW Strata Magazine.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

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About Leanne Habib, Premium Strata

Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.

As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.

Leanne is a regular contributor to Lookupstrata. You can take a look at Leanne’s articles here .

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