Question: Our complex has been under schedule 2 by-laws since 1978. Are we covered by the schedule 2 by-laws? Do we need to lodge these with the government, or are these by-laws automatically part of our complex?
Our block of 7 villas in Sydney is self managed. We have not updated our by-laws as we believe the schedule 2 by-laws are acceptable. A property manager who manages one of the villas has told us the tenants can do whatever they want because our scheme is not covered by any by-laws.
The complex was incorporated as a strata scheme in 1978 and has always operated under the schedule 2 by-laws. Are we covered by the schedule 2 by-laws? Do we need to lodge the schedule 2 by-laws with the government, or are these by-laws automatically part of our complex?
Answer: Schedule 2 by-laws automatically apply.
For strata schemes registered prior to 1 July 1997, the by-laws are set out in Schedule 2 of the Strata Schemes Management Regulation 2016 together with any special by-laws registered on the certificate of title for the common property. Schedule 2 by-laws automatically apply, but nothing prevents you from repealing them in their entirety and, for example, substituting them with those set out in Schedule 3 or some combination of both.
If you do a title search for your scheme, you will see that the above is automatically updated on the certificate of title (without you having to do anything).
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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