This article dealing with model bylaws has been provided by Madison Marcus Law Firm.
The Strata Schemes Management Regulation amendments received Royal Assent and most of the amendments have effect from 30 November 2016.
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The following amendments to the regulation change the model by-laws proposed for a strata scheme building. All existing schemes are now required to review their by-laws and ensure that they are valid.
Changes to the Model bylaws
The amendments to the regulation include proposed model bylaws which will only become binding on a strata scheme if adopted (either wholly or partly) by the owners corporation. The updated model by-laws differ from the model by-laws under the old legislation, in the following (limited) ways:
Smoking in lots – Owners or guests of owners must ensure that if they smoke cigarettes (or other tobacco products) or any other substances in their unit, that the smoke does not penetrate the lot of another owner. This would appear to suggest that an owner may smoke in their unit, but only inside the unit (ie not on a balcony) and only if the smoke does not escape from the unit and go into another unit.
Smoking in common property – The proposed by-laws provide certain options to owners corporations for smoking in common property areas, those being:
- banning smoking altogether from the common property; or
- allowing the scheme to have a designated smoking section located on common property.
Keeping of pets
The proposed by-laws make it easier for owners of pets to keep a pet in their lot. The by-laws propose two options which may be adopted by an owners corporation, those being:
- the owner to give the owners corporation notice of the pet in their lot; or
- the owner to seek approval from the owners corporation (which cannot be reasonably withheld) to keep the pet in their lot.
Review of by-laws
The new law requires existing owners corporations to review their by-laws. The purpose of the review is for all owners corporations to ensure that their existing by-laws comply with the new laws. The review of the existing by-laws must be completed prior to 30 November 2017.
Madison Marcus are able to assist with your review of existing and new by-laws.
This post appears in Strata News #110.
If you have any questions regarding any of the Strata Scheme Amendments or you would like further information about strata law, please contact the authors of this article:
Group Managing Director
P: +61 2 8022 1222.
This article first appeared on the Madison Marcus Law Firm website.
Madison Marcus Law Firm produced this article. It is intended to provide general information in summary form on legal topics, current at the time of first publication. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.
Are you interested in more information about model bylaws or information particular to strata legislation in NSW? Visit our FactSheets: Strata Law Reform, FactSheets: By-Laws and Legislation OR FactSheet: Strata Legislation NSW pages.