This article about the tips and traps for Strata Managers when completing and executing change of by-law documents has been supplied by Michela Alesse and Allison Benson, Kerin Benson Lawyers.
Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general guide to assist strata managers in completing the forms required to be lodged.
When changing or consolidating by-laws electronically the following executed forms will need to be lodged:
- change of by-laws form;
- an authorisation form permitting documents to be lodged electronically via PEXA;
- a certificate stating that the initial period of the scheme has expired if a certificate has not previously been registered,
and, in addition, the certificate of title for the common property needs to be provided.
Here are some tips to keep in mind when completing and executing the above documents:
- The documents to be filed need to be printed single sided and in black and white.
- Most sections of the documents will be completed by Kerin Benson Lawyers however there are some sections that you are required to complete. You should also review the completed details to ensure they are correct.
- For the change of by-laws form (Form 15CH):
- complete section (G) by affixing the seal of the Owners Corporation, dating and having an authorised member of your team sign and print their name and authority; and
- affix the seal of the Owners Corporation and sign on the first and last pages of the consolidated by-laws annexed to the Form 15CH or as directed. If the new by-law to be registered includes plans, affix the seal and sign each page of the plans.
- If there is more than one by-law to be registered and the by-laws were passed at different general meetings, the strata manager will need to handwrite the dates of the meetings under section (C) and initial next to it.
- For the certificate of the initial period expiring (approved form 10):
- strike through the lines as indicated after confirming it is correct.
- affix the seal of the Owners Corporation and have an authorised member of staff sign, and print their name and authority as indicated.
- insert the strata plan number and the date the seal was affixed as indicated.
- For the authorisation form:
- sign at the place indicated, and insert the date, your name and your capacity (strata manager).
- A dark blue or black pen should be used to execute the forms.
- The seal should be clearly visible and should not be smudged or be cut off by the edges of the page.
Once the documents have been completed and executed, you will need to post the originals to us together with the original certificate of title for the common property so we can proceed to lodge the documents electronically.
We strongly recommend that you scan and email all completed and executed documents to us to confirm all is in order before posting the original forms to prevent unnecessary delays.
Please note: This is not intended to be legal advice. You should seek legal advice specific to your situation.
This post appears in Strata News #454.
Have a question about the tips and traps for Strata Managers when completing and executing change of by-law documents or something to add to the article? Leave a comment below.
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This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer website.
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