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?
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 A by-law can only be made, amended or repealed by way of a special resolution at a general meeting.
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David Bannerman, Principal, established the firm in 2007 as a sole practitioner under the business name Bannermans Lawyers. The firm provides high quality specialist legal services to the strata, development, construction and insurance industries in so far as they all interconnect with strata and community schemes. It is Sydney’s leading strata law firm, employing over 50 staff, including 26 highly skilled lawyers. Bannermans acts primarily for owners corporations and strata managers, but also has many builder, developer and insurer clients.
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