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Feature Strata Rules and ByLaws Article
Allison Benson, Kerin Benson Lawyers
Nov 2016: Many lot owners, particular those in older strata schemes, do not know what strata rules and bylaws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme, this record may not always be accurate.
Australian Taxation Office (ATO)
New South Wales
Strata Schemes Management Act 2015 No 50 commenced on 30 November 2016.
An Act with respect to the management of strata schemes and disputes related to strata schemes and other matters; and to repeal the Strata Schemes Management Act 1996.
Strata Schemes Management Regulation 2016 commenced on 30 November 2016.
Strata Schemes (Freehold Development) Act 1973 No 68 and Strata Schemes (Leasehold Development) Act 1986 has been repealed by the Strata Schemes Development Act, 2015 NO 51 (NSW) (SSDA 2015)
The SSDA regulates among other things:
- the implementation of strata plans of subdivision, the subdivision of land into cubic spaces and the creation of titles thereto; and
- requirements for the issue of strata certificates by local councils or by accredited certifiers; and
- variation, termination and renewal of strata schemes.
The SSDA further amends and/or legislation including the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956, the Real Property Act 1900, the Land Tax Management Act 1956.
The Strata Schemes Development Regulation 2016 is enacted under the SSDA 2015. It commenced on 30th November 2016 and provides for the implementation and administrative detail required for matters including:
- the issuance of strata certificates,
- lodgement of plans eg strata plan of subdivision with the Registrar General
- collective sale or redevelopment of strata schemes
- payment of fees
- prescribed form and content of plans, administration sheets and schedules of unit entitlements.
An Act to provide for the management of community schemes, precinct schemes and neighbourhood schemes established by the subdivision of land under the Community Land Development Act 1989; and for other purposes.
An Act to facilitate the subdivision and development of land with shared property; and for other purposes.
An Act to provide for the regulation of property, stock and business agents.
An Act to amend the Strata Schemes Management Act 1996 with respect to the installation of child window safety devices.
See Strata Schemes Management Act 2015 No 50 Section 118: Window safety devices—child safety
Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.
Frequently asked questions are based on model by–laws provided under the Schedule 2 of the Strata Schemes Management Regulation 2010.
What you need to know about living in your strata community.
Applications can be made by lot owners, owners corporations and occupiers concerning strata, community and neighbourhood scheme disputes. Parties must generally attempt mediation before lodging an application.
- Strata Application Consumer and Commercial Division | Strata List
- Strata Application for Interim Orders Consumer and Commercial Division | Strata List
- Notice of Appeal | NCAT Internal Appeal Panel
- Reply to Appeal | NCAT Internal Appeal Panel
- Application for Stay of Original Decision Pending Appeal | NCAT Internal Appeal Panel
- Notice to Comply With a By-law
Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.
NSW Young Lawyers Animal Rights Committee
Whether you can keep your pet in the strata scheme depends on the terms of the By-laws which apply to the scheme.
Cancer Council NSW
Why choose smoke-free apartments?
An Act providing for the establishment and administration of community titles schemes, and for other purposes.
Available to schemes of six lots or less.
Suitable for predominately investment owners who let their lots.
Suitable for business premises.
Suitable for predominantly resident owners.
Body corporate governance issues: Strata Rules and Bylaws, debt recovery and scheme termination
The Office of the Commissioner for Department of Justice and Attorney-General, Queensland Government is the regulator for strata and community title in Queensland. Their site provides a wide variety of information about strata & community title in Queensland including:
Providing information about
- Dispute Assistance
- RTA Resources
- Fact sheets
- The Residential Tenancies and Rooming Accommodation Act 2008
Department of Housing and Public Works
The purposes of this Act are to —
(a) set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and
(b) regulate the management of and dealings with common property and the constitution and operation of bodies corporate.
The purposes of this Act are —
(a) to provide for the management, powers and functions of owners corporations; and
(b) to provide for appropriate mechanisms for the resolution of disputes relating to owners corporations; and
(c) to amend the Subdivision Act 1988 in relation to the creation of owners corporations.
The objective of these Regulations is to prescribe —
(a) the classes of prescribed owners corporations for the purposes of the Owners Corporations Act 2006;
(b) certain insurance requirements relating to owners corporations;
(c) when an existing owners corporation must establish an owners corporation register and information to be included on owners corporation certificates;
(d) fees, costs and charges payable under the Owners Corporations Act 2006;
(e) model rules for owners corporations;
(ea) offences in respect of which an infringement notice may be issued;
(f) other matters authorised or required to be prescribed for the purposes of the Owners Corporations Act 2006.
The objective of these Regulations is to amend the Owners Corporations Regulations 2007 to prescribe the relevant maximum fees that may be charged by owners corporations for providing certain information under the Owners Corporations Act 2006.
The objective of these Regulations are to —
(a) prescribe time limits for things done under the Subdivision Act 1988 ; and
(b) prescribe forms authorised by that Act; and
(c) provide for procedures relating to the certification of plans; and
(d) require Councils to maintain a register of applications made under that Act; and
(e) provide for other matters authorised by that Act.
The objective of these Regulations is to amend the Subdivision (Procedures) Regulations 2000 —
(a) to prescribe forms and procedures for the recording or giving of information in relation to owners corporations; and
(b) to make provision for plans of strata and cluster subdivision; and
(c) to make other amendments consequential on the amendment of the Subdivision Act 1988 in relation to owners corporations.
Learn how to run an owners corporation, and rights and responsibilities of members and managers.
If your owners corporation does not make a rule covering any item in the model rules, then the model rule apply.
Australian Capital Territory
An Act to provide for the subdivision of land by units plans, and for other purposes.
Made under Unit Titles Act 2001
An Act to provide for the management of units plans, and for other purposes.
Made under Unit Titles (Management) Act 2011
An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.
An Act to provide for the division of land by strata plan; and for other purposes.
An Act to amend the Community Titles Act 1996 and the Strata Titles Act 1988.
Land Services Group, Dept of Planning, Transport and Infrastructure
he Statutes Amendment (Community and Strata Titles) Act 2012 changed the laws (the Community Titles Act 1996 and the Strata Titles Act 1988) governing community and strata titles in South Australia, as of 28 October 2013.
This booklet is about residential strata titles. If you are planning to buy a strata titled property, there are some important legal matters that you should know.
Contains information about lodging an application:
Common Questions about SACAT
An Act to provide for the development of land by strata and community title schemes and for related purposes.
Model by-laws concerning keeping of pets, use of common property, parking of motor vehicles, etc.
A list of the strata scheme forms that are available, prepared by the Recorder of Titles.
Department of Primary Industries and Water
An Act to facilitate the horizontal and vertical subdivision of land and the disposition of titles thereto, to provide for incidental and connected purposes and to repeal the Strata Titles Act 1966.
This guide was produced to give people a basic understanding of strata rules and bylaws and strata titling principles.
Schedules 1 and 2 to the Strata Titles Act contain the standard by-laws which apply to all strata schemes unless the strata company has amended them. You should obtain a copy of the strata plan to ascertain if the standard by-laws apply.
The Strata Titles Practice Manual has been published to assist Licensed Land Surveyors and the surveying community in the preparation of all Strata/Survey – Strata Plans for lodgement and subsequent registration.
Nov 26, 2014
Jan 7, 2016
The State Government has set Strata Reform as a key priority and Landgate has been tasked to deliver reforms to the Strata Titles Act 1985, in 2015, including Tenure reform and the Community Titles Advisory Committee amendments. The reforms will ensure Western Australia has a modern Strata Titles Act to better meet the State’s Strata rules and bylaws needs in light of future growth, and help provide more flexible, affordable and liveable housing options, which in turn will benefit strata owners and residents.
Jan 2016: The WA Government has given Landgate responsibility for delivering reforms to Western Australia’s Strata Titles Act 1985.
Access to strata forms provided by Landgate.
SAT deals with a variety of disputes including strata title disputes.
An Act to provide for unit title schemes, and for related purposes
Looking for Strata Rules and ByLaws / Strata Legislation Industry Experts in your area? Search within our Strata Services Directory in the category Legal Services for the best list of Strata Rules and ByLaws contacts available.
Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.