Enter your email Address

  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Strata Property Basics: Strata Owners Corporation
    • Strata 101: Strata title
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
    • 2021 Updated Guide: Master the Art of Strata Insurance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap

LookUpStrata

Australia's Strata Title Information Site

  • Promotion Strata Insurance Webinar
  • Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
You are here: Home / Bylaws / Bylaws NSW / NSW: How Do We Find the Strata Title By-laws For Our Strata Scheme?

NSW: How Do We Find the Strata Title By-laws For Our Strata Scheme?

Published November 23, 2016 By Allison Benson, Kerin Benson Lawyers 5 Comments Last Updated March 9, 2021

Sharing is caring!

4shares

This Q&A about NSW strata title by-laws has been supplied and written by Allison Benson, Kerin Benson Lawyers.

Question: How do we find the bylaws for our strata plan? We only have a copy of our strata title bylaw changes from 2012. We can only rely on information from a former committee member.

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

I have a copy of our strata title bylaw changes from 2012. Our Strata Plan is from 1997 but the bylaws that affect us cannot be found. We can only rely on information from a former committee member.

How do we find the bylaws for our strata plan?

The NSW Strata Magazine Click Me Banner

Answer: You should always be able to find a copy of the registered by-laws for your scheme.

You should always be able to find a copy of the registered by-laws for your scheme.

If a consolidated set of your scheme’s by-laws have not yet been registered then the certificate of title for the common property will list all the registered changes of by-laws and which of the model by-laws or developer by-laws apply to your scheme. You then need to go through all the registered dealings to see what changes have occurred and to obtain a copy of the model by-laws that apply.

If a consolidated set of by-laws has been registered, tracking down the changes is much trickier as the previous dealings changing the by-laws will no longer be registered by dealing number on the common property title. It is not impossible but it does take a bit of investigating to see what the dealings were previously, you can do this by looking at your original contract for sale of land as all the previously registered dealings will be included, then you could search through the minutes of each general meeting to look for any changes that occurred after you bought your property.

For completeness, I would also search the files to see if the strata manager had any copies of the previously registered dealings as sometimes by-laws were passed but not registered.

Allison Benson
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990

Please note: This is not legal advice. You should seek legal advice particular to your situation.

This post appears in Strata News #344.

Have a question or something to add to the article? Leave a comment below.

Embed

Read next:

  • NSW Strata Reforms: Enforcing By-laws by Issuing Notices to Comply
  • Q&A NSW Strata Parking Laws

Are you interested in more information about NSW Reforms relating to strata title by laws NSW or information particular to NSW strata legislation? Visit Strata Law Reform OR NSW Strata Legislation pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Comments

  1. AvatarAngels Owers says

    October 7, 2020 at 4:59 am

    We have resided in our duplex since 2004 we did not have a registered set of By-Laws attached to our property. We as owners have had cooperative owners in the past until now. The current owner gives power to their Real Estate Agent who repels any action by us the owner to paint the property or have their tenants abide by Common Property Rules. Can they do that? Shouldn’t the Owner be directly accountable for their property and inform the Real Estate what has to be done? The real Estate Protect their Tenant and Income to the Owner. When informed about repairs she informed us she had a pension and couldn’t afford them we would like to paint our 17 year old Duplex. !!

    Reply
    • Liza Admin Liza Admin says

      October 9, 2020 at 6:20 am

      Hi Angels

      We have responded to your question on this post: NSW: Q&A Unbalanced Strata Unit Entitlements Affecting Maintenance

      Reply
  2. AvatarMagma says

    April 29, 2020 at 8:27 am

    Hi. We’re a pre-1997 scheme. With the 2015/15 legislation changes, we went through the process of reviewing by-laws, and made some (relatively minor) changes. The SMA lodged these for registration. I was then dismayed to find that I had to pay a broker to get a copy of the by-laws (a few hundred $$ by the time you work out which broker report is needed). It came back with a NIL result ie there are no by-laws.

    Dealing with the Registrar General is difficult, but they did help and advised that (my words) “there are no transactions, there has never been a transaction, no by-laws have been lodged at any time”. Wow! This raises all sorts of questions for us.

    Where do we stand? It seems to me that we have no means of dealing with any issue that arises in our star community.

    Thanks

    Reply
  3. AvatarDavid Selmes says

    April 24, 2020 at 11:17 am

    Hi hope you are well , I have a copy of our Bylaw changes , from 2012 , yet the Strata plan is before 1997, the bylaws that affect us cant be found , it is on the say so of one of former committee members……

    Reply
    • Liza Admin Liza Admin says

      April 28, 2020 at 12:28 pm

      We have replied to your question in the article above.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIAL

"The newsletter is very helpful and gives great guidance with commonly asked questions." Gayle, Lot Owner
"I love your regular emails and now this fantastic magazine! Keep up the great work. " David, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Bevan Thomas on NSW: 180 Day Cap on Short-Term Rental Accommodation
  • Maria John on WA: Q&A What are the Strata Manager’s Duties and Do We Really Need One?
  • Liza Admin on NSW: Q&A Special Levies, Levy Payments and Overdue Levies
  • david webster on QLD: The golden rules of bylaw enforcement + Q&As
  • wayne on QLD: Q&A Body Corporate Decision Making
  • leonard on NSW: Q&A Stopping the Abuse of Visitor Parking Spaces
  • Christopher Kerin on NAT: Your Balcony, Balustrades and Strata Liability
  • Chris McDonald on NSW: 180 Day Cap on Short-Term Rental Accommodation
  • Merril R Moon on QLD: Q&A Who Can Access Common Property?
  • Tony Roberts on NAT: Your Balcony, Balustrades and Strata Liability

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2021 · LookUpStrata ® Pty Ltd · All rights reserved