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.
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?
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.
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.
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.