Question: Can a strata manager remove a valid by-law during consolidation, or does that require a formal resolution?
Our strata scheme includes a by-law that places maintenance responsibility for each unit on the individual owner, given that the units are for their exclusive use.
The strata manager deleted this when they rewrote our by-laws for consolidation. Did they have a right to do this? If an owner claims their maintenance on the strata, so will all owners, which will result in higher strata fees.
Answer: A valid by-law cannot be removed during consolidation without a formal resolution to repeal it, and if omitted without that resolution, it remains legally in force.
In my opinion, the first consolidation of by-laws after the commencement of the amended Strata Titles Act 1985 (the Act) on 1 May 2020 allowed strata companies to tidy and reformat their by-laws without requiring a vote. This administrative consolidation permitted renumbering, reformatting, and the removal of by-laws that were automatically invalidated by the amended legislation.
However, this process did not authorise strata managers to delete or alter valid by-laws. A by-law requiring owners to maintain their own lots is not inconsistent with the Act. It aligns with section 91, which already places maintenance obligations on lot owners. Because it is not invalid, discriminatory, or contrary to the Act, it cannot be removed during consolidation unless the strata company has passed a formal resolution to repeal it.
Accordingly, if no such resolution was passed, the by-law remains legally in force even if it was omitted from the consolidated document.
It’s also important for owners to understand that “maintaining your own lot” refers only to the boundaries of the lot as shown on the strata plan. External walls, roofs, balconies and other structural elements may be, and often are, common property, and therefore the responsibility of the strata company unless a valid by-law shifts that responsibility. It is important to understand from the strata plan where the boundaries of the lot sit.
This explanation reflects my professional experience in the strata industry, but it is not legal advice. For a definitive position, a legal opinion should be obtained from a lawyer who specialises in strata titles law.
This post appears in the June 2026 edition of The WA Strata Magazine.
Luke Downie
WA Strata Consultant
E: luked0876@gmail.com
P: 0456 589 639
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