This article is about making WA strata bylaws.
Table of Contents:
- QUESTION: Has anyone set up a template list of standard by-laws? These could be a great starting point for conducting a bylaw review to reflect the latest requirements under the Act in Western Australia?
- QUESTION: How can I find out if a strata complex has a restriction such as an age minimum; ie over 55’s?
- QUESTION: In a small strata with 4 units do all the owners have to agree on by-laws being created? If 3 out of 4 agree, is that sufficient?
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Question: Has anyone set up a template list of standard by-laws? These could be a great starting point for conducting a bylaw review to reflect the latest requirements under the Act in Western Australia?
Answer: Any restrictions would be lodged within the set of by-laws.
Thanks for your enquiry regarding by-law templates and the new legislation in WA. I hope I can offer some assistance in this area to help you navigate the new legislation in regards to by-law changes and locating the information you require.
As you are already aware, the standard set of by-laws that apply to all WA strata properties have been amended under the new Strata Titles Act WA reforms, which came into effect in May last year. These are outlined within the Strata Titles Act WA itself, of which a copy can be found here: Western Australian Legislation – Strata Titles Act 1985, kindly published by the WA Govt Dept of Justice in a downloadable pdf or word document format. Alternatively, a google search brings them up straight away also. [Admin: Try our Strata Legislation page under Western Australia.]
The by-laws that used to apply to all WA strata’s prior to the reforms were known as schedule 1 and schedule 2 by-laws. Any amendments to these were lodged on the strata plan through Landgate for each scheme and were able to be obtained by requesting through Landgate for a copy, or via the strata manager of the scheme. As you are aware these have changed and are now referred to as Conduct and Governance by-laws under the new legislation. These new by-laws now apply and are required to be consolidated with any existing by-laws on a scheme that were added or repealed on the older version. Information on this is below on the link I have provided which explains this process. Consolidation is achieved through registration with Landgate.
Guide to consolidating by-laws for strata titles schemes in Western Australia by Landgate is a handy booklet put together by Landgate which clarifies the changes, how they affect each strata and how the new by-laws being introduced into WA strata schemes are to be consolidated with any existing set a strata may have.
In regards to obtaining a set of bylaw templates, these are (as mentioned above) within the Strata Titles ACT WA. The full set of by-laws are laid out one by one for clarity. You simply need to go to pages 257 – 270 of the Act under headings “Schedule 1 – Governance by-laws ” and “Schedule 2 – Conduct by-laws” as copied below from the table of contents front section of the Strata Titles ACT WA. This is the template or more precisely, a ‘copy’ of the by-laws, that a scheme is to use since the reforms. It’s handy that you can download a word doc version which assists in consolidating with any other by-laws a scheme may have.
If your strata did not simply adopt the previous set of by-laws before the reforms, with add in’s or repeals, these need to be consolidated with the new set of by-laws. Legal assistance is advised when undertaking this task, as consolidated by-laws should be reviewed for checking that they are in line with the new reforms to meet the legislation requirements. Your strata manager should be able to assist with this matter. Alternatively, if a scheme had relied on the previous version of by-laws under the Strata Titles Act WA before the reforms without any changes, then this new version is simply the default set the strata scheme now rely on going forward which replaces the older set.
Schedule 1 — By-laws
- Duties of proprietor, occupiers etc. 212
- Power of proprietor to decorate etc. 213
- Power of strata company regarding submeters 213
- Constitution of council 214
- Election of council 216
- Chairman, secretary and treasurer of council 218
- Chairman, secretary and treasurer of strata company 218
- Meetings of council 219
- Powers and duties of secretary of strata company 219
- Powers and duties of treasurer of strata company 220
- General meetings of strata company 220
- Proceedings at general meetings 221
- Restriction on moving motion or nominating candidate 223
- Votes of proprietors 223
- Common seal 224
Schedule 2 — Schedule 2 by-laws
- Vehicles 225
- Obstruction of common property 225
- Damage to lawns etc. on common property 225
- Behaviour of proprietors and occupiers 225
- Children playing upon common property in building 225
- Depositing rubbish etc. on common property 226
- Drying of laundry items 226
- Storage of inflammable liquids etc. 226
- Moving furniture etc. on or through common property 226
- Floor coverings 227
- Garbage disposal 227
- Additional duties of proprietors, occupiers etc. 227
- Notice of alteration to lot 228
- Appearance of lot 228
Kylie Nelson
Eyeon Property Inspections
E: [email protected]
P: 0401448308
This post appears in Strata News #451.
Question: How can I find out if a strata complex has a restriction such as an age minimum; ie over 55’s?
Answer: Any restrictions would be lodged within the set of by-laws.
Any strata schemes that have any rules around age groups or resident restrictions, would be required to have these lodged within their set of by-laws.
These are referred to as a “Management Statement” that is lodged on the strata plan itself. A copy of which is obligated to be supplied to a buyer or lot owner upon purchase of a lot.
Kylie Nelson
Eyeon Property Inspections
E: [email protected]
P: 0401448308
This post appears in Strata News #391.
Question: In a small strata with 4 units do all the owners have to agree on by-laws being created? If 3 out of 4 agree, is that sufficient?
Answer: It really depends on if it is a governance by-law or a conduct by-law you are wanting to create.
It really depends on if it is a governance by-law or a conduct by-law you are wanting to create.
To create a governance by-law a resolution without dissent is required and for conduct by-laws it is a special resolution. This applies for amending or repealing by-laws also.
Other than in two lot schemes a resolution without dissent requires that 14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and no vote attached to a lot in the scheme is cast against the resolution.
For a 3, 4 or 5 lot scheme a special resolution requires that 14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens. To pass the votes in favour of the resolution need to equal not less than 3 for a four lot scheme such as yours and not less than 50 % of the total aggregate of the unit entitlements of the lots in the scheme.
It is important to know what constitutes a governance by-law and what constitutes a conduct by-law.
Conduct by-laws are any by-law other than a governance by-law that deal with
- the conduct or an owner or occupier of a lot
- the management, control, use and enjoyment of common property
- landscaping requirements
- maintenance of water, sewerage, drainage, gas, electricity, telephone and other services
- common property insurances
- safety and security
- dispute resolution
Governance by-laws deal with:
- the governance of the scheme; or
- the subdivision or development of the land
- subdivided by the scheme (other than a matter of landscaping); or
- exclusive use of common property in the scheme;
In a 3,4 or 5 lot scheme Governance by-laws can include by-laws that exempt the Strata Company from a designated function such as procedures of a general meeting or raising levies.
Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999
This post appears in Strata News #391.
Have a question about WA strata bylaws or something to add or something to add to the article? Leave a comment below.
Read next:
- WA: Q&A Strata Council Roles and Responsibilities – Lot Owner Correspondence
- WA: How Will the New Strata Titles Legislation Affect our Council of Owners?
Still after more information about WA Strata Bylaws or even more general articles about strata in WA? Visit Strata By-Laws and Legislation OR Strata Information WA
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Hi Nikki,
I enjoy and appreciate your website. It is very informative.
Has anyone set up a list of by-laws as a template which could be useful in completing an update to reflect latest requirements under the Act in Western Australia?
Such a template, if available, would be a great starting point for this process.
Many thanks,
Regards
Patrick
Hi Patrick
Kylie Nelson, Eyeon Property Inspections has responded to your question in the above article.
Have a look at the Strata Titles Act 1985 section 42. It may shed some light on how by-laws are enforceable (provided they are not inconsistent with the Strata Titles Act itself s42 (1)).
(6) Without limiting the operation of any other provision of this Act, the by laws for the time being in force bind the strata company and the proprietors and any mortgagee in possession (whether by himself or any other person) or occupier or other resident of a lot to the same extent as if the by laws had been signed and sealed by the strata company and each proprietor and each such mortgagee, occupier or other resident respectively and as if they contained mutual covenants to observe and perform all the provisions of the by laws.
(7) A proprietor or mortgagee in possession of a lot shall take all steps that are reasonable in the circumstances to ensure that every occupier or other resident of that lot complies with the by laws for the time being in force.
Penalty: $400.
My question is: Are building by-laws actually enforceable by law given they are not in the legislation? My understanding is that building by-laws are not legislation, however those strata by-laws outlined in the Strata Act 1985 (Schedules 1 and 2) are because they are in the legislation.
In our strata we have a ‘no pets permitted’ bylaw in 6 townhouses. This bylaw was introduced before any of the current owners purchased their townhouses. I have tried at 3 AGMs to repeal the bylaw. We’ve had 4 votes to repeal, 2 against and we needed 5 votes for the 75 percent to be successful in the repeal. The 2 no voters against don’t live in complex.
Would SAT deem the current bylaw to be unfair? We could then revert back to the standard pet bylaw eg approval is needed from strata council.
Really hope you reply to me thanks Steve.
Hi Steve
We have had this reply come in from Phil Langton, Langton Strata Management:
Their stance may not be unreasonable by the Strata Titles Act. a better argument for unreasonable is required other than 2 no – 4 yes.
You appear to of diligently tried to repeal a by-law that was stopping you having a pet at the complex. If that is a true indication, I could also say someone diligently upheld their rights to say no.
Your query leaves out certain details for me to explore the possibilities of a solution.
You refer to some voting numbers that would imply you are trying to repeal a Schedule 2 by-law which requires less than 25% of voters to not vote against and at least 50% to vote for the repeal.
You refer to the possibility of SAT repealing back to the standard by-law which you say is strata council approval.
That statement is not true as the standard pet by-law does not require approval by the strata council on behalf of the strata company.
The standard pet by-law requires the pet owner to remove the pet if there have been complaints and notice has been given by the strata council on behalf of the strata company.
Are the 2 no voters turning up for the meetings or voting no via proxy?
Were they financial at the time of the vote?
Do all the townhouses have the same unit entitlement? (because 25% of the vote being No is based on that covering at least 25% of the unit entitlement)
My first port of call would be to write to these two owners, opening a dialog to better understand their no votes. (Writing is best because it proves a course of communication in the matter and indicates the position and reasonableness of each party) This paperwork may become supporting documentation if you try to make a case to SAT.
Is it noise, smell or an aversion to pets by a current tenant if they are renting out?
There is also an argument in a difficult market for renter with pets or potential owners.
Referring back to the wisdom of the original by-law it still allows for control and pets to be removed under request.
Howling dogs, meowing/spraying cats (by laws/Rules could see all cats neutered, licensed and micro chipped) threatening packs of large dogs could be eliminated.
Owners could be confined to 1 or 2 cats or 1 or 2 dogs each of a particular size.
The standard by-law would be your control but fine turning could be a set of house rules defining acceptable pets and behaviour.
The diplomatic approach is always the first try. If owners work together there is so much more people can do. There may be something the No voters would like that they have not even thought about.
Remember all owners in agreement can change anything.
SAT: if all else fails you need to seek advice from a suitably qualified Practitioner i.e. Lawyer or Strata Consultant to enquire which would be the best approach/Order to be sort from SAT in this matter.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Hi Phil
Thanks for the reply.
The voting was yes voters 66 percent unit entitlement (4 lot owners 17,17,16,16). No voters 34 percent unit entitlement (2 lot owners 17,17) (There are 6 lots) The no voters, vote by proxy.
We have been down the diplomatic path no go. Have explained they could include no pets on rental agreement if they don’t want pets in their property, rental and resale potential etc. Each unit has a separate yard. I read about a case were the adjudicator said there is clearly no rational basis that the pet could cause any difficulty to any other lot owner.The adjudicators conclusion was that such a bylaw is unreasonable. Based on that the adjudicator found that bylaws that impose a ban on pets are invalid.
Hope the unit entitlements make sense. Waiting your reply for any info is greatly appreciated
thanks Steve