This article is about making WA strata bylaws.
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.
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.
- WA: Q&A Strata Council Roles and Responsibilities – Lot Owner Correspondence
- WA: How Will the New Strata Titles Legislation Affect our Council of Owners?
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