How to change strata by-laws in NSW

A strata by-law can shape how people live, but it shouldn’t be set in stone. Communities shift over time—what made sense five years ago may no longer reflect how residents use shared spaces, interact with neighbours or manage practical concerns. When by-laws become outdated or create friction, there is a clear legal pathway for how to make a change in NSW.

At All Suburbs Strata Management, we bring over 40 years of experience in residential strata management in Greater Sydney, Nepean and the Central Coast. When your scheme needs to update its by-laws, clarity and precision in the process are essential.

When a by-law is no longer practical or aligned with the operation of a scheme, the first step is to consider what changes are necessary and why. It’s also recommended to discuss your ideas with other owners and see if you have support. Next, write a clearly worded replacement or amendment. The wording has to be specific, lawful and compatible with the rest of the existing by-laws.

There are parameters for by-laws. They cannot contradict state legislation, and they must not be harsh, unconscionable or oppressive. Any rule that restricts essential rights is invalid, for example, banning assistance animals or prohibiting children.

Seeking professional advice for this process helps ensure your wording not only meets the criteria but is also practical and enforceable within your particular strata scheme. Poorly drafted by-laws lead to confusion, disputes and other unintended consequences, especially if they overlap with any existing rules. While legal advice is best, an experienced strata manager may also be able to flag potential issues.

A suggested by-law change must be presented at an annual general meeting. To add this to the agenda, you will need to write a ‘motion’ that includes your name and an ‘explanatory note’ detailing all supporting information for your suggested by-law. This must be no more than 300 words and submitted to the secretary of the owners corporation before they issue notice of the next meeting.

What happens when the matter is raised at the meeting? The owners will discuss the motion and then vote on the new by-law. To pass, the owners corporation approves the by-law with a ‘special resolution’ and to accomplish this, no more than 25% of votes can be against the proposed amendment.

If the outcome of the vote is positive, the by-law should be recorded exactly as it was voted on in the meeting minutes as proof of the resolution. This will be required during the next step which is registration. Wording accuracy is important as any discrepancies can delay or invalidate the process.

Once the vote passes, the by-law is not in immediate effect. It must be formally registered first, and this needs to happen within six months of the resolution. Failure to register within the timeframe will require another vote.

Registering changes to by-laws involves completing a consolidation form through NSW Land Registry Services. A copy of the updated by-laws for the scheme will be required. A strata manager or the secretary can complete the form, however, a solicitor or conveyancer is typically necessary for lodgement.

Until the change is registered, the new by-law has no legal effect and cannot be enforced within the scheme. For transparency and compliance, it’s best practice for owners and residents to be given access to the updated by-laws following registration.

When by-laws become outdated, updating them in NSW is straightforward if the correct procedures are followed. If you’re unsure whether your scheme’s by-laws need updating, a knowledgeable strata manager can help you explore your options.

At ASSM, we have over 40 years of experience in strata management for residential, community, commercial and industrial properties.

If you’d like to know more about strata by-laws, or you are considering buying into a strata scheme or want to secure a professional and qualified team, contact ASSM today.