28 March 2025 / Matt Blewitt
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 When by-laws become outdated or create friction, there is a clear legal pathway for how to make a change in NSW.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.
Draft the proposed by-law
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.
Taking your motion to a general meeting
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.
Registering the change with NSW Land Registry Services
In shared living spaces, disputes are sometimes unavoidable, often arising from noise, unauthorised parking, pet concerns or maintenance issues. Without clear procedures, conflicts can escalate and disrupt the community. Our approach includes aligning dispute resolution with existing by-laws and maintaining a procedural register accessible to all owners. This structured system regularly achieves effective resolutions and often prevents the need for further intervention.
Owners corporations often struggle to make fair, legally sound decisions, especially when interpreting complex by-laws or navigating regulations. This is where an experienced strata manager is imperative, as they provide expert guidance to ensure compliance and promote equitable outcomes for all stakeholders.
A neutral third party is essential in maintaining fair governance within a strata scheme. A quality strata manager acts as this impartial entity to reduce tensions and foster cooperation. At ASSM, our expertise in mediation and dispute resolution ensures that all parties are heard and conflicts are addressed immediately.
Registering the change with NSW Land Registry Services
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.
Why choose All Suburbs Strata Management?
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.
Meet The Author
Matt Blewitt
Licensee in Charge / General Manager
Matt’s career began in property management, and he worked his way through a range of senior roles before returning to the family business. He now oversees ASSM strata portfolios with a practical focus on risk, consistency and keeping things running as they should. He believes clear communication, sound judgement and a willingness to own mistakes when they happen are the foundations of successful strata management.
What keeps Matt motivated is the people he works with, both within the team and across client communities. He understands the pressures owners and committees face and always balances compliance with common sense. This measured approach has been shaped by years on the ground and a genuine desire to do the job right, no matter the challenge.
We provide Australia’s most professional and comprehensive strata management services across Greater Sydney and other parts of NSW. Our expertise spans residential, community, commercial and industrial strata schemes. It’s easy to switch to All Suburbs Strata Management. See the extensive range of suburbs our certified strata managers oversee below.
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FAQs
Why would a strata scheme want to change its by-laws?
A strata scheme may want to update by-laws when existing rules no longer reflect current needs, cause friction between residents, or don’t align with modern practices — for example, outdated parking or smoking rules.
What’s the first step in changing a strata by-law in NSW?
The first step is to draft a proposed by-law amendment with clear wording explaining what the change is and why it’s needed. It’s best to discuss the idea with other owners first and seek professional advice to ensure the wording is lawful and enforceable.
How is a by-law change approved in a strata scheme?
A suggested change must be presented as a motion at a general meeting (such as an AGM). It must include an explanatory note, then be voted on by owners. Most by-law changes require a special resolution — meaning at least 75 % of votes must be in favour.
Does a by-law change take effect immediately after a vote?
No. Even if the resolution passes at a meeting, the updated by-law must be registered with NSW Land Registry Services within six months. Until registration, the change has no legal effect and cannot be enforced.
Who can assist with lodging updated by-laws for registration?
While the strata manager or committee secretary can prepare the required consolidation form, a solicitor or conveyancer is usually needed to submit the form online with the NSW Land Registry Services.
What makes a by-law invalid under NSW strata law?
By-laws must comply with state legislation and cannot be harsh, unconscionable or oppressive. They also cannot restrict essential rights — for example, banning assistance animals or children outright.