Strata by-laws explained

Strata by-laws shape your community living experience—understanding them is essential for tenants, owners and prospective buyers alike. These regulations ensure harmonious and fair living conditions, governing everything from noise levels to common area usage so everyone can coexist peacefully.

At All Suburbs Strata Management, our team has over 40 years of experience in residential strata management in New South Wales. Our strata managers have extensive knowledge of the specific strata by-laws that apply to our clients and their properties, understanding their impact on effective strata management. Here’s a comprehensive guide to what strata by-laws are, why they matter and how they impact you.

Wouldn’t it be nice if everyone in a shared living community understood what’s acceptable and what’s not? Strata by-laws ensure just that by establishing clear rules that define rights and responsibilities for all residents within your strata scheme or complex. Each strata scheme develops its own set of by-laws under the authority of the owners corporation, which may opt to adopt model bylaws, create custom ones, or combine both approaches.

Model bylaws are predefined sets of regulations provided by the NSW government to guide strata communities on common issues like noise, pets and use of common property. They offer a reliable framework that can be easily adopted, adapted, or combined with custom by-laws by the owners corporation to suit the specific needs of their strata scheme. These model by-laws help ensure consistency and prevent disputes.

To ensure fairness, there are certain restrictions to by-laws, including that they cannot conflict with existing laws, regardless of when those laws were enacted. By-laws also cannot be unduly harsh, oppressive or unconscionable. They must not restrict someone from selling or leasing their lot, except in cases of short-term rental accommodation. Additionally, by-laws cannot prohibit children from residing in a strata property, prevent someone from having an assistance animal, or interfere with the animal’s ability to perform its duties. Lastly, they cannot prevent a resident from owning a pet unless the pet unreasonably disrupts other residents, such as posing a danger or belonging to a restricted breed.

Here are a few common examples you might encounter:

• Noise control: These by-laws set acceptable noise levels and hours to ensure that all residents can enjoy a peaceful living environment.
• Pet regulations: By-laws regarding pets may limit the type and number of animals that can be kept in a lot, as well as set conditions for their care.
• Parking rules: They often specify where residents and their guests may park, addressing issues like unauthorised parking in designated spots.
• Use of common property: Regulations for common areas, such as swimming pools, gyms and gardens, including guidelines on their usage and behaviour expectations.
• Renovations and alterations: These by-laws outline the process for gaining approval for renovations or modifications that impact common property or the appearance of the strata scheme.
• Waste disposal: Rules ensuring proper waste disposal and recycling practices, helping keep the strata community clean and orderly.
• Short-term rentals: Addressing issues related to short-term rentals like Airbnbs, including restrictions or conditions under which they are allowed.

Keep in mind that by-laws can differ between schemes, so it’s crucial to know the specific regulations applicable to your circumstances. Normally, you should have received a copy of your by-laws upon moving into the property. If you haven’t, you can request them from the strata committee secretary or your strata manager. If you are a tenant, you should have been provided with a copy by your real estate agent or landlord before signing your lease.

If you suspect a by-law violation in your strata community, start by reviewing your scheme’s specific by-laws for clarity. Initial efforts should focus on resolving the issue informally. If informal resolution fails, the owners corporation or strata committee may engage in discussions with the individual involved, requesting compliance with the by-law.

Subsequently, if the breach persists, the owners corporation, strata committee or strata manager can issue a formal notice to comply detailing the violation and the potential escalation to the NSW Civil and Administrative Tribunal. You may also pursue mediation through NSW Fair Trading in certain cases to facilitate resolution.

Should mediation prove unsuccessful, the owners corporation or strata committee can seek tribunal intervention to adjudicate the matter. This could potentially result in orders or fines of up to $5,500 for repeated breaches.

Owners in a strata scheme can propose or draft by-laws for consideration by the owners corporation. Whether you want to add, remove or change a by-law, the process starts with drafting a proposal and gaining support from fellow owners. Next, you write it out, typically requiring a lawyer’s assistance to ensure clarity and accuracy.

Afterwards, the by-law must be submitted with a motion and an explanatory note for the agenda of the next general meeting. At the meeting, owners discuss and vote on the proposed by-law, requiring a ‘special resolution’ for approval. Following approval, the by-law must be registered with NSW Land Registry Services within six months to be enforceable.

How do by-laws impact you? By-laws are designed to protect the peace and harmony of community living. Both owners and tenants must comply with them, as failure to do so can result in fines and legal action. With over 80,000 strata schemes in NSW, a significant number of people are affected by these scheme-specific regulations. Despite this, it’s estimated that just over half of strata residents are unaware of their by-laws, highlighting the importance of staying informed.

At ASSM, we have over 40 years of experience in strata management for residential, community, commercial, and industrial properties. We understand the importance of by-laws tailored specifically to each scheme and we always stay abreast of any changes made to them by the owners corporation.

Additionally, we offer developer assistance for registration preparation, along with comprehensive strata reports and inspections.

Our team can ensure your strata scheme runs as smoothly as possible. When considering buying into a strata scheme or wanting to secure a professional and qualified team, contact ASSM today.