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Step 1 Draft the By-Law

Using DIY By-Laws you can easily add your lot details, select what areas you are renovating and attach the relevant plans to create a by-law and motion instantly! Your by-law will describe any impact there may be to common property (for example, waterproofing in bathroom, moving plumbing or external walls).

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Step 2 Before the Meeting

You will now need to give your draft by-law and consent form to your strata manager to be included in the agenda for the next annual general meeting. If there is not one coming up anytime soon, ask your strata manager the fee to call a meeting.

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Step 3 The Agenda

The strata manager will attach your motion to the agenda and be sent out to owners in your strata scheme 21 days before the meeting.

Make sure you have also given your consent form to the strata manager before the meeting.

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Step 4 The General Meeting

Your motion will be discussed at the AGM and details will be reviewed. Then a vote will be taken by all owners attending (and via proxy) the AGM on your motion. This will be specially resolved and you will get approval or could be asked to provide changes or more detail. A majority vote will get this approved.

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Step 5 Consolidation

Once this has been resolved, the new by-law needs to be added to full list of by-laws, thereby consolidating the new one with the existing by-laws.

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DIY By-Laws can assist you with this step too!

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Step 6 Registration

The new by-law must be registered with Land Registry Services within 6 months.

A lawyer, your strata manager or DIY By-Laws can also assist you with this step.

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Step 7 Start Your Renovation!

Now that you have completed all the necessary steps you can start your renovations.

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DIY By-Laws Articles

Tribunal Refuses Appeal to Install Air-Conditioning Units on Balcony, Upheld on Appeal

Recently, the NSW Civil and Administrative Tribunal (the “Tribunal”) dismissed an appeal (the “Appeal”) of a previous Tribunal decision (the “Decision”) made by two lot owners (the “Lot Owners”) who wanted to install reverse cycle air-conditioning units installed in each of their respective lots. In the matter of Hunt v The Owners – Strata Plan […]

Why Do You Need to Consider the Registered By-Laws when Preparing a New By-Law?

By-laws can provide guidelines regarding behaviour and to assist the smooth running of a scheme. It is important to consider the registered by-laws of the scheme when it comes to preparation of new by-laws. Why? This is to ensure that the new by-law does not conflict with the existing by-laws for the scheme. The main […]

Why you have to be so cruel, don’t you know I am a tenant too?

It is common to see tenants wanting to undertake various works on common property particularly in a commercial setting.  However, the owners corporation may be reluctant to authorise a tenant to undertake works to the common property for reasons including the ongoing repair and maintenance obligations. Yet, to get around this situation, a tenant may […]

Oops… Someone didn’t include all their By-Laws in the Consolidated Set!

At Bannermans, we process a high volume of consolidated by-laws and are often found in situations where we are tasked with rectifying issues which involve registered by-laws having been omitted from the scheme’s consolidated set. Quite often, this arises at the point of sale. However, do not fear, as here is what to do: A […]

Common Property Rights By-Law: The Scope of Works and Level of Details Required

The basic definition of “common property” is, all the areas of the land and building not included in any lot. To be precise, the common property boundaries of each lot are essentially formed by the upper surface of the floor, under surface of the ceiling and inner surface of the external or boundary walls including […]

Do I still need Consent from the Owners Corporation if I already have Council Approval?

In a strata scheme building, the owners corporation is the legal owner of the common property. When lot owners propose to carry out works that require statutory approval (such as development consent/complying development certificate), it is highly likely that they will also require consent from the owners corporation if those works impact on common property. […]

Sustainability Infrastructure Amendment – General

The recent introduction of the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2020 which amends the Strata Schemes Management Act 2015 (the “Act”) is good news for owners corporations wishing to put in place greener facilities for residents. This amendment will smooth the path for approval of works such as solar panels and electric car […]

Has Written Consent been given for that Exclusive Use By-Law?

An owners corporation may amend, repeal or add by-laws in accordance with the Strata Schemes Management Act 2015 (the Act). Commonly, lot owners seek to make common property rights by-law to gain rights to exclusively use certain parts of the common property for purposes including car parking, storage and to carry out renovation works. Accordingly, […]

Certificate of Titles: A thing of the past

The way in which we deal with certificates of title (CTs) have and are continuing to change. Why is 22 March 2021 important? On 22 March 2021, it was made compulsory to lodge consolidated by-laws for registering through Property Exchange Australia (PEXA). However, the caveat to this is that if no legal representation, counter lodgments […]

Can I use that document too? – NOT WITHOUT COPYRIGHT

One great way to incur a large debt is to reuse a commercial document without the consent of the copyright owner. We see this regularly and it rarely ends well. In a strata context, the most common scenario involves a professional being engaged to prepare a document for an owners corporation or lot owner and […]

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ABOUT US: DIY By-Laws is a division of leading strata law firm, Bannermans Lawyers. We are an innovative law firm, constantly striving to develop and create solutions for our clients and our industry and this platform is part of our vision to deliver digital legal services to the Australian property and strata industries.

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