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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.


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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Can I use that document too? – NOT WITHOUT COPYRIGHT

Categories: By-Laws

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 those persons or others reusing the document for a similar transaction in the future, without the consent of the professional. Such persons may well find themselves on the wrong end of legal proceedings, possibly incurring substantial legal costs and being required to make a substantial compensation payment to the professional.

Key considerations here:

  • This issue spans across a wide range of professional engagements and could include a lawyer engaged to prepare a contract, by-law or other legal document, an expert engaged to prepare a report, an architect engaged to prepare drawings or a graphic designer engaged to prepare artwork. All of these and a wide range of other professionals may have copyright in the works they create.
  • At the time of engagement of a professional, there is an opportunity to negotiate the extent of the client’s right to use the work created. Barring a contrary agreement, the general rule is that a professional engaged for a fee to create copyright materials retains copyright, with the client having an implied license to use the work for the purpose for which it was created.
  • For example, if a lot owner engages a solicitor to prepare a by-law, the solicitor will retain copyright in the template by-law and the client will have an implied license to use it for the intended purpose, being to procure that the owners corporation make a by-law in that form. This would extend to ancillary activities such as circulating an agenda, recording minutes and registering the by-law made. It would not extend to making further by-laws in the future without the solicitor’s agreement.
  • A professional whose copyright has been infringed may demand compensation and corrective action, such as an undertaking not to further infringe the copyright. Failing that, the professional may feel compelled to commence proceedings to protect his or her copyright, which can be a very expensive exercise for the other party.

If you would like to reuse a copyright document which you do not have permission to use, your best and cheapest option will generally be to contact the copyright owner and try to work out an arrangement.
We have considerable experience with these issues and could help you manage difficulties in this area. For further information or assistance in this area please contact us at or on 02 9929 0226.

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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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