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 types of by-laws that a strata scheme may adopt include: By-laws to regulate the management, administration, control use or enjoyment…

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 request form will need to be signed and executed by the strata manager. This request form is to be submitted…

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 doors and windows. Items including pipes and electrical wiring that service multiple lots, and magnesite finish on the floor are…

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. In a recent case of the Owners Strata Plan 70989 v Afghan Community Support Association of NSW Inc, the respondent…