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…

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 consider the following options: Liaise with the landlord ( i.e. owner of the lot) to obtain a by-law authorising the…

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…

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, it is important that lot owners and owners corporation are aware of the requirements for written consent when making or…

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 by waiver form was permitted but only applicable for 12 months up until 22 March 2022. If you are legally…

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 those persons or others reusing the document for a similar transaction in the future, without the consent of the professional….

The What’s and Why’s of VOI’s

There appears to a great deal of confusion regarding the verification of identity (VOI) process and in this factsheet we aim to clarify what VOI is all about. Why do I need to undertake a VOI? The Australian Registrars’ National Electronic Conveyancing Council’s Model Participation Rules (Rules) set out strict criteria which law firms must comply with. As part of these obligations, law firms are required to verify the identity of any party that signs…