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

Categories: By-Laws, Strata

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:

  1. A request form will need to be signed and executed by the strata manager. This request form is to be submitted to New South Wales Land Registry Services (NSWLRS) and provides NSWLRS with a clear explanation as to what dealing needs to be amended and what by-laws need to be added.
  2. A statutory declaration will need to be also signed and executed by the strata manager and in the presence of a justice of the peace or a solicitor. This will also be submitted to NSWLRS. In the statutory declaration, the strata manager declares that the most recent dealing was incorrectly registered as it omitted previously registered by-laws. The declaration also explains that an updated consolidation of by-laws has been attached and the error has been corrected. The justice of the peace or solicitor must confirm that they were in the presence of this person when the declaration was made and that they were able satisfy the conditions that verifies the identity of this person.
  3. An approved form 23 will also need to be executed and submitted to NSWLRS. This is a very common form that most strata managers should be very familiar with. Recently, NSWLRS has updated the conditions for the execution of an approved form 23. It needs to be sealed with the Owners Corporation stamp as well as signed. If this signature was executed electronically, it must now include the following statement; “Electronic signature of me, [..insert name..] affixed by me, or at my direction, on [..insert date..]

From here, the above documents are lodged with NSWLRS and the issue should be rectified in no time!
If you have any further questions or would like Bannermans to assist in the fixing of a consolidated set of by-laws, please reach out!

Contact us

Please reach out for any reason at all. Our friendly staff are ready to help.

Postal address

PO Box 514
NORTH SYDNEY NSW 2059

T (02) 9929 0226
F (02) 8920 2427

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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