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).
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.
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.
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.
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!
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.
Step 7 Start Your Renovation!
Now that you have completed all the necessary steps you can start your renovations.
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 represented, you must lodge property transactions through PEXA.
Why is 11 October 2021 important?
On 11 October 2021, new changes to the land titles system in NSW will be introduced that will transition NSW away from paper-based processes.
The Real Property Amendment (Certificates of Title) Act 2021 makes several changes to legislation, importantly allowing for the cancellation of CTs and progressing NSW to 100% electronic lodgment of land transactions.
There are two significant changes from 11 October 2021:
After 11 October 2021, the CT will no longer be a legal document. However, the CT may be needed to satisfy requisitions or other administrative notices that were issued before 11 October 2021.
All dealings, regardless of the date signed, will no longer be accepted for paper lodgment. This may cause hardship to those who have prepared the dealing some time ago and are yet to lodge it.
How does a strata scheme proceed with consolidating and registering a scheme’s by-laws?
At the moment, the majority of consolidation/registration matters are carried out through PEXA. It’s quite a seamless process whereby documents are provided to the strata manager to complete and their signature and identity is verified online and the completed documents are uploaded to PEXA. Presently, the hard copy original CT is required to be issued to our office for the registration process. Soon, we will only need to verify the genuine electronic original CT is the most recent and contains the most updated version as opposed to receipt of the original CT.
If you’re needing assistance in navigating this process (namely consolidations/registrations with which we have experience), please don’t hesitate to contact us by telephone on 02 9929 0226 or via email at enquiries@bannermans.com.au.
Helpful Links
https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title/webinar-q-and-a
https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title
Please reach out for any reason at all. Our friendly staff are ready to help.
Postal address
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NORTH SYDNEY NSW 2059
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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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