An accessibility infrastructure by-law is one form of ‘accessibility infrastructure resolution’ (defined in section 4(1) of the SSMA) which seeks to change the by-laws of the strata scheme for the purposes of the installation or use, or both, of ‘accessibility infrastructure’.

‘Accessibility infrastructure’ means a change to part of the common property (including installation, removal, modification or replacement) to facilitate a person with a disability having access to the common property or the lot in the strata scheme in which they reside.

Before approving an accessibility infrastructure resolution (and thereby, an accessibility infrastructure by-law), the owners corporation must consider the following:

• the cost and financing of the accessibility infrastructure and works including expected running and maintenance costs.
• who will own, install and maintain the accessibility infrastructure.
• the extent to which the use of the accessibility infrastructure will be available to all or some of the lots in the strata scheme.
• the extent to which not installing the accessibility infrastructure will cause or be likely to cause detriment to be suffered by the person requesting the installation, or a person on behalf of whom the installation of accessibility infrastructure is requested.
• whether the building can support the type of infrastructure required to provide access.
• other matters prescribed by the SSMR.

Approving an accessibility infrastructure resolution / by-law requires a special resolution of the owners corporation, though at a lower threshold than an ordinary special resolution. This special resolution requires:

• the resolution to have been passed at a properly convened general meeting; and
• of the value of votes cast – less than 50% are against the resolution.

How can we help?

Services which the Bannermans By-Law Team provides to owners corporations and owners:

• Review existing by-laws, following which the team can:
  • advise on the validity and suitability of current by-laws.
  • suggest new by-laws for the scheme’s circumstances (if applicable).
  • re-organise, index and digitise a scheme’s by-laws.
• Draft by-laws (including the associated motion and consent form).
• Attend to consolidation and lodgment of by-laws for registration with NSW LRS.

Services which the Bannermans Strata Dispute Team provides to owners corporations and owners:

• Provide advice.
• Represent you at meetings.
• Represent you at mediation, NCAT and appellate courts.

For more information on by-laws or any legal enquiries, please contact Bannermans Lawyers at 02 9929 0226 or at enquiries@bannermans.com.au.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

Prepared by Bannermans Lawyers

15 January 2026