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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.


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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Why do I Need Approval to Renovate?

Categories: Approval

What do I own and what is Common Property?

One of the main questions we get from strata owners is, why do I need approval to renovate? Having a clear understanding of your strata plan, lot and common property can explain what you own and what you share. It is important for lot owners to establish these answers to ensure the strata scheme is correctly managed and who is responsible for what.

Owners wanting to make changes or undertake lot renovations may be required to obtain approval or a by-law from the owners corporation if the type of works affect common property. Any renovations within a lot that involves alterations, additions or removals such as flooring, plumbing and waterproofing, require a by-law.

The picture below is a typical strata plan. This does not necessarily tell you all of the details about lot and common property, which is described by the relevant legislation and case law.

The general rule (subject to exceptions) for the majority of strata schemes registered after 1 July 1974 is:

  • The solid thick line on the strata plan is common property.
  • The ceiling, the structure of the floor (including fixed tiles or floorboards), the electrical wiring located in the ceiling, external windows and balcony doors are generally all considered common property.
  • Any internal walls not shown on the strata plan are considered lot property.
  • Any structure located on a thin line is also usually considered lot property.
  • A lot owner is responsible for lot property, including carpet, light fittings, blinds, curtains, toilet bowls, bath tubs and kitchen cupboards.

Exceptions (as the general position is seen as a guide) include strata plans registered before July 1974, a limited extent notations on the plan can modify the general position and any by-laws, alterations, additions or removal of common property put in place after registration of the plan.

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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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