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 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.
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:
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.