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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 you have to be so cruel, don’t you know I am a tenant too?

Categories: Tenants

It is common to see tenants wanting to undertake various works on common property particularly in a commercial setting.  However, the owners corporation may be reluctant to authorise a tenant to undertake works to the common property for reasons including the ongoing repair and maintenance obligations.

Yet, to get around this situation, a tenant may consider the following options:

  1. Liaise with the landlord ( i.e. owner of the lot) to obtain a by-law authorising the proposed works that the tenant would like to undertake; or
  2. The owners corporation may enter into a licence agreement with the tenant directly.

Provided that the landlord agrees to obtain a by-law authorising the works under section 108 of the Strata Schemes Management Act 2015, the owners corporation will generally expect conditions, such as, the lot owner being responsible for the ongoing repair and maintenance of the works, be addressed in the by-law. These obligations would usually be passed over to the tenant as part of the tenancy agreement between the landlord and the tenant.

The by-law option is arguably the most straightforward approach to get approval from the owners corporation if a tenant wishes to undertake works on common property.

What if the landlord does not agree to a by-law?

In the event that the landlord does not agree to be held responsible for a tenant’s work for any reasons, the tenant may consider entering into a licence agreement with the owners corporation. This will ultimately allow the tenant to achieve the same outcome without involving the owner. Although, it remains a matter for the owners corporation to whether they are willing to enter into such agreement with the tenant.

Content of a licence agreement

The common provisions stipulated in these licence agreement include:

  • Bond clause-which requires the tenant to pay a bond to the owners corporation and entitles the owners corporation to make a claim against the bond money in events such as the tenant fails to remove works installed on common property at the end of the licence period;
  • Licence fee under the licence agreement payable by the tenant;
  • The tenant’s obligations under the licence agreement including not to install anything else in the licensed premises that affects the common property other than the works stipulated in the licence agreement; and
  • Indemnity clause- which requires the tenant to indemnify the owners corporation against any liability or loss arising from the works on common property.

It is very important to carry out a thorough review of the licence agreement to ensure that the negotiation between the parties are mirrored in the contractual document. In particular, a tenant should carefully consider the scope set out in the indemnity clause to mitigate exposure of risks.

We have considerable experience in assisting tenants and landlords on these issues and are available to provide more specific and detailed advice to the circumstance.

Contact us

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

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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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