2017 Autumn Newsletter

By February 9, 2017General News

Welcome to the Autumn 2017 edition of Illawarra Strata Management’s quarterly newsletter.  Please don’t disregard this information as it is extremely important and forms part of the obligations under the new Act.

CHANGES TO LEGISLATION

By Law Review and Consolidation

All owners corporations are now required to review their by-laws before 30th November 2017. This will require a committee or subcommittee being formed (or even all owners if appropriate) to review the existing by laws registered for your scheme, and consider the new model set as per the Act and Regulation. In addition, there are many management type of by laws that quite a few of our clients have that may be of interest to you.

No longer will schemes simply register the amendments or additions. Schemes are now required to lodge a consolidated version of their by laws on every change going forward.

Some of the things that the owners corporation may want to consider in the review are the changes to the existing Pet By Law, Smoking within schemes, hanging of washing and so on.

In addition, you may wish to consider minor renovations, major renovations, fire inspections, installation of air conditioning or even security system / key systems.

Remember that by laws, once registered, are your scheme’s binding set of laws that all residents must abide by and incorporate into their daily lives.

The Strata Schemes Management Act 2015 and the Strata Schemes Regulation 2016 states that a scheme’s by laws cannot be unfair, unjust or unconscionable. For this purpose the review should be taken very seriously to ensure that the new by laws that your scheme chooses to approve are right for your building, fair to all parties and are manageable.

A by law that is harsh or unconscionable is unenforceable.

Some links that may be of interest in relation to the compulsory by law review are shown below:

http://www.fairtrading.nsw.gov.au/sites/ftw/About_us/Have_your_say/Reform_of_strata_laws.page

https://www.domain.com.au/advice/the-21-new-nsw-strata-laws-you-really-need-to-know-20161122-gsuuo2/

http://www.bannermans.com.au/articles/strata-and-development/198-by-law-review-are-you-ready

All of the above are informative and make interesting reading and will help your scheme move in a positive direction towards creating great by laws for your building.

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