Legal & By Laws

    By-laws are rules which regulate behaviour of owners and tenants within strata or community title schemes. They enable more harmonious communities and protect the property asset.

    All owners and tenants must obey by-laws and responsibilities under each state’s relevant strata and owners corporations Acts. An owners corporation may issue a notice to comply
    where a by-law has been breached.

    MaGrath Strata strata managers are experienced in mediating by-law disputes and finding resolutions, within the confines of the particular Acts. We maintain close relationships with law firms specialising in the strata industry in all our states of operation, and keep up to date with all new case law and by-law changes.

    By-laws New South Wales

    Strata schemes existing before the beginning of the Strata Schemes Management Act July 2 1997 have their by-laws set out in Schedule 1 of the Act, along with any amendments made to those by the owners corporation. Strata schemes registered after the start of the Strata Schemes Management Act 1996 on July 1 1997 must choose and register their own by-laws. MaGrath Strata managers can assist the executive committee in either following the guidelines given in the Act Regulations, or preparing bespoke by-laws.

    In September 2010, the Strata Schemes Management Regulation 2010 was introduced, which makes some amendements to the Act. Your strata manager can provide information on any changes applicable to by-laws in your scheme.

    Owners corporations can amend or cancel any of the by-laws through special resolutions,
    as long as they are not inconsistent with the Act or any law.

    By-laws Queensland

    Bodies corporate and community titles in Queensland fall under the Body Corporate and Community Management Act 1997.

    Community title schemes may include an ‘exclusive use by-law’, which gives the occupier
    of a specific lot within the scheme for the time being exclusive use to the rights and enjoyment of, or other special rights about —

    (a) common property; or
    (b) a body corporate asset.

    By-laws Victoria

    The Owners Corporations Act 2006 and Owners Corporations Regulations 2007 provide the regulations for Victorian owners corporations for the control, management, administration, use or enjoyment of the common property of lots.

    By special resolution, the owners corporation can make or change rules or decide to rely on the model rules set out in the Owners Corporations Regulations 2007.

    Owners corporations can apply to the Victorian Civil and Administrative Tribunal to enforce rules, and the tribunal can enforce penalties for breaches of the rules.