Strata plans registered prior to 1 October 1974
By-laws 1 to 29 of the Strata Titles Act 1973 (“STA”) applicable to strata plans registered prior to 1 October 1974 are not binding or enforceable: s42(2) of the Strata Schemes Management Act 1996 (“SSMA”). However, additions or amendments to those by-laws will be binding so far as they are capable of application to the current by-laws of the scheme.
Strata plans registered prior to 1 July 1997
The following by-laws apply to strata plans registered before 1 July 1997:
(a) By-laws 1 to 19 listed in Schedule 1 of the SSMA: s42 of the SSMA;
(b) By-laws added to by-laws 1 to 19;
(c) By-laws added to by-laws 1 to 29 of Schedule 1 of the STA;
(d) Any new by-laws amending, adding to or repealing the by-laws in (a), (b) and (c) above made before or after 1 July 1997 passed by the owners corporation in general meeting by special resolution and registered at Land and Property Information NSW.
Strata plans registered after 1 July 1997
The following by-laws apply to strata schemes registered on or after 1 July 1997:
(a) Developer by-laws registered with the strata plan; OR
(b) Model by-laws:
(i) for strata schemes registered before (but not including) 1 September 2005, the model bylaws contained in the Strata Schemes Management Regulation 1997; and
(ii) for strata schemes registered on and after 1 September 2005, the model by-laws in Schedules 1 to 6 of the Strata Schemes Management Regulation 2005; and
(iii) any new by-laws added to the strata scheme after 1 July 1997;
(iv) any registered amendments or repeals made to the by-laws in (a) and (b) above.
Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.