Retrospective By-Law Approval

Quite frequently new owners in strata schemes are unaware of the requirement to obtain owners corporation approval pursuant to a by-law under section 65A and/or section 52 of the Strata Schemes Management Act 1996 (“SSMA”) before starting their renovation works which affect common property. The most common example is that the owner was told by their executive committee that it would be ok to commence the renovation work but only to be told after the fact that the owners corporation’s approval in general meeting is actually required.

There is no need to fret. 

In our experience, if your renovation work is not that contentious, you can still submit a section 52 of the SSMA exclusive use and/or special privilege by-law to the owners corporation for their retrospective approval in general meeting. For example, a lot owner who purchases a unit and later finds out that the Foxtel satellite dish or air-conditioning unit installed on common property which serves their lot, which was installed by their predecessor, was not formally approved by the owners corporation. A good by-law should retrospectively approve the works but also make the owner from time to time responsible for the works’ future maintenance, renewal, replacement and repair and also make the owner from time to time responsible for the proper maintenance of and keeping in a state of good and serviceable repair the common property affected by the works.

Lastly, the retrospective by-law needs to be registered to be legally enforceable.

If you require a retrospective by-law, we can help. 

Please note that the information contained in this article is not legal advice and should not be relied upon as such. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.