Help Centre
All information is general of nature and should not be taken as advice. Legislation varies by state and territory. If you are unsure, please contact us.
By Laws
What is a by-law?
It is a rule for living in that community, that has been made by that community.
There are laws that all strata communities in a particular state need to abide by, because they are state laws. A by-law is a 'law' that was raised within that particular community, and then the majority agreed that yes that should be a rule for all of us living within our community.
By-laws need to be considered and considerate. They should keep everyone safe and treated fairly.
Where to find your by-laws
As an Owner
You should have received a copy when you moved in. But if you did not, ask someone on the committee for a copy.
As a Tenant
Your real estate agent or landlord has to provide you with a copy before you sign the rental contract.
Restrictions on by-laws
By-laws should treat everyone fairly, and there are restrictions on what these can and cannot include. For example, by-laws cannot:
- Conflict with existing state laws or community by-laws
- Be harsh, unconscionable or oppressive
- Prevent someone from selling or leasing their lot (however, it is permitted in some states to ban short stay accommodation, check your local state legislation.)
- Ban children
- Ban an assistance animal or impact that animal's ability to fulfil its duties
- Ban a resident from having a pet, unless that pet is unreasonably interfering with others in the community. Such as if it is dangerous.
Common by-laws
Resolutions that a community may pass regarding by-laws often include subjects like:
- Pets (but there are limitations and they can't be banned altogether. Read about pets here.)
- Parking
- Renovations
- Gardens
- Balconies
- Noise
- Smoking
Examples of Common by-laws
Gardens
Clearly defining what is common property and who is responsible for maintaining it.
Parking
Often residents park in visitors carparks, a by-law can restrict visitor parking for visitors only.
How to make or change a strata by-law
Anyone in the community can propose a new by-law for consideration in the community. There are some rules in doing so.
1. Speak with neighbours first
Your community may not share your viewpoint on this particular matter, so before you go down the process of drafting, proposing and voting on your suggestion, speak with some neighbours to see if you're on the same page.
2. Write your proposal
Now it is time for you to write out your proposal that the community will vote on. Remember to write it out in a fashion where the community is clearly voting For, Abstain or Against this matter. See notes under meetings for some tips.
Simple proposals can be managed by yourself with some help from online resources or your community, such as installing an aircon on an external wall.
For more complicated matters (such as wanting to do an extension for a second bathroom) it is best to work with a strata lawyer. As ambiguity in the law could bite you down the track.
3. Write Explanatory Note
Explanatory Notes are exactly what they sound like, additional information explaining your proposal. Each state is slightly different, but keep them below 300 words.
4. Submit by-law proposal and explanatory note
After everything has been written up and checked by someone in your community or family member (or strata lawyer if necessary) it is time to submit it to the secretary. There should be opportunity to add this after a meeting has been called, whether it is a general meeting or AGM.
5. Vote at the meeting
Just like with your other agenda items at your meeting, this is one to be voted on. In most states, getting just 50% more than the votes is not enough to pass a by-law, it may be 75%, 90% or even unanimous. Check your state resources and meetings for more info.
If the by-law reached this threshold, then it is passed, and officially part of the rules for the community.
6. NSW only
The owners corporation must register any change to the strata by-laws with NSW Land Registry Services (NSW LRS) within six months of approving the change. If they don’t register in time, the owners corporation will need to pass another resolution to support the by-law. Changes to by-laws are not valid or enforceable until they are registered by NSW LRS.
Breach of a by-law
As always, try work through it together amicably as a community. We're all only human and the vast majority of us are reasonable people that are doing our best.
If you have checked the by-laws and are certain one is being broken, here is a step-by-step suggestion for you to go through.
1. If comfortable, speak with your neighbour
We're only human. Maybe your neighbour doesn't realise they are doing the wrong thing
2. Inform the Committee
A committee member may then reach out to this resident to let them know of the issue and ask them to follow the by-laws.
3. Notice to Comply
If the behaviour continues, a written warning is necessary. The notice can be sent via post and needs to include the details of the by-law that was broken. Check out this example from NSW for what a notice to comply could look like.
4. Mediation
If the issue continues, most states have a free mediation service to handle these sort of disputes. Check out our state resources links, or do a quick google search to find resources local to you.
5. Tribunal
If the issue unfortunately continues, it is time to go through a very tedious process of going through your local state's tribunal. Such as VCAT or NCAT.