5.2.3 Amending, adding or repealing by-laws

Once the scheme is running the owners corporation can change existing by-laws and create new ones, for the better enjoyment or management of the strata scheme. Most by-laws can be changed or created by special resolution (75% majority vote) passed at a duly convened general meeting of the owners corporation. If, however, the by-law to be changed or added is designated as a special by-law it requires a unanimous resolution.

Any owner has the power to suggest or recommend changes and additions to the initial by-laws by submitting them as a motion to be voted on in any general meeting. However, in reality it is usually the executive committee that drives any changes.

The actual wording of the by-law is extremely important. It needs to give the powers or restriction as intended, be legally correct and clear and concise. It is strongly advised to have a specialist strata lawyer draft up any new by-laws or existing by-law amendments.

Your strata manager will help you with the procedural steps for proposing, passing and registering by-laws. In NSW this registration is done by the Land and Property Information (LPI) Titling and Registry Services group.

Relevant NSW Legislation: Strata Schemes Management Act (1996)

Division 3 – Amendment or repeal of by-laws, Sections 47 to 56