Review your building's rules — Quarter

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Rules nobody has read are rules nobody follows.

Get your by-laws reviewed, updated and properly registered — so they hold up when somebody tests them.

Where is your building?

The job is the same everywhere. The rules, the words and the money are not. Pick your state or territory and we will show you the version that actually applies.

New South Wales

NSW

Strata Schemes Management Act 2015

New South Wales is the jurisdiction where the registration step catches the most buildings out. A change to your by-laws is passed by special resolution at a general meeting — and then...

Read the NSW guide

Victoria

VIC

Owners Corporations Act 2006

Victoria calls them rules rather than by-laws, and an owners corporation that has never made its own runs on the model rules in the regulations. Those are lawful but generic. Making your...

Read the VIC guide

Queensland

QLD

Body Corporate and Community Management Act 1997

Queensland keeps its by-laws inside the community management statement, which makes changing them a different exercise from anywhere else: you are not amending a by-law, you are recording...

Read the QLD guide

Western Australia

WA

Strata Titles Act 1985

Western Australia splits its by-laws in two: governance by-laws about how the strata company runs itself, and conduct by-laws about what people may do in the building. The two are amended...

Read the WA guide

South Australia

SA

Strata Titles Act 1988 and Community Titles Act 1996

South Australia's answer depends on which Act created your scheme. Strata corporations under the Strata Titles Act 1988 have by-laws; community corporations under the Community Titles Act...

Read the SA guide

Tasmania

TAS

Strata Titles Act 1998

Tasmanian bodies corporate have by-laws under the Strata Titles Act 1998, and because most Tasmanian schemes are small and self-managed, the by-laws are usually whatever was registered at...

Read the TAS guide

Australian Capital Territory

ACT

Unit Titles (Management) Act 2011

The ACT calls them rules, and an owners corporation that has not made its own is running on the default rules in the Unit Titles (Management) Act 2011. Making your own takes a special...

Read the ACT guide

Northern Territory

NT

Unit Titles Act 1975 and Unit Titles Schemes Act 2009

Northern Territory by-laws sit under whichever Act created your scheme — the Unit Titles Act 1975 or the Unit Titles Schemes Act 2009 — and are lodged with the Land Titles Office....

Read the NT guide

Why this is worth doing properly

A by-law is the only thing standing between a shared building and an argument about what people may do in it. It is worth having ones that are current, that are enforceable, and that a court or tribunal would actually uphold.

Unregistered changes do nothing
In most jurisdictions a change to your by-laws has no legal effect until it is registered. Buildings routinely pass a resolution, file the minutes and believe the job is done. It is not, and the gap is only discovered when somebody is asked to comply.
Unreasonable rules are unenforceable rules
A rule that is harsh, oppressive or unreasonable can be struck out, and a blanket ban is the usual culprit. A building that over-reaches ends up with less enforceable than one that drafted narrowly in the first place.
Old rules describe a building that no longer exists
Short-stay letting, electric vehicles, e-bike batteries, working from home and renovations have all arrived since most rule sets were written. Silence on a live issue is what produces the dispute.
It is cheap compared with the alternative
A few hours of a strata lawyer's time against a tribunal matter that runs for a year. This is the one place in a building's budget where legal advice reliably pays for itself.

Other things to get done

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