Drafting Strata By-Laws

All Strata Solutions experience in drafting by-laws is essential, as properly drafted Strata by-laws are important to the efficient running of a strata scheme. We will provide advice on wording, structure and legal effect and provide advice to strata managers or those lot owners who may wish to propose their own amendments.

What are By-laws?

The By-laws are a set of rules for Strata schemes that regulate a variety of matters. The Act allows body corporate to either adopt standard by-laws, or to make rules that best suit individual circumstances. The body corporate executive committee should give copies of the by-laws to owners and occupiers, to ensure they are familiar with their rights and responsibilities as set out in the by-laws.

By-laws normally cover but are not limited to the following examples:

• Noise: Each owner is entitled to the quiet enjoyment of their lot or common property.

• Vehicles: Parking and visitor parking restrictions will generally apply.

• Obstructions: Lot owners may not obstruct the lawful use of common areas by others.

• Damage to common property: Lot owners must not, without the body corporate written approval, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.

• Behaviour of invitees: An owner or occupier of a lot must take reasonable steps to ensure that any occupier's invitees do not behave in a manner likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.

• Garbage: A lot owner must keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot, or on a part of the common property designated by the body corporate for that purpose.

• Appearance of the Lot: A lot owner must not make a change to the external appearance or structure of the lot.

• Pools: Strata bodies will use By-Laws to regulate the usage of the swimming pool and surrounding entertainment areas.

• Pets: Many strata bodies do not allow pets or have strict conditions on their use of common property.

It is imperative that if you are considering buying into a community title lot, that you read and understand the myriad of by-laws that you will inevitably face. As a strata manager All Strata Solutions can help you effectively draft By-Laws relating to any of the above issues.

If you would like more information on drafting by-laws or assistance with a Strata management issue, complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.