Do your strata by-laws keep pace with strata law changes?
In Nov 2016, every owners corporation was required to review its by-laws within 12 months.
Most owners corporations completed their by-law review by 2018.
Since then, there have been numerous changes to the laws affecting strata buildings.
Strata law changes affecting strata buildings
They include substantial changes to the laws regulating:
- Short term rental accommodation arrangements – a by-law can now ban short term lettings in certain circumstances;
- Pets – a by-law can no longer ban pets and by-laws that do are not enforceable;
- Renovations – the Design and Building Practitioners Act 2020 now applies to many renovations – do your renovations by-laws require owners to comply with the Act?;
- Fire Safety – news fire safety laws will be introduced to increase fire safety standards for strata buildings – do your by-laws allow your owners corporations to recover fire safety upgrade costs from owners?;
- Sustainability Infrastructure – new strata laws relax the requirement for approval of sustainability infrastructure such as solar panels and electric vehicle charging stations;
- Levy Recovery – there remains controversy about recovery of debt collection costs – do your by-laws allow these costs to be recorded in an owner’s ledger and recovered by the owners corporation?
Do your by-laws take into account these changes to the law?
If not, they might not be enforceable or they might simply be outdated.
So is it time to again review your by-laws? We have conducted 100’s of by-law reviews for owners corporations across NSW.
Adrian Mueller I BCOM LLB FACCAL I Partner
Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked