Special Arrangements made with NSW Land Registry Services to register consolidated by-laws.
The Strata Schemes Management Act 2015 requires every owners corporation to keep a consolidated up to date copy of the by-laws for its strata scheme. However, there is nothing in the Act which requires an owners corporation to register the consolidated set of its by-laws.
The only time an owners corporation needs to register a consolidated set of by-laws is when it resolves to make a change to its by-laws. In those circumstances, the consolidated set of by-laws incorporating any changes to the by-laws must be lodged for registration within six months of the meeting at which the changes are approved.
The requirement for every owners corporation to keep a consolidated up to date copy of its by-laws was introduced on 30 November 2016 on the commencement of the Strata Schemes Management Act 2015. Since then, most owners corporations have not made any changes to their by-laws as a result of which they have not registered their consolidated by-laws. This means there is no public record of a consolidated set of by-laws for most owners corporations.
Up until recently, NSW Land Registry Services was reluctant to register a consolidated set of by-laws where it did not record any changes to the by-laws. In other words, NSW Land Registry Services often would not permit an owners corporations to register a consolidated set of by-laws unless it had made changes to those by-laws within the last six months. This has made it more difficult for owners corporations to register consolidated by-laws to ensure there is a public record of those by-laws in a consolidated form.
We have recently made arrangements with NSW Land Registry Services to allow an owners corporation which wants to register a consolidated set of its by-laws (even though it has not made any changes to its by-laws) to do so. This will enable many owners corporations to register their consolidated by-laws to ensure there is a public record of them even though they have not made any recent changes to their by-laws. If you would like to know more about these special arrangements, please do not hesitate to contact us.
For NSW strata legal, building defect or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.