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Understanding by-law

What are by-laws?1

By-laws are the rules and regulations that are specific to a Strata Company. 

They are categorised into 2 types;

Schedule 1      Governance   

Schedule 2      Conduct

Governance by-laws

These by-laws deal with the governance of the scheme.  Things such as how the Council of Owners are elected; the roles of the Office Bearers (chairperson, secretary & treasurer); the powers each position has; and how meetings are held and conducted are considered Governance by-laws.

Conduct by-laws

These by-laws deal with how people must behave and include any restrictions or limitations that are specific to the Strata Company.  Things such as parking; noise; drying of laundry (always a contentious one); signage; floor coverings; renovations; pets, are considered Conduct by-laws and help occupants understand what the rules area regarding the Strata Community they live in.

What happens if someone breaches the by-laws?

If someone has been breaching a by-law and refuses to adhere to the rules, the Strata Company or an Owner may make an application to the State Administrative Tribunal (SAT) for an order to force the person to comply.  This order can also include a financial penalty of up to $2,000.

There are several conditions that must be met before an application can be made to the SAT,  however if there is a strong communication process in place and occupants understand what the rules and regulations are, an application to SAT is usually a last resort.

Where can I find the by-laws for my property?

All by-laws must be registered on the Strata Plan/Survey Strata Plan and copies can be ordered at any time from Landgate or downloaded from our website once logged in.

i.fresh strata is a member of STIWA National Community Titles Institute Urban Development Institute of Australia i.fresh strata support Carbon Neutral Make Poverty History