Consolidation of Bylaws
On 30 November 2016, the Strata Schemes Management Act 2015 and the Strata Schemes Management Regulation 2016 replaced the previous Act and Regulations.
A significant requirement of the new Act is for the consolidation of all strata schemes bylaws. This applies to all schemes notwithstanding their size; i.e. any strata scheme with two (2) or more lots is required to comply. The SSMA 2015 requires the consolidation of bylaws to be complete by 29 November 2017.
This process will require at least two (2) general meetings (EGM, AGM) to be conducted to complete the process. The purpose is to ensure that all of a single strata schemes bylaws are available from the Land Registry Services as a single document. A strata scheme will not be able to register any new bylaws until such time as the consolidation has been completed.
This is the appropriate time for all strata schemes to review their bylaws by the repeal of old or out dated material; adopting new model bylaws or implementing newly drafted bylaws. Your plans review may end up adopting a mixture of all those options.
In many cases this may require extensive work by your strata committee or elected owners who are to conduct the review and make recommendation to the Owners Corporation. It is most likely that a strata solicitor will need to be engaged.
With the deadline set by the legislation to consolidate bylaws well passed there is still a significant number of strata schemes who have not undertaken this requirement. Our experience has shown that self-managed schemes particularly have not complied with their legislative requirement. Those schemes that have not done so will have to undertake a review and consolidation before they can register any new bylaw their scheme wishes to include.