By-laws – NSW
New strata laws apply in New South Wales from 30 November. SSKB has reviewed these new laws and in response to enquiries from our clients, we address five of the major changes that will affect your community. If you have any further questions regarding these changes, please contact your SSKB strata manager.
Amongst the innovations being implemented from the end of November will be by-laws dealing with smoking that intrudes into the common property or another person’s lot. SSKB covered this issue in depth last year. You can catch up with the article here.
These reforms will also amend the model by-laws to make it easier to keep pets.
The legislation provides two options for Owners Corporations:
Or, if an Owners Corporation decides to have by-laws regarding the keeping of pets, the Legislation recommends making sure the by-laws reflect Option B:
If an Owners Corporation’s by-laws make no specific mention of pets, it will be deemed that Option A applies.
SSKB recommends that all Owners Corporations compare their by-laws with the model by-laws provided by the New South Wales government as a guide to deciding their own enforceable by-laws. The new legislation requires all existing schemes to review and, if required, lodge by-laws within 12 months of the legislation being introduced.
Over the next couple of months, SSKB will be liaising with industry legal specialists to look at ways to help Owners Corporation committees to convenient and comprehensively ensure their by-laws are compliant.
According to the New South Wales Department of Fair Trading, the strata reforms will allow schemes to take more action against the misuses of parking spaces and excess noise, as well as introduce increased fines for non-compliance.
The changes will introduce measures to help address overcrowding in strata schemes. This has been an issue which has made the news with respect to overcrowding in student accommodation in Sydney.
If you would like to know more about this change and others which are coming from November 30, the Strata Schemes Management Regulation 2016 is available here.