By-laws form the foundation of how strata communities function. They regulate day-to-day behaviour, outline residents’ rights and responsibilities, and help maintain order and harmony in shared living spaces. Whether you’re an owner, tenant, or committee member, understanding by-laws is essential to living and operating within a strata scheme.
What Are Strata By-Laws?
By-laws are the set of rules adopted by a strata community to manage common property and the behaviour of residents. They can cover a wide range of issues—from noise restrictions and pet ownership to parking, use of balconies, and renovations within lots.
By-laws apply to everyone in the community, including lot owners, tenants, and visitors. They are enforceable and must be followed once legally adopted.
Common Types of By-Laws
Some of the most common by-laws found in strata communities include:
- Noise – Limits on loud music, parties, or disruptive behaviour at certain hours.
- Pets – Rules around whether pets are allowed, how they must be controlled, and approval processes.
- Parking – Guidelines on where residents and visitors can park and what is considered a breach.
- Renovations – Requirements for approval before making alterations to your lot, especially if they affect common property.
- Use of Common Property – How shared spaces like pools, gyms, and gardens can be used.
By-laws can vary significantly between strata schemes, so it’s important to review your community’s specific by-laws.
Who Makes and Changes the By-Laws?
By-laws are typically adopted when the strata scheme is first established, often based on standard templates. However, they can be changed or added by the owners through a formal voting process at a general meeting.
To change a by-law, a special resolution is generally required, which means more than a simple majority must vote in favour. Once passed, the new by-law must be formally registered with the relevant authority before it becomes enforceable.
Are There Limits to What By-Laws Can Say?
Yes. By-laws must be reasonable and cannot be oppressive, discriminatory, or restrict the lawful use of a lot. If a by-law is found to be invalid or unfair, it can be challenged through dispute resolution channels.
How Are By-Laws Enforced?
Enforcing by-laws is typically the role of the committee or the strata manager acting on their behalf. If someone breaches a by-law, there are steps that can be taken:
- Initial Discussion – Often, issues can be resolved informally with a conversation.
- Formal Notice – If the breach continues, a formal notice may be issued.
- Dispute Resolution – In unresolved cases, the matter can escalate to mediation or a tribunal, where orders can be made to enforce compliance.
It’s worth noting that some schemes choose to outsource enforcement processes to strata managers or legal professionals to ensure objectivity and compliance with procedure.
Reviewing and Updating Your By-Laws
It’s a good practice for committees to review by-laws periodically to ensure they remain relevant and lawful. Changes in lifestyle trends (like pet ownership or short-term letting), updates to legislation, or challenges within the community may prompt a review.
When updating by-laws, committees should also consult legal professionals or their strata manager to avoid drafting rules that could be challenged or rendered unenforceable.
By-laws are a vital part of strata living. They help communities function smoothly by setting clear expectations and resolving issues fairly. Staying informed and involved in how your by-laws are made, applied, and reviewed is the best way to protect your rights and contribute to a harmonious community.
If you’re unsure about your scheme’s by-laws or think they may need updating, contact your SSKB Community Manager for guidance. We’re here to help you navigate the process and ensure your community operates with clarity and fairness.
New: Report By-Law Breaches Easily with the SSKB App
To help committees and building managers manage by-law compliance more efficiently, we’ve introduced a new Breaches tile in the SSKB app. This tool makes it simple for authorised users to report potential by-law breaches in a few easy steps, ensuring matters are addressed through the correct process.
Here’s how it works:
- Authorised users (Committee Members and Building Managers) can log a potential breach through the app.
- A ticket is raised with our team to review the matter.
- If a breach appears to have occurred, the request is approved, and a formal feedback process commences with the Committee.
The feedback period runs for 72 hours, via both the app and email, so all Committee Members can conveniently provide input. If a majority decision to issue a breach notice is reached within that timeframe, the feedback window closes, a tally is presented, and our team will issue a formal notice to the party involved on behalf of the Body Corporate.
All breaches are securely logged in a centralised database for your scheme’s records, ensuring clear, consistent documentation.
This new feature provides a streamlined, transparent way for committees and building managers to manage by-law compliance and maintain community standards effectively.
If you’d like to learn more about this feature or arrange access, reach out to your SSKB Community Manager.
