New by-laws with new law?

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Forums Strata law reform New by-laws with new law?

Viewing 7 posts - 1 through 7 (of 7 total)
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  • #2054
    Ash
    Member

     

    Hi Amanda,

    Is my building automatically going to get a new set of by-laws when the new law comes in? I am in a pre 1996 scheme. 

    #2060
    Amanda Farmer
    Expert

    Hi Ash, thanks for your question. This is one many people are asking.

    No, your building will not automatically get a new set of by-laws when the new law comes in on 30 November 2016.

    There are new ‘model’ by-laws contained in the new legislation, but these will only apply to new strata schemes registered from 30 November 2016 (and only if the developer does not propose a unique set of by-laws).

    All strata schemes currently in existence will retain their current by-laws, whether those are the old ‘model’ by-laws, or unique by-laws you have adopted over the years.

    Of course, you do have the option to amend your by-laws and you can consider adopting all or any of the new model by-laws by special resolution at a general meeting if you wish to take them up.

    I hope that helps.

    Amanda.

    #2239
    Amanda Farmer
    Expert

    Hi Ash, just letting you know that this thread has been moved to the “Strata law reform” forum.

    #9128
    Dezza
    Member

    Hi Amanda,

    If our Strata has a pre-2015 set of by-laws that still referenced the 1996 Act. Is there a need to have these updated to reflect the new legislation or we can leave them as is, and they will continue to be enforceable?

    If there are new by-laws from the new Act, then does this mean that the strata will have two sets of by-laws, one from the old Act and then a new set from the new Act, or would they continue to be “consolidated” as the one document?

    Many thanks.

     

    #9132
    Amanda Farmer
    Expert

    Hi dezza,

    There are ‘savings’ provisions in the 2015 Act to the effect that any references to the old Act or old terminology in instruments such as by-laws can automatically be read as references to the equivalent parts/terminology of the new Act.¬† So there is no need to amend by-laws if updating those references is the only concern.

    When you say “If there are new by-laws from the new Act” – do you mean the Owners Corporation has¬†adopted¬†new by-laws, via special resolution?

    The new by-laws in the new Act do not apply unless an owners corporation has adopted them by special resolution. If they are going to do that, the usual process is to repeal all the old by-laws and replace them with the new by-laws. It may be a little more complicated than that if the scheme wants to keep some of its old by-laws, but not others (in effect, picking and choosing what it wants from the new legislation. A lot of schemes I have worked with on this exercise tend to do that). In that case, the scheme needs to be very clear about which by-laws it is repealing, which it is replacing and which it is adding.

    Amanda.

     

    #9152
    Dezza
    Member

    Thanks, Amanda.

    Yes, I was referring to “new” by-laws that would be adopted via special resolution in future.

    If we retained the old by-laws and then have additional ones, are these to be “consolidated” as one set or that there will now be two sets, one old and one new?

    Thanks again.

     

    #9155
    Amanda Farmer
    Expert

    Hi Dezza,

    One set, consolidated.

    Just be careful that if you’re retaining old and adopting new, you’re not doubling up.

    Amanda.

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