A Guide to Understanding Strata By-Laws in Australia
Strata living is a popular housing choice in Australia, offering a sense of community and shared responsibility for property maintenance. However, living in a strata scheme also means adhering to a set of rules known as by-laws. Understanding these by-laws is crucial for all owners and residents to ensure harmonious living and avoid potential disputes. This guide will provide a comprehensive overview of strata by-laws in Australia, covering their purpose, creation, enforcement, common types, and dispute resolution.
1. What are Strata By-Laws?
Strata by-laws are a set of rules that govern the behaviour of owners, residents, and visitors within a strata scheme. They are designed to ensure the peaceful enjoyment of all lots and common property, and to maintain the overall appearance and amenity of the building or complex. Think of them as the community's constitution, outlining acceptable behaviour and responsibilities.
By-laws are legally binding and are registered with the relevant state or territory land titles office. They cover a wide range of issues, including:
Noise: Restrictions on noise levels, especially during certain hours.
Pets: Rules regarding pet ownership, such as size restrictions, breed restrictions, or requirements to keep pets on leashes in common areas.
Parking: Allocation of parking spaces and restrictions on visitor parking.
Garbage Disposal: Procedures for disposing of garbage and recycling.
Alterations to Lots: Rules regarding renovations or alterations to individual lots.
Use of Common Property: Restrictions on the use of common areas, such as swimming pools, gyms, or gardens.
Short-Term Letting: Regulations around short-term rentals like Airbnb.
It's important to remember that by-laws must be reasonable and cannot discriminate against any particular group of people. They must also comply with relevant state and territory legislation. For example, a by-law prohibiting all pets would likely be deemed unreasonable.
2. Creating and Amending By-Laws
The process of creating and amending by-laws varies slightly depending on the state or territory, but generally involves the following steps:
- Proposal: A motion to create or amend a by-law is proposed by an owner or the strata committee.
- Notice: All owners must be given notice of the proposed by-law and the opportunity to review it.
- Voting: The proposed by-law is put to a vote at a general meeting of the owners corporation. The required majority for passing a by-law varies depending on the state or territory, but is typically a special resolution (75% or more of votes in favour).
- Registration: Once the by-law is passed, it must be registered with the relevant land titles office to become legally binding. Homewardstrata can assist with navigating these processes.
Model By-Laws
Most states and territories have model by-laws that can be adopted by strata schemes. These model by-laws provide a starting point for creating a set of rules, and can be modified to suit the specific needs of the community. However, it's important to ensure that any modifications comply with relevant legislation and are reasonable.
Special Resolutions
As mentioned above, amending or creating by-laws typically requires a special resolution. This means that a higher threshold of votes is needed to pass the motion, ensuring that there is broad support from the owners corporation. This protects the rights of individual owners and prevents the imposition of unreasonable rules.
3. Enforcing By-Laws Effectively
Enforcing by-laws is the responsibility of the owners corporation, which is typically managed by a strata committee. The enforcement process usually involves the following steps:
- Complaint: A complaint is lodged with the strata committee regarding a breach of a by-law.
- Investigation: The strata committee investigates the complaint and gathers evidence.
- Warning Notice: If the committee finds that a breach has occurred, a written warning notice is issued to the person responsible.
- Notice to Comply: If the breach continues, a formal notice to comply is issued, outlining the required action and a timeframe for compliance.
- Penalty: If the person fails to comply with the notice, the owners corporation may impose a penalty, such as a fine. The maximum penalty varies depending on the state or territory.
- Tribunal Application: As a last resort, the owners corporation can apply to the relevant state or territory tribunal for an order to enforce the by-law. This is typically used for serious or persistent breaches.
The Role of Strata Management
A good strata management company, like Homewardstrata, can play a vital role in enforcing by-laws effectively. They can provide advice to the strata committee on the legal requirements, assist with investigations, issue notices, and represent the owners corporation at tribunal hearings. Their experience can help to streamline the enforcement process and ensure that it is fair and consistent. You can learn more about Homewardstrata on our about page.
4. Common Types of By-Laws
While specific by-laws vary from scheme to scheme, some common types of by-laws include:
Noise Restrictions: These by-laws aim to minimize noise pollution, especially during nighttime hours. They may specify acceptable noise levels and restrict activities that are likely to generate excessive noise, such as loud music or power tools.
Pet Ownership: These by-laws regulate pet ownership, often addressing issues such as the number of pets allowed, size and breed restrictions, and requirements for keeping pets on leashes in common areas. Some by-laws may require owners to obtain permission from the owners corporation before bringing a pet onto the property.
Parking: These by-laws allocate parking spaces to individual lots and regulate visitor parking. They may also restrict parking in common areas or prohibit the parking of certain types of vehicles, such as commercial vehicles or trailers.
Garbage Disposal: These by-laws outline the procedures for disposing of garbage and recycling. They may specify designated garbage collection areas, recycling requirements, and restrictions on the types of items that can be disposed of.
Alterations to Lots: These by-laws regulate renovations or alterations to individual lots. They often require owners to obtain permission from the owners corporation before making any structural changes or alterations that may affect the common property or the appearance of the building. It's important to understand what we offer in terms of guidance for these situations.
Short-Term Letting: These by-laws regulate short-term rentals, such as Airbnb. They may restrict the number of days a lot can be rented out, require owners to register their property with the owners corporation, or impose additional rules on guests.
5. Resolving By-Law Disputes
Despite the best efforts of the owners corporation, disputes over by-laws can arise. When this happens, it's important to try to resolve the dispute amicably before resorting to legal action. Common methods for resolving by-law disputes include:
Mediation: Mediation involves a neutral third party who helps the parties involved to reach a mutually acceptable agreement. This can be a cost-effective and less adversarial way to resolve disputes.
Internal Dispute Resolution: Many strata schemes have internal dispute resolution procedures in place. This may involve a meeting between the parties involved and a representative of the strata committee to try to find a solution.
Tribunal Application: If mediation or internal dispute resolution fails, the parties can apply to the relevant state or territory tribunal for a binding decision. The tribunal will hear evidence from both sides and make a determination based on the applicable legislation and by-laws.
Seeking Professional Advice
Navigating strata by-laws and resolving disputes can be complex. It's often helpful to seek professional advice from a strata lawyer or a strata management company. They can provide guidance on the legal requirements, assist with dispute resolution, and represent your interests in tribunal hearings. Check out our frequently asked questions for more information.
Understanding and adhering to strata by-laws is essential for harmonious living in a strata scheme. By familiarizing yourself with the rules, participating in the decision-making process, and seeking professional advice when needed, you can contribute to a positive and well-managed community.