Once your by-law has been passed by special resolution at a general meeting of the Owners Corporation, there is one more step you will need to undertake before your by-law is enforceable: Registration.
This step is often forgotten as many lot owners assume that having a by-law passed at a general meeting is sufficient. However this is not the case. Your by-law must be registered at the NSW Land Registry Services (LRS) within six months of being passed.
If this is not done, the by-law will not be enforceable and will need to be re-passed at another general meeting and then registered within the stipulated timeframe.
What are the steps to getting a by-law registered?
1.Once your by-law is passed, let us know and we will prepare the relevant registration forms;
2.The registration forms will need to be signed by your strata manager or relevant committee
3.The forms will need to be returned to us by post;
4.Once received, we lodge the forms electronically with the LRS via PEXA;
5.The LRS will provide confirmation of registration (this can take between one to three weeks);
6.Once confirmation is received, the by-law is in force and registered on the title of the strata
One of the benefits of using our registration service is that we will always provide the Owners
Corporation with a copy of the word formatted consolidated by-laws once registration is complete.
This is particularly useful given that each time a new by-law is added or the existing by-laws are amended, a word version of the consolidated by-laws is needed to prepare the registration forms. Having an up to date word formatted copy of the consolidated by-laws on the books and records of the scheme also ensures that the Owners Corporation is fulfilling their obligation under s 141(3) of the Strata Schemes Management Act 2015.
If you have any further questions or need assistance with your by-law registration, please contact our Newcastle or Sydney office on 02 4032 7990 or 02 8706 7060.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Laura Cashman & Jasmin H.Singh
Kerin Benson Lawyers