› Forums › Common Property › Exclusive Use Of Common Property › Current Page
@pend1lis said:
Otherwise it appears to By-laws registered and drastically different from those that were voted on.
Not sure what you intended to say there.
If the registered by-law differs from the by-law in the agenda for the general meeting, and there is no record of an amendment being agreed, then it should be challenged at NCAT where an adjudicator can rule a by-law invalid.
If a by-law hasn’t been registered within two years, it is not valid (see section 48 below). If it has been registered within that time, you have to go to NCAT to have it repealed.
48 What steps must an owners corporation take to make an amendment effective?
(1) An amendment or repeal of a by-law or, a new by-law, has no force or effect until:
(a) the owners corporation has lodged a notification, in the form approved under the Real Property Act 1900, in the Registrar-General’s office, and
(b) the Registrar-General has made an appropriate recording of the notification in the folio of the Register comprising the common property.
(2) A notification cannot be lodged in the Registrar-General’s office more than 2 years after the passing of the resolution for the amendment, repeal or new by-law.
