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For the unitiniated, Section 141(4) says this:
A notification [of new by-laws] cannot be lodged in the Registrar-General’s office more than 6 months after the passing of the resolution to make the by-law.
So, on the face of it, those by-laws would appear to be invalid. But what does this actually mean?
In real terms, it means that anyone who is sent a Notice To Comply with one of these by-laws can ignore it or reply that the by-law was invalid so the breach can’t exist. Chances of that happening in world where a lot of apartment residents think by-laws are optional? Very low.
The smart thing for your strata scheme to do would be to re-table the by-laws at the next AGM and in the meantime pretend that they are valid on the basis that the kind of people who wilfully breach by-laws won’t know the difference.
