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I am envolved with 3 strata schemes and each manager is giving different advise as to what must be done in regards to Reviewing Strata Bylaws under the new NSW act
I am told the the new strata act requires the Body Corporate to “review” its Bylaws.
I can not find a definition of Review.
I understand the existing by laws can be considered and a decision made to change nothing , change a bit , or change a lot of the bylaws.
Some managers are say it is compulsory to amalgamate all existing By laws.
NSW Land and Property information advised me , we are not required to do any amalgamation now, but they must be amalgamated the next time a new bylaw is to be registered.
Regarding registering an amalgamated by law, one manager said special use / exclusive use by laws are to be delt with seperately or diffent to other bylaws.
Any clarification of what the New NSW act requires in relation to Review and amalgamation of Bylaws would be appreciated
Thank you
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The strata laws don’t define what a ‘review’ is. I guess the intention of this new provision is for all schemes to sit down and talk about their by-laws. Many schemes haven’t discussed/amended their model by-laws in decades. This gives them a chance to bring their by-laws up to date.
A resolution at a general meeting should suffice to confirm your scheme has ‘reviewed’ its by-laws. However if others have a different opinion, I would be happy to hear it.
When words aren’t defined in a statute/law their meaning reverts to the next best interpretation. Is it defined in another similar law? Does that interpretation make sense? If there is no other statutory interpretation the definition reverts to it’s ordinary meaning as in the dictionary.
I would say that as long as the strata agenda lists a review of the bylaws as being for discussion and the minutes note that that discussion took place and the outcome every thing would be ok.