Topic: Effective date of Model By-Laws – FLAT CHAT

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06/02/2011 at 2:38 pm #7228 Reply | Quote
Anonymous
The Strata Schemes Management Regulation 2010 commenced on 1 September 2010.

The revised Model By-Laws in Schedule 1 will apply to new schemes registered from 1 September and OFT under its “what's new tab” also say “These by-laws will apply to new schemes registered from 1 September, but existing schemes can also adopt the by-laws by passing a special resolution.”

Our Registered Strata Plan Form 1 registered on 4 March 2004, state “RESIDENTIAL Model By-Laws adopted for this scheme. Keeping of animals: Option B”.

The Plan notation does not state a “time specific” set of Model By-Laws, so is my contention that we are automatically subject to the Model By-Laws that are now appearing in the S.S.M. Act. I contend that the Owners Corporation does not have to adopt the newer version to be subject to them, otherwise we would be stuck in the past, unless we held an Owners meeting to pass a special resolution. I do note however Section 41 (2) of the Act that reads “The by-laws in force for a strata scheme are the by-laws adopted by or lodged with the strata plan registered by the Registrar-General for the strata scheme, as in force at the date of lodgment, subject to any amendment, repeal or addition recorded by the Registrar-General under section 48.”

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Reply To: Effective date of Model By-Laws

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