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[Peter T]

This has probably been asked and answered many times previously but grateful for any wisdom:

The 1996 act provides that the model by laws for a pre existing scheme are those set out in Schedule 1 of the SSMA

(s 42- https://www.legislation.nsw.gov.au/maintop/view/inforce/act+138+1996+cd+0+N)

For a ‘new’ scheme the SSMA states the by laws are those adopted and registered, leaving it open to such a scheme to adopt the model by laws, a variation of them or others should owners wish.

SSM Regulation 1997 s 23 simply states the Model By laws Residential Schemes are in Schedule 1. No reference to pre or post 1996 schemes ( since repealed)

https://www.legislation.nsw.gov.au/maintop/view/repealed/subordleg+279+1997+cd+0+Y

SSM Regulation 2005 s 27states Model By laws Residential Schemes  are set out in Schedule 1. No reference to pre or post 1996 schemes (since repealed)

https://www.legislation.nsw.gov.au/maintop/view/repealed/subordleg+505+2005+cd+0+Y

SSM Regulation 2010 s 27 and Schedule 2 sets out Model By laws for residential strata schemes (in force). No reference to pre or post 1996 schemes

Query: whether a pre 1996 strata that has not in general meeting adopted later model by laws is subject to the by laws in Schedule 1 of the SSMA 1996, as amended by any motion passed as a special resolution in general meeting and registered with Land and Property Information; or was subject automatically to the later versions of model by laws when the 1997 and 2005 regs were in force, and without the need for resolution or registration is now subject to the by laws in Schedule 2 of the 2010 Reg?

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