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[Jimmy-T]

I have said many time in these pages that when you look at the  different strata legislation in different parts of Australia, you could easily reach the conclusion that in devising their legislation, each government sat down, looked at the others and decided their first priority was to NOT do anything any of the others have done.

In compiling this guide to the various parameters for changing by-laws in each state and territory, it was immediately apparent that there is almost no common agreement on the threshhold required to make a significant change to by-laws (or rules or articles – whatever name they are given).

Basically they all, with the exception of Tasmania, require a Special Resolution.  But the implications of how you achieve change go far beyond the creation, amendment or removal of by-laws and reveal the democratic philosophies that underpin strata living in all the different parts of Australia.

In NSW by-laws can be changed by a special resolution which requires that no more than 25 of unit entitlements of owners voting at a general meeting are against the motion.  You’ll find a reference to that on page 20 of THIS document.

Things are a bit more complicated in Queensland. Here is the state government’s guide to voting there.

These are the Model Rules (default by-laws) for strata in Victoria.  If there is a rule in here that doesn’t exist in your own rules, then the default, off-the-peg rule applies.  If you want to change or adapt your rules, THIS is a comprehensive guide to the process in Victoria.  And click on this link to find a guide to Postal Ballots and other voting methods.

You’ll find South Australia’s much simpler guide to changing by-laws on page 10 of THIS document.

West Australia’s highly complex approach to by-laws and how to change them is to be found HERE.

There’s a series of fact sheets about strata in the ACT here and THIS is the one about voting requirements.

Click on the following link to find a guide to strata living in Tasmania where by-laws can be created or changed by a simple majority at a general meeting.  Tassie is one of those states where the default by-laws apply if yours don’t cover a subject.  You’ll find the default by-laws HERE.

The Northern Territory regulations are the hardest to fathom (ironically, it has the fastest-growing strata sector) but you’ll find out their rules for voting HERE.

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