The dangers of assuming anything

› Forums › By-laws and outlaws › Current Page

Create New Reply
  • Creator
    Topic
  • 06/08/2011 at 3:33 pm #7557 Reply | Quote
    Jimmy-T
    Keymaster

      I'm seeing an increasing number of posts where the phrase “you can assume such and such a by-law applies” pops up.

      Can we just be clear that you can't assume anything when it comes to your bylaws.  The Model by-laws in the Act only apply if they were adopted by your building or complex when the strata plan was created (or if no by-laws were adopted at that time).

      If your building adopted the model by-laws and the Act has since changed them, your by-laws are still the old ones that operated when you adopted them, not the new ones.

      If your building adopted a whole different set of by-laws and they haven't changed, they they apply and the “model” by-laws don't.

      So assume nothing in regard to your by-laws.  You can say that the probability is that certain by-laws may be in place but you can't be sure and you would be very wise to check before you made any moves … especially those that might cost you money.

      One of the most prestigious developments in Sydney “assumed” they had the standard by-law protecting residents from noise until they discovered that their chairman, a real estate agent, had quietly excised it before the first AGM, all the better to facilitate his roaring trade in consolidating two or three apartments into one. 

      This expensive and iconic piece of real estate was virtually a non-stop building site for the first three years of its existence because owners assumed the standard by-law to protect the peace and quiet of the building was still there but it had been removed.

      When it comes to by-laws you can only assume one thing – by-laws that aren't in YOUR by-laws don't apply to your building.

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
    • Creator
      Topic
    Reply To: Reply #13475 in The dangers of assuming anything
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

    You can use BBCodes to format your content.
    Your account can't use all available BBCodes, they will be stripped before saving.

    Your information:




    › Forums › By-laws and outlaws › Current Page