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the title of our 14 Unit Strata Scheme in coastal NSW has only 8 By Laws registered with a note that “it is intended to adopt the model By Laws in addition”. The model By Laws were never adopted and only the 8 that were registered with the title by the developer are there.
we have been trying to adopt a new set of By Laws based on the current model By Laws for over 12 months now , however, as the developer still holds in excess of 25% of the lot entitlements he continues to vote down the special resolution that would enable Us to adopt them.
we now intend to put the new consolidated By Laws to a general meeting called for the purpose and before we can put the motion to adopt the new By Laws, we need to rescind the registered ones.
should we be rescinding the 8 By Laws that are registered on the title or should we rescind those 8 registered by Laws plus the model By Laws that were contained in the Act in 2015 when the title was registered with 8 By Laws
Appreciate any assistance
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If you now have the required 75 per cent vote, you only need to rescind registered by-laws.
In any case, my understanding is that the current model by-laws apply by default in any cases where there is no specific by-law covering that particular issue.
For instance, if you had no by-law governing the parking of cars on common property, then the Schedule 3, By-law 1 would apply.
If you don’t have the votes to rescind and replace the by-laws I would ask your strata manager about seeking a orders under Section 148 of the Act to rescind the original by-laws and replace them with the model by-laws.
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@Faraway girl said:
…we now intend to put the new consolidated By Laws to a general meeting called for the purpose and before we can put the motion to adopt the new By Laws, we need to rescind the registered ones…I think you could do the lot in one motion. Eg. ‘That the following set of consolidated by laws be adopted to replace all previous by laws of the strata scheme…’
New ones adopted and the old ones rescinded in one go.
Alternatively, you can adopt and rescind and amend one by one, though it can then be more complicated getting the resultant, current set registered.