› Flat Chat Strata Forum › By-laws and outlaws › Bylaws vs Rules in NSW › Current Page
In my humble opinion, the concept of rules in strata is fraught with danger.
Lets see how I can explain.
The SSMA prescribes that the “rules” of a strata are embodied in the bylaws. The by laws are voted on by the owners, and are enforceable by a court of law.
Some strata can make rules ie put your own bin out, no jumping in the pool, but unless these are embodied in a bylaw they are just advisory. The rules are not enforceable , especially in a court of law. Ie the OC has no legal standing to enforce penalties for a breach of rules , whether by a fine or other means. Remember even in the case of a breach of a by law, it’s the court that imposes the penalty.( though it’s paid to the OC)
Now I would not suggest that strata don’t have some simple rules. It provides a quick way to manage simple problems but it depends on the goodwill of owners to make them work.
If the issue is more complex (let’s say owners lending swipe cards to non owners), then a bylaw should be struck.
My opinion – bylaws are fully enforceable, rules are not.