#56625
Jimmy-T
Keymaster

    If your strata scheme was formed before 1996 and no changes were made to by-laws since then, then the Schedule 2 by-laws apply (and they were automatically updated in the 2016 Regulations). If changes were made, they apply along with the unchanged Schedule 2 by-laws.

    If rental agents are handing out the newer (Schedule 3) Model by-laws to tenants in a pre-1996 scheme then they should stop as technically they are breaking strata law, not to mention causing confusion by providing the wrong information.

    If your scheme was registered after 2016, then the by-laws that were in place remain as they were, including any subsequent changes.  The Model by-laws don’t automatically update by-laws in post-1996 schemes unless there are model by-laws covering issues that are not covered in your by-laws.

    A lot of older schemes sit down with the current model by-laws and compare with their originals and see if they need to be updated due to significant changes in strata living that have occurred in the past quarter century.

     

    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.