#27045
Jimmy-T
Keymaster

    It’s important to differentiate between strata law and by-laws (even the standard or model ones).

    You can’t create a by-law that superseded Strata or any other law.  For instance, you can’t create a by-law that says you don’t want to have strata insurance as that is required by law.

    However, you can pass a by-law that establishes new by-laws or changes exisiting ones.  A very good example of that is the recommendation that owners corporations accept (or modify) the “Who’s Responsible” guidelines for your scheme.

    Section 106-108 lay out the Owners Corporation’s responsibility to maintain and repair common property and the parameters withing which that may be changed.

    But in your circumstances, you would be advised to get it established by by-law who is responsible for what before someone buys the least-well maintained house and demands that everyone else pays to bring it up to scratch.

    Regarding why you have raised this, I think we are all interested in what your motivation is – as in, what you hope to achieve – rather than what piqued your interest. 

    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.