› Flat Chat Strata Forum › By-laws and outlaws › ByLaws passing responsibility for minor repairs onto owners from BC › Current Page
Johnny – on the assumption that the Plan you’re referring to is in NSW, then your Strata Lawyer’s advice is incorrect as the assignment of responsibility for the maintenance, repair, and replacement of defined items of common property may be transferred from an Owners Corporation (O/C) to individual Lot Owners under the provisions of Sect 62(3) of the NSW Strata Schemes Management Act (1996), where a special and not a unanimous resolution is required.
Further, a Special By-Law is not necessary for a special resolution in the above terms to be effective unless the O/C wishes to ensure that Lot Owners do actually maintain the referenced items and don’t instead leave them in a state of disrepair simply because they have to pay.
So if your O/C wishes to mandate proper maintenance by Lot Owners then once properly resolved, an enabling Special By-Law may be personally lodged (as and “addition”) by the Secretary, or by an Owner authorised in writing by that person, with the “Lodgements Officer” of NSW Land & Property Information (L&PI) using THIS form, accompanied by the original of the Plan’s Strata Title Certificate, and the payment of $109.50.
As mentioned, no access to a Lawyer’s DX service meant that a change/addition of by-laws Form had to be lodged in person at the L&PI’s Queens Square H/Q for any Strata Plan located within Greater Sydney, but maybe check whether that can now be done at one of those integrated Service NSW Offices.