#18255
Jimmy-T
Keymaster

    IN NSW the Act clearly states the owners and lessees – and even occupiers –  have to comply with the by-laws.

    In fact, it goes so far as to say that any lessee or occupier has to abide by the by-laws as if they had signed and sealed them all personally.

    44 Who is required to comply with the by-laws?

    (1)  The by-laws for a strata scheme bind the owners corporation and the owners and any mortgagee or covenant chargee in possession (whether in person or not), or lessee or occupier, of a lot to the same extent as if the by-laws:

    (a)  had been signed and sealed by the owners corporation and each owner and each such mortgagee, covenant chargee, lessee and occupier, and

    (b)  contained mutual covenants to observe and perform all the provisions of the by-laws.

    (2)  There is an implied covenant by the lessee in a lease of a lot or common property to comply with the by-laws for the strata scheme.

    (3)  In this section, lessee means, in relation to a lot in a strata leasehold scheme, a sublessee of the lot.

    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.