› Flat Chat Strata Forum › By-laws and outlaws › Is it compulsory for old Strata plan to adopt new model By-law? › Current Page
Now, I may be off the mark here – and I’m hoping one of our better qualified readers will put me right if I am – but Schedule 2 of the strata regulations is automatically in place, with new by-laws replacing the old bylaws for pre-1996 buildings.
However, additional by-laws that were in place previously, or amendments to previous by-laws, carry over and are incorporated into the new by-laws (it may require a procedural vote at your next AGM, but it’s all failry straight-forward).
That said, there is always the opportunity for your scheme to adopt and mend its by-laws, especially if you want to incorporate any of the model by-laws in Schedule 3 (for post-1996 schemes).
The new model by-laws are intended to reflect the way we all live now, rather than rules for last century, so I would look at the proposed by-law changes on their merits.
However, to answer you original question, no, you don’t have to adopt any schedule 3 by-laws but you do have to accept schedule 2 by-laws, except where you have by-law in place that differs, or you wish to change.
Hope that makes sense