#28779
Jimmy-T
Keymaster

    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 

    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.