There is a requirement under the law (Section 46, below) for the landlord to provide tenants with an up-to-date copy of the by-laws under threat of a massive $100 fine.
How does one go about having this fine imposed when most of them don’t even comply with the law that says they have to inform the owners corporation when and to whom they have let their unit every time it is leased (See section 119, below).
I reckon it’s time a few buildings had a blitz on agents who aren’t following up with either of these. Just keep an eye on open inspections and then give it 14 days. If the new tenants haven’t been advised to the EC and they haven’t been given a set of by-laws, it’s time to call Fair Trading and get them on the case. By the way, I would chase the owners rather than the agents. The agents will just charge the owners and blame the EC. We want the owners to pay the fine, bill the agents then sack them.
46 How does a lessee get information about the by-laws?
(1) If a lot or common property in a freehold strata scheme is leased, the lessor must provide the lessee with a copy of the by-laws, and any strata management statement affecting the lot or common property, within the time and in the manner required by this section.
Maximum penalty: 1 penalty unit.
(2) If a lot or common property in a leasehold strata scheme is sublet, the sublessor must provide the sublessee with a copy of the by-laws, and any strata management statement affecting the lot or common property, within the time and in the manner required by this section.
Maximum penalty: 1 penalty unit.
(3) The copy of the by-laws or strata management statement must be provided to the lessee or sublessee within 7 days after the lessee or sublessee becomes entitled to possession of the lot or common property.
(3A) If a lot or common property in a freehold scheme is leased and the by-laws are amended, the lessor must provide the lessee with a further copy of the by-laws, within the time and in the manner required by this section.
Maximum penalty: 1 penalty unit.
(3B) If a lot or common property in a leasehold strata scheme is sublet and the by-laws are amended, the sublessor must provide the sublessee with a further copy of the by-laws, within the time and in the manner required by this section.
Maximum penalty: 1 penalty unit.
(3C) Any further copy of by-laws required to be provided under subsection (3A) or (3B) must be provided to the lessee or sublessee within 7 days after the amendment of the by-laws is recorded by the Registrar-General under section 48 (1) (b).
(4) The copy of the by-laws or strata management statement (including any further copy of by-laws that have been amended) must be:
(a) served personally on the lessee or sublessee, or
(b) if the lease or sublease relates to a lot—served on the lessee or sublessee in any manner allowed by this Act for service of a document on the occupier of a lot, or
(c) if the lease or sublease relates to a lot or common property that is fully enclosed by walls or other structures—left in a conspicuous position at the lot or on the common property.
(5) Subsections (1), (2), (3A) and (3B) do not apply if the strata scheme concerned is part of a community scheme or the lessee or sublessee is the owner of a lot in the strata scheme concerned.
119 Notice to be given to owners corporation of leases or subleases
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation within 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sublessor must give notice of the sublease, in accordance with this section, to the owners corporation within 14 days after the commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation within 14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must specify:
(a) the name of the lessee, sublessee or assignee, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.