› Flat Chat Strata Forum › By-laws and outlaws › Priority between existing and subsequently adopted general by laws › Current Page
Les, that’s not what I said. You are quoting KiwiPaul and you are developing a bad habit of misquoting people then attacking them for what you misquoted.
Let’s put that one down to confusion in the way KP’s post was presented but in any case, your information is wrong.
We recently had to re-vote by-laws that had been passed but not registered within the two years due to an oversight.
So what or who is your “reliable” source? Or are you misquoting them too?
Here’s a reliable source – this is what the Strata Act actually says:
Division 3 Amendment or repeal of by-laws
47 Can an owners corporation add to or amend the by-laws?
An owners corporation, in accordance with a special resolution, may, for the purpose of the control, management, administration, use or enjoyment of the lots or the lots and common property for the strata scheme, make by-laws adding to, amending or repealing the by-laws for the strata scheme.
48 What steps must an owners corporation take to make an amendment effective?
(1) An amendment or repeal of a by-law or, a new by-law, has no force or effect until:
(a) the owners corporation has lodged a notification, in the form approved under the Real Property Act 1900, in the Registrar-General’s office, and
(b) the Registrar-General has made an appropriate recording of the notification in the folio of the Register comprising the common property.
(2) A notification cannot be lodged in the Registrar-General’s office more than 2 years after the passing of the resolution for the amendment, repeal or new by-law.