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I need some clarification on the Registrar General’s Guidelines for completing the 15CH Form.
Our self managed scheme unanimously approved to repeal the Schedule 2 Model By Laws numbered 1-19 and adopt the Schedule 3 Model By Laws numbered 1-18 as well as the Common Property Memorandum.
When I contacted the LPI RG’s help line, they advised me to refer to the Consolidation By Laws Guidelines Fact Sheet on their website.
(E) If a by-law is being repealed or amended, the number of the affected by-law must be stated. If a by-law is being added, it must be given the next number after the last numbered existing by-law.
(F) A consolidated version of the by-laws affecting the strata scheme must be included as an annexure, incorporate the change that is referred to at panel (E) and include any model by-laws.
Do we start from By-Law numbered one again as we have no “last numbered existing By-Law” as we have repealed Schedule 2 Model By Laws…or do I give it the next number for the Schedule 3 Model By Laws starting from number 20 as the last Schedule 2 Model By Law is numbered 19.
DoFT advises to contact LPI….and RG/LPI advises to refer their Guidelines Fact Sheet on their website!
Can someone please shed some light on this for me!
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You asked: Do we start from By-Law numbered one again as we have no “last numbered existing By-Law” as we have repealed Schedule 2 Model By Laws…or do I give it the next number for the Schedule 3 Model By Laws starting from number 20 as the last Schedule 2 Model By Law is numbered 19.
In my opinion you would be numbering the new by-laws from 20. Although the OC have repealed the by-laws (1 – 19) they have not yet been officially repealed by the LPI therefore they still “exist”. After Registration with the LPI, your new by-laws will state something like 1 – 19 REPEALED. The new by-laws will not include the actual wording of the repealed by-laws, merely the word REPEALED.
This will allow the previous by-laws to be historically recognised should this be necessary at a later time. Legislation that has been repealed has a similar recognition. New by-laws are not generally retrospective therefore recognising that previous by-laws existed at the scheme prior to the adoption of the new by-laws can be very important.
You will note that SSMA2015 at [s275] states:
The following are repealed:
(a) the Strata Schemes Management Act 1996 No 138,
(b) the Strata Schemes Management Regulation 2010.As stated at (F) you would need to include the full version of both the repealed by-laws (1-19) and the new by-laws (20 +).
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