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  • #8337
    Sea Bee
    Flatchatter

      Not sure if this has been previously addressed.  However my basic concern is determining priority between existing by laws and subsequently adopted general by laws.

      My building noticeboard currently shows the previously adopted by law for keeping of animals (1988) as overriding all reference to keeping of animals in the subsequently adopted general by laws (1996).

      The general by laws include by law 16(2) which specifies that ‘The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or common property’.

      The previously adopted by law had no provision to grant approval based on  reasonability.   As such, my concerns are as follows:

      1) Does a previously adopted by law override some (or all) reference to the same subject in a subsequently adopted set of general by laws, or vice versa?

      2) Does the wider basis for determining approval of an action as set out in a subsequently adopted set of general by laws still stand, or is it over ridden by the tighter restrictions of previously adopted by laws?    

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    • #16226
      Jimmy-T
      Keymaster

        New by-laws over-ride previous by-laws but, to make sure, there should have been a motion carried to rescind the previous by-laws when the new ones were accepted. Otherwise someone might argue that there were two conflicting by-laws in place and then start the merry-go-round of which one applies (common sense having flown out the window).

        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.
        #16228
        kiwipaul
        Flatchatter


          @JimmyT
          said:
          New by-laws over-ride previous by-laws

          Agreed

          BUT only if they have been registered with the state authority. Until the new bylaws are registered they old ones apply (assuming they were registered).

          When you buy a property your sol will obtain a copy of the current bylaws from the gov dept and these are the ones that are valid. Costs about $100 to obtain a copy from NSW land dept.

          #16252

          Hi, contrary to what JimmyT says below, I have recently been reliably informed that in NSW new By-Laws come into effect as soon as they are voted in, but it’s in your interests to do it sooner than sometime within the stupid two years that is allowed. Which is correct, please?

          JimmyT said 
          New by-laws over-ride previous by-laws

          Agreed

          BUT only if they have been registered with the state authority. Until the new bylaws are registered they old ones apply (assuming they were registered).

          When you buy a property your sol will obtain a copy of the current bylaws from the gov dept and these are the ones that are valid. Costs about $100 to obtain a copy from NSW land dept.

          #16253
          Jimmy-T
          Keymaster

            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.

            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.
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