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Our SP was formed in the mid 1990s and adopted the then current model By-laws. There have been no subsequent changes approved.
I understand these models were revised a few years ago, and are somewhat different from the originals. Should our SP have officially adopted the new format and had these registered, or was there some automatic process in place.
I have recently become aware that tenants in the building are being given the new By-laws as part of their tenancy agreements.
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If your strata scheme was formed before 1996 and no changes were made to by-laws since then, then the Schedule 2 by-laws apply (and they were automatically updated in the 2016 Regulations). If changes were made, they apply along with the unchanged Schedule 2 by-laws.
If rental agents are handing out the newer (Schedule 3) Model by-laws to tenants in a pre-1996 scheme then they should stop as technically they are breaking strata law, not to mention causing confusion by providing the wrong information.
If your scheme was registered after 2016, then the by-laws that were in place remain as they were, including any subsequent changes. The Model by-laws don’t automatically update by-laws in post-1996 schemes unless there are model by-laws covering issues that are not covered in your by-laws.
A lot of older schemes sit down with the current model by-laws and compare with their originals and see if they need to be updated due to significant changes in strata living that have occurred in the past quarter century.
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.
Something strange going on here.
The secretary or the strata manager are required to hold the OC title documents. That includes the registered set of by laws.
Any landlord or rental agent can get the current bylaws from the secretary or strata manager. It usually costs nothing.
Landlords or rental agents are required to notify the OC of the names and contact numbers of tenants.
I suspect that the agents or landlords just don’t understand their obligations.
In my opinion the situation you describe is not your problem, so don’t sweat it. The OC can enforce their bylaws even if the tenants have been given the wrong ones. The agent or landlord created the problem and need to be responsible for solving it.
I suspect that the agents or landlords just don’t understand their obligations.
And/or that they have a handy pile of standard model by-laws that they just attach to all rental agreements. The difference between what rental agents think the law allows or demands and what the facts are would make for a good episode of “Mr & Mrs” (showing my age here.)
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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