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Hi there,
The issue that i am currently facing is I have received a letter from strata then i have a cat in my unit and request the removal of the cat. With the letter was a copy of the new amend by-law which does not allow pets, the by-law was changed in 2012. I brought the unit in 2013, unaware of the issue until i received the letter, i went back to have a look at the strata plan that i received when i brought the unit and it did not have the new amended by-law in there. it has the default version which said you can apply for consent.
As I was in the wrong as i have not ask for consent yet. as i adopted the cat couple of months ago. so therefore i want to ask what options that i can take with my current situation. one of the question is, if the strata manager send me a old version of the strata plan in 2013 when i purchased the unit, without the changes that was done in 2012. I would not have known the changes in any meeting minutes after.
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Under NSW strata law, a by-law does not become effective until it is registered with the Registrar General. It may well be that the strata manager sent you the standard by-laws because he hadn’t got round to registering the new one. In that case, I would say you had a pretty strong argument that you moved in under the previous by-laws. However, the critical point is when kitty moved in and if the by-law had been registered at that point.
As a general observation, this is exactky why you want a propers strata search done when you by an apartment. A professional will look at AGM and recent EC minutes to identify any changes that may be in the offing that might affect your decision whether or not to buy.
The Owners Corp has a duty only to issue agendas and minutes of meetings. They have no obligation to tell owners when changes agreed have come into effect but a wise owner would assume it was fairly soon after the meeting (although that is not always the case).
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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