• This topic has 10 replies, 6 voices, and was last updated 2 years ago by .
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  • #65231
    Gronk
    Flatchatter

      I apologize if this is a ridiculously basic question – but is there any way to find out what By-Laws a SP already has?
      They get registered somewhere, so I guess it must be possible to find out what they are, but I can’t see where to ask.
      We are in NSW if that makes a difference…

      • This topic was modified 2 years, 1 month ago by .
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    • #65242
      Mailbox
      Flatchatter

        Hi

        By-Laws are registered with the Land Registry. If you have strata management there’s a good chance they’ll have a portal where by-laws; meeting agendas & minutes; financial reporting etc can be found. So inquire with your Strata Manager if you have a portal and get the log in details, if not they’ll be able to email you a copy.

        There was a link provided here but it was broken – JT

        • This reply was modified 2 years, 1 month ago by .
        #65245
        Jimmy-T
        Keymaster

          If you are a tenant, your landlord or rental agent is legally obliged to provide a copy of up-to-date by-laws.

          If you are a landlord or owner-resident the by-laws should have been attached to your title deeds or documents of sale.  If you no longer have them your solicitor or conveyancer may have hem.  Also your strata manager should have them too.

          Some schemes also include the consolidated by-laws in their AGM agendas.

          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.
          #65248
          Gronk
          Flatchatter
          Chat-starter

            Thanks for those replies.

            I am the owner, but I bought over 30 years ago so even if I had a copy at the time, it won’t reflect changes since.

            I was hoping to avoid going through the strata manager; the situation there has got a little bit complicated.  Our manager decided to take a break and engaged another firm to look after their blocks in the meantime.  Then they decided to make that break permanent, so the new manager appeared to run our AGM this week with no hand-over.  They are proposing several By-Laws which I suspect are already covered by ones we adopted years ago.  But I want to confirm that rather than relying on my memory; it’s quite possible I might be getting mixed up with another block.

            I will ask the new manager about a portal, but I doubt it.  They could not even provide last year’s AGM minutes.  So if that fails, can I get them directly from the Land Registry, if that is where they’re registered?

            #65250
            chesswood
            Flatchatter

              Not quite directly from the LTO but look at https://www.nswlrs.com.au/Information-Brokers and choose one. Have your credit card with you. By-laws have to be registered or they’re not enforceable.

              #65252
              Mailbox
              Flatchatter

                Perhaps reach out to the committee as there’s a good chance they’d have a copy.

                Otherwise you could try the Land Registry, unsure how easy it is: https://online.nswlrs.com.au/wps/portal/six/home/

                • This reply was modified 2 years, 1 month ago by .
                #65257
                Gronk
                Flatchatter
                Chat-starter

                  Thanks, chesswood – that looks like the way we will have to go.
                  It seems strange that we have to go through an “Information Broker” to get access to our own By-Laws, but Strata is full of strangeness.

                  I don’t suppose anybody can suggest which Information Broker is cheapest to get our By-Laws?
                  (If it helps, I have been on the Committee there for over 20 years; currently the Treasurer.)

                  #65296
                  Flame Tree (Qld)
                  Flatchatter

                    I always find it astounding that the owner’s committee regularly do not have them on-hand, know them, refer to them, nor regularly comment on or disperse them to other owners and new tenants, as it is them that are legal required to enforce them, and having these known by tenants would, you’d expect, allow most folk to stay informed and avoid obvious breaches.

                    #65344
                    Gronk
                    Flatchatter
                    Chat-starter

                      Flame Tree – as a member of multiple committees, I agree with you completely.  If the committee can’t find out what their own By-Laws are, then what is the point of them?

                      #65356
                      Boronia
                      Flatchatter

                        In NSW the Strata Roll has to have a copy of By-laws.

                        #65457
                        Gronk
                        Flatchatter
                        Chat-starter

                          @Boronia, Our Strata Roll is just a list of the owners and their details.
                          If we have to append the By-Laws to it, then that brings us back to the original question of where to get them from…

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