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  • #8742
    Kangaroo
    Flatchatter

      Kangaroo – The By-Laws and Special By-Laws can be downloaded from the LPI Website provided the “Dealing Number” is known; but who knows that apart from the Strata Manager or Executive Committee Secretary who may have the original ?

      In my experience, neither Owners Corporations nor Proprietor / Landlords can rely on Property Managers to do anything much, as they’re usually the people in the Agency who can’t sell (property), who break pens, who can’t answer the telephone, and who in my town seem to regularly rotate between the franchised Agencies; usually anti-clockwise to match the social justice ideology that many use to select tenants.

      With regard to your off-topic query…in NSW, By-Laws are the standard ones listed in Schedule 1 to the Strata Schemes Management Act (SCMA) and in Schedule 3 to the Regulation (2010) that apply to all Plans that were Registered at the time when those Laws were gazetted, and which need to adopted in full or in part by those since Registered.

      Special By-Laws are those specially resolved (i.e. ≥75% in favour) by Owners at a General Meeting in accordance with Sect 47 of the SCMA and subsequently Registered in order to address a Plan-specific need or requirement.  

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    • #18034
      Kangaroo
      Flatchatter
      Chat-starter
        Does anyone know what the difference is between a “By-Law” and a “Special By-Law”.

         

        I’m very confused for the following reasons.

         

        1) A Special By-Law cannot be the result of a Special Resolution, because all By-Laws require a Special Resolution.

         

        2) I can’t find anything in the SSMA which refers to Special By-Laws. The nearest I can come is Section 52(2) which talks about granting special priviledges such as exclusive use.

         

        3) The LPI web sitesays (3rd paragraph)

        All by-laws are given a number and any additional by-law should be numbered consecutively commencing with the number ‘Special By-law ‘.

         

        This seems to imply that “special” is just a code word meaning this registration is an additional By-Law not a replacement set.

         

        The Strataman web site says

         

        In simple terms, all by-laws can be amended or repealed and new ones added by the Owners Corporation at a general meeting via a special resolution.  If, however, the by-law to be changed or added is designated as a special by-law and requires an unanimous resolution, the requirements for the unanimous resolution apply.

         

        Again, I can’t find anything in the SSMA about By-Laws which require a unanimous resolution.

         

        Added to which, if people aren’t already confused enough by Special Resolutions and Unanimous Resolutions, why would anybody introduce the novel concept that a Unanimous Resolution gives birth to a Special By-Law. Why not a Unanimous By-Law?

         

        5) Our Strata Manager can’t explain the difference.

         

        6) But our previous Strata Manager registered (additional) very ordinary By-Laws as Special By-Laws.

         

        Ow, my head hurts!
        #18049
        Whale
        Flatchatter

          Kangaroo….

          Whale said …..With regard to your off-topic query…in NSW, By-Laws are the standard ones listed in Schedule 1 to the Strata Schemes Management Act (SCMA) and in Schedule 3 to the Regulation (2010) that apply to all Plans that were Registered at the time when those Laws were gazetted, and which need to adopted in full or in part by those since Registered.

          Special By-Laws are those specially resolved (i.e. ≥75% in favour) by Owners at a General Meeting in accordance with Sect 47 of the SCMA and subsequently Registered in order to address a Plan-specific need or requirement.  

          ….and further, don’t get too hung up by the term “special” as I believe the drafters of Legislation, who are obliged to have a limited vocabulary and no knowledge of punctuation, were merely trying to use that word as a means of differentiation.

          In terms of By-Laws, “special” is used to differentiate between the standard or model By-Laws provided in the Strata Schemes Management Act (SCMA) and Regulation and any that have been decided upon by the Owners Corporation (O/C) for plan-specific reasons.

          With regard to resolutions of the O/C, again “special” is used to differentiate between those for ordinary matters and those for something extraordinary, and as the latter term had already been used elsewhere in the SCMA, those vocabulary and punctuation challenged drafters were stuck with “special”.

          Seriously though, I don’t think there’s any other link between By-Laws and Resolutions of the “special” variety, and that it’s as you say “just a code word”.

          I’ll stand corrected, but with reference to the NSW SCMA the only occasions that I’m aware of where a Special Resolution is required are to:

          • Remove an Executive Committee member
          • Make, revoke or change by laws
          • Licence Common Property to Proprietors
          • Give consent to Proprietors change to the Common Property
          • Decide not to maintain or repair Common Property
          • Add, alter, or change the Common Property
          • Offer 10% discount on early levy contributions
          • Pay a Proprietor for transfer or lease of Common Property

          Similarly, Unanimous Resolutions are required to:

          • Distribute surplus funds to Proprietors
          • Request CTTT (Adjudicator) to exempt the Plan from the requirement to insure the Common Property
          • Not to establish a Sinking Fund (2 Lot Plans only)
          • Amend or revoke the effect of an Order (before application to the CTTT)
          • Revoke Exclusive use By-Laws (with the consent of the beneficiary)

          As I said, there may be others like terminating the Strata Plan under the NSW Strata Schemes (Freehold Development) Act, but now my head hurts!!

          #18050
          Jimmy-T
          Keymaster

            Also, just to have Kangaroo reaching for the Panadol again, some special resolutions (like Exclusive Use by-laws) require a 75 percent vote of those voting at a General meeting, while others, such as redistributing surplus funds to owners, require a unanimous vote.
            One thing we do know for sure is that this area is way too complicated.

            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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