- This topic has 3 replies, 4 voices, and was last updated 4 months, 1 week ago by .
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NSW: At the 2023 AGM, our Owners Corporation retrospectively approved a special by-law for a bathroom renovation to a lot. As the by-law was not registered within 6 months of the motion being passed, the motion will need to be re-passed at the next AGM in September 2024. The Strata Manager has advised that it is the responsibility of the lot owner to register the by-law. What happens if the lot owner fails to register the by-law again? Does the by-law motion just keep getting added to the AGM agenda every year? Shouldn’t the Strata Manager/Strata Committee be responsible for executing the documents for registration to ensure the by-law is actually registered, and invoice the lot owner for costs?
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Your strata manager is incorrect.
to register a by law requires access to the title document. In the electronic age one has to prove one is the owner of the title. So it can only be the secretary [or] the strata manger.
i think your strata manger is trying to cover up their incompetence.
- This reply was modified 4 months, 1 week ago by .
Section 141
(2) The change to the by-laws has no effect until—(a) the owners corporation lodges a notice, in the approved form, with the Registrar- General, and
(b) the Registrar-General makes an appropriate recording of the notice in the folio of the Register for the common property for the scheme.
As the OC is an artificial entity (not a natural (real) person) it comes back to its assistant the SC to do this and if you want to go all the way arguably it comes back to the secretary, the elected or delegated secretary (agent), under s 43 (g) “to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation”
And you can’t charge the owner for the OC to perform a function of the OC. Well; you can and if the owner is silly enough to pay it then their bad.
And you can’t charge the owner for the OC to perform a function of the OC. Well; you can and if the owner is silly enough to pay it then their bad.
What happens if the Committee refuses to pay and the owners declines to do so too? No by-law, no progress, no permission to get work done. Most people would just pay, wouldn’t they? And why should other owners pay a cent for something that only benefits one owner?
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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