All strata schemes are subject to by-laws. By-laws promote the concept of community living whilst facilitating administration of the strata scheme.
What do by-laws cover?
The by-laws cover:
- the administration, management and control of the common property, e.g. a by-law requiring occupiers and visitors of a lot to park in a designated area;
- the use and enjoyment of the lots and the common property, e.g. a by-law allowing one small dog only on a lot;
- exclusive use of common property, e.g. a by-law which gives exclusive use of a garden to one lot only.
It is recommended that the body corporate should have by-laws which provide for an internal dispute resolution process for the strata scheme.
Who makes the by-laws?
- The body corporate by an ordinary resolution at a meeting.
- The by-laws must be lodged with the Recorder of Titles for registration within three months of this meeting otherwise the by-laws lapse.
- Changes of by-laws are also made by the body corporate by an ordinary resolution at a meeting.
What by-laws apply in a strata scheme?
By-laws which are made by the body corporate and registered with the Recorder of Titles, or
Model by-laws contained in Schedule 1 of the Strata Titles Act 1998 if the body corporate has not made by-laws of its own.
Exclusive use by-laws made by the body corporate which allocate part of common property to a particular lot.
Who is bound by the by-laws?
Section 93 of the Strata Titles Act 1998 provides that the by-laws are binding on:
- the body corporate;
- the owner of a lot;
- the occupier of a lot; and
- an invitee of the owner or occupier of a lot.
What happens if the by-laws are not complied with?
There are a number of alternatives. The body corporate may issue a compliance notice requiring compliance with the by-law. If the person in contravention of the by-law fails to comply with the compliance notice, the body corporate may apply to the Resource Management Planning Appeal Tribunal to impose a fine and other orders on the person who fails to comply.
Alternatively, a body corporate or an aggrieved lot owner may apply to the Recorder of Titles for an application for relief requiring compliance with the by-law.
How do I make an application for relief?
If you are a party in a strata scheme, you may make an application for relief
, using the appropriate application form which may be obtained from the Land Titles Office Level 1, 134 Macquarie Street, Hobart. Complete and lodge the form at the Land Titles Office together with the lodgement fee.
Where can I obtain more information about body corporate by-laws?
This information is a guide only. Seek advice from a solicitor or other professional adviser. Also read the booklet: Strata Living in Tasmania (3Mb)
Alternatively read the Strata Titles Act 1998 which may be purchased from the Printing Authority of Tasmania 123 Collins Street, Hobart or viewed free of charge at www.thelaw.tas.gov.au
Download this information as a pamphlet
By-Laws - Strata Schemes (257 KB)
For further information: