- If your Strata Plan was registered before 1 July 1997, the by-laws set out in Schedule 1 to the Strata Schemes Management Act 1996
PLUS any additional by-laws registered (and not repealed or amended) in respect of your strata scheme before or after that date. - If your Strata Plan was registered after that date, the by-laws specified by the developer as applying to the strata scheme on registration of the strata plan. These can be either:
- the model by-laws set out in one of the schedules to the Strata Schemes Management Regulation. The model by-laws for residential strata schemes are set out in Schedule 2 to the Regulation; or
- other specified by-laws – usually referred to as “Developer By-laws”,
- If your Strata Plan was registered with the model by-laws, the version of the model by-laws that applies is the version that was current at the date of registration of the Strata Plan. You can obtain a copy of that version from the AUSTLII website by clicking on the point-in-time version of the Strata Schemes Management Regulation.
- The Strata Schemes Management Regulation is repealed and remade every 5 years. The current version is the Strata Schemes Management Regulation 2010 which came into operation on 1 September 2010. The 2010 Regulation introduced some changes to the model by-laws but those changes do not have retrospective effect.
- The by-laws that apply to your strata scheme are set out on the Certificate of Title to the Common Property for your Strata Plan. You can access that Certificate of Title on the Land and Property Management Authority website: www.lands.nsw.gov.au.
