By-Laws, motions and resolutions are all integral aspects of a strata scheme. By-laws regulate behaviour within a strata scheme, and motions and resolutions can alter by-laws and facilitate other matters requiring action. The rules involved in establishing and enforcing by-laws, motions and resolutions can be difficult to understand and implement. A strata lawyer can clearly and thoroughly explain how they operate, draft relevant documents and resolve any disputes connected to them.
Having clear and comprehensive by-laws governing behaviour within a strata scheme can help protect owners’ interests and prevent potential disputes. For example, should residents be able to keep pets and hang laundry on the balcony? Where are residents allowed to park and what noise levels are acceptable? Without official rules for these and other scenarios, unit owners may disagree on what is appropriate behaviour.
Gavel & Page strata lawyers are frequently asked to draft by-laws for strata schemes. Some by-laws are standard across strata schemes and can be found in the Strata Schemes Management Act. Many schemes have applied these default by-laws, but there are any number of reasons you may decide against using them in your building, such as:
Where default by-laws may be lacking, we recommend drafting unique by-laws that suit your particular needs or circumstances.
Though the by-laws apply to all owners, some rules may really only affect a handful of units. Generally, these by-laws are known as “exclusive use” by-laws. They allow a unit owner to use part of the common property for their own exclusive use and enjoyment. Typically, certain terms and conditions must be followed in such an arrangement.
If necessary, by-laws can also be changed. This is done is through motions and passing resolutions. Any person involved in a strata scheme who is entitled to vote at a general meeting can request a motion be put on the agenda for discussion and decision.
Specific procedures must be adhered to when doing so. This may entail:
Depending on the matter at hand, a different type of meeting and a different number of votes may be required to make a motion and pass a resolution. For example, a resolution may need to be ordinary, special or unanimous. It can be tricky to know which requirements and procedures are required to resolve a given issue.
These are only some of challenges that you may face while operating a strata scheme. Often, individuals involved in a strata scheme will have competing interests and priorities, which can result in a strata dispute.
Gavel & Page strata lawyers are highly experienced and can help you resolve any type of strata dispute, whether it entails repairs to common property or a particular lot, decisions made invalidly, general dissatisfaction with the behaviour of other lot owners, or a breach of agreement by the strata manager. We can explain the correct procedure to address the dispute, draft the relevant documentation and advise you on your rights and responsibilities.
The ins-and-outs of strata living can be quite complex. Between knowing which by-laws apply and whether separate by-laws should be drafted, and properly setting motions and making decisions, it can be easy to get bogged down in a procedural nightmare.
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