straita

By-laws

What are model by-laws?

Short answer

Model by-laws are a standard, ready-made set of by-laws published in the strata regulations that a scheme can adopt as its rules. They cover the common matters of shared living — things like noise, pets, parking, behaviour on common property and keeping the building in order. A scheme can adopt the model set as-is, adopt it with changes, or write its own by-laws, provided the proper process is followed.

Where they come from and what they cover

Rather than every new scheme drafting rules from a blank page, the NSW regulations set out model by-laws as a template. They address the recurring friction points of apartment and townhouse living so a scheme has a workable rule-book from day one. Many schemes adopt them, sometimes tailoring particular by-laws to suit the building — for instance a scheme with a pool or a shared driveway may add or adjust by-laws to match.

Model set versus a scheme’s own by-laws

Adopting the model by-laws is a starting point, not a straitjacket. A scheme can modify individual model by-laws or replace them with its own, so long as each by-law stays within the law — it must be reasonable and must not be inconsistent with the Strata Schemes Management Act 2015. Whatever a scheme runs, the by-laws that actually bind owners are the ones registered against that scheme, not the generic template.

Changing away from the model

If a scheme wants to depart from the model by-laws — adopt them with amendments, or swap in bespoke ones — that is a by-law change like any other: a special resolution at a general meeting, then registration with NSW Land Registry Services before it takes effect. (See how to make or change a by-law.) The model set is only the default; the moment a scheme changes it, the change has to be made and registered properly to count.

Knowing which set you actually run

The practical trap is not knowing whether your scheme runs the plain model by-laws, a modified version, or its own — and that answer changes what owners are bound by. A system such as Straita holds a self-managed scheme’s current, registered by-laws in one place, so the committee and owners can see exactly which rules apply rather than assuming the generic model set still describes the building.

Primary sources