Short answer
Yes. When you buy into a strata scheme you are bound by its existing by-laws, whether or not you were an owner when they were made and whether or not you agree with them. By-laws attach to the scheme, not to the individuals who voted for them, so they carry over to every new owner, tenant and occupier automatically. You can later propose changing a by-law, but until it is changed it applies to you.
By-laws run with the scheme
A by-law is a rule of the scheme itself, not a private agreement between the owners who happened to be present when it passed. That is why a buyer inherits the full set already registered against the scheme — the rules do not reset on a change of ownership. The same principle binds a new tenant: the occupier of a lot is bound by the by-laws even though they never took part in making them.
Read the by-laws before you buy
Because you cannot opt out of a by-law you inherit, the time to find out what the scheme’s rules are is before you commit. The registered by-laws can affect things a buyer cares about — pets, short-term letting, renovations, parking, keeping items on the balcony. A common property rights by-law might also mean part of what looks like shared space is actually reserved for a particular lot. Reviewing the consolidated by-laws before settlement avoids an unwelcome surprise afterwards.
Changing a by-law you have inherited
Inheriting a by-law does not mean being stuck with it forever. A new owner can propose a change, but it goes through the normal route — a special resolution of the owners corporation at a general meeting, then registration — not a personal exemption. (See how to make or change a by-law.) Until the scheme actually changes the by-law, it remains binding on you.
Knowing what you have signed up to
The real difficulty for a new owner is simply getting a clear, current picture of the rules that now bind them. A system such as Straita keeps a self-managed scheme’s registered by-laws and their history in one place, so a new owner (and the committee welcoming them) can see exactly which rules apply from day one, rather than piecing it together from old paperwork.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — by-laws bind the owners corporation, owners and occupiers, including successors in title.
- NSW Government — Strata by-laws (Fair Trading) — who by-laws apply to and how to change them.