Short answer
A by-law is a rule of the strata scheme that governs how owners and residents can use their lots and the common property — covering things like noise, pets, parking, short-term letting and renovations. By-laws bind all owners, tenants and occupiers.
What they cover
The practical side of shared living — the “house rules.” A scheme can adopt the standard model by-laws or make its own to suit the building, provided they stay within the law.
Changing a by-law
A scheme can’t change a by-law on a whim. It generally takes a special resolution at a general meeting and then registration to take effect. (See can the committee change by-laws?)
The reasonableness limit
By-laws must be reasonable — a harsh, unconscionable or oppressive by-law can be challenged, and some restrictions (for example, blanket bans that the law doesn’t allow) won’t stand. A by-law also can’t be inconsistent with the Act.
Keeping by-laws straight
Knowing which by-laws apply, when they were registered, and how to change one properly is part of running a scheme well. A self-managed scheme can keep its by-law records and the change process on track with a system such as Straita, so the rules are current and enforceable.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — by-laws, how they’re made and changed, and the reasonableness requirement.
- NSW Government — Strata schemes (Fair Trading) — strata by-laws.