By-laws serve as the guiding principles that every resident within a strata scheme must abide by, ensuring a safe and equitable living environment. These rules are crafted by the owners corporation, formerly known as the body corporate, which can choose from model by-laws provided by the NSW Government, create custom ones, or adopt a combination of both. Common by-laws cover areas such as pets, smoking, short-term rentals, parking, and noise.

Model by-laws are template rules set forth by the NSW Government, offering a convenient way for owners corporations to ensure their by-laws align with legal requirements. These templates, available for viewing or download on the NSW Legislation website, are often adopted by owners corporations as a foundation. Modifications and additions specific to the strata scheme are then incorporated to tailor them to the unique needs of the community.

To prevent unfair treatment and maintain a balance among residents, there are certain restrictions on what strata by-laws can entail. By-laws cannot:

Conflict with existing laws.

Be harsh, unconscionable, or oppressive.

Prohibit the sale or lease of a lot (with some exceptions for short-term rental accommodation).

Ban children.

Prevent residents from having an assistance animal or hinder the animal's ability to perform its duty.

Prohibit pet ownership unless the pet unreasonably interferes with other residents.

For Current Owners, Residents, and Tenants

Most individuals receive a copy of the by-laws upon moving into a strata scheme. If you don't have a copy, approach the strata committee secretary, strata manager, or an NSW LRS-approved information broker for assistance. Tenants should receive the by-laws from their real estate agent or landlord before signing a rental contract.

For Potential Owners

If you're considering purchasing a strata property, request a copy of the by-laws and, if applicable, the management statement from the seller or their real estate agent. These documents must be attached to the contract of sale.

By-laws can encompass various aspects of strata living. Common examples include rules related to gardens, balconies, parking, and renovations. The specifics can vary from scheme to scheme, so it's essential to familiarize yourself with your strata's unique by-laws. For instance:

Garden by-laws may outline whether they are considered common property and who is responsible for maintenance.

Balcony by-laws might specify what items can be placed on the balcony and maintenance requirements.

Parking by-laws typically dictate residents' use of allocated spaces and visitor parking areas.

When it comes to renovations, smaller cosmetic projects may not require approval from the owners corporation, but larger endeavors might be subject to specific by-laws. Always check your scheme's by-laws to ensure compliance.

Understanding and respecting strata by-laws fosters a cooperative and enjoyable living environment. Stay informed, engage with your owners corporation, and contribute to the well-being of your strata community.