Understanding By-Laws in Strata Living: What They Are and How We Can Help

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In a strata community, shared spaces and responsibilities go hand in hand. To ensure everything runs smoothly, each building is governed by a set of rules known as by-laws. Understanding these by-laws is essential for harmonious and stress-free strata living.

So, what exactly are by-laws, why do they matter, and how can Jamesons assist you in managing them with ease?

What Are Strata By-Laws?

By-laws are the shared rules that help guide how people live together and use the common spaces in a strata property. They cover everything from pets and renovations to noise, parking, and how common areas can be used. These rules are essential for ensuring all residents feel safe, respected, and supported. 

Each strata scheme in NSW has its own by-laws, which may be based on the NSW model by-laws or custom-built to suit the building’s needs. All by-laws must comply with the Strata Schemes Management Act 2015 (NSW). 

You can explore the full breakdown of by-laws on the NSW Government website. 

Why are By-Laws so Important?

Effective by-laws are critical to: 

  • Preventing disputes between residents 
  • Clarifying expectations around property use 
  • Protecting property value and shared assets 
  • Ensuring safety and legal compliance 
  • Maintaining a peaceful and enjoyable living environment 

When by-laws are unclear or outdated, issues can escalate quickly, and that’s where a proactive approach makes all the difference. 

When Should You Review or Update Your By-Laws?

Many buildings operate with outdated by-laws that no longer reflect how people live today. We recommend reviewing your by-laws if: 

  • Your building is still using the original by-laws from registration (often decades old) 
  • You’ve had repeated disputes around noise, pets, or parking 
  • You want to introduce changes to support EV charging, short-term letting, or modern communication platforms 
  • You’ve recently completed or are planning renovations to common property 
  • Your owners corporation wants to future-proof the building and enhance liveability 

A regular review every 3–5 years (or sooner if your building is growing or changing) helps ensure your by-laws continue to serve your community effectively. 

The Process of Updating or Creating By-Laws

We’re often asked how by-laws can be changed or introduced. Here’s how the process typically works: 

  1. Drafting – Work with your strata manager or our Strata Specialist Team to draft a by-law that’s clear, compliant, and tailored to your needs. 
  1. Voting – The proposed by-law must be passed by special resolution (at least 75% approval) at a general meeting. 
  1. Registration – Once passed, the by-law must be registered with NSW Land Registry Services to become legally enforceable. 

With the right guidance, this process can be simple and efficient, ensuring your building has the rules it needs to thrive. 

How We Can Help

Navigating by-laws doesn’t need to be complicated. Our strata team works closely with committees and owners corporations to ensure your by-laws support a well-run, harmonious building. 

We can help by: 

  • Drafting or reviewing custom by-laws that align with your building’s needs and stay compliant 
  • Guiding your committee through changes, including correct voting processes and registration 
  • Advising on by-law breaches and supporting committees with practical, fair resolutions 
  • Leveraging our Strata Specialist Team to create tailored by-laws for renovations, EV charging infrastructure, communication systems, and more 

At Jamesons, we believe well-drafted by-laws are the foundation of a strong strata community.  They make expectations clear, reduce conflict, and help committees feel confident in their decision-making. Whether you’re updating existing rules or starting fresh, our team is here to guide you through the process with clarity and care. 

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