If you are looking for investing in a strata property, you might have come across strata by-laws. By-laws exists in every strata scheme, but what purpose do they serve? What are the by-laws and why it is necessary?
Strata, as you have known, allows individual ownership of a part of a property ( generally called an apartment or townhouse or ‘lot’), combined with the shared ownership of that property (this particularly is known ad ‘common property’, i.e, garden, parking, foyers, driveways) through legal entity.
The by-laws incorporate certain laws to use common or shared property. The by-laws vary from strata scheme to strata scheme. Like, Strata by-laws of Sydney don’t need to be equal to strata by-laws of Melbourne.
Purpose of Strata by-laws
Each strata scheme has a body of by-laws. These laws are formed to avoid common disputes among the strata owners, tenants, and in some case visitors. The laws cover general behaviour to be followed by all and use common property.
Disputes are common when individuals share a common property; everyone has different interests and lifestyles. Constructing rules is a strong legal way to maintain discipline and maintain due respect. We have heard many times people saying “we’ll see you in the court” :). The strata law will eliminate such situations.
What will strata by-laws cover?
Strata by-laws will cover issues such as pets are allowed on the scheme, noise level, how smoking is regulated, parking area. The by-laws vary significantly from scheme to scheme, and it is much important to understand which by-laws are applied for your strata scheme.
If you have a pet and you plan to move to a strata scheme without knowing the scheme that particular strata prohibit pets, you’ll be in trouble. Without the by-laws anyone could access or essentially do whatever they pleased within the common property, the scheme would be like “free-for-all”. Imagine the chaos that a free situation will create.
By-laws usually pertain to:
- Use of allocated areas and parking restrictions
- Keeping of a pet
- Use of common property and facilities
- Garbage disposal
- Maintenance responsibility of some common property
- The behaviour of tenants, residents- hanging of washing, noise level, offensive behaviour, etc.
- Security and safety measures
- Specific architectural and landscape guidelines
- Installation of floor covering
- Any other appropriate matters in concern with specific strata property
- Installation and use of equipment like AC, Tv& satellite access, pergolas, etc.
What if any by-laws are breached?
Owners and tenants who live within a strata scheme are obliged to follow these by-laws. Also, in some cases, they are also responsible for guests visiting in the strata scheme. However, unfortunate events may happen.
Owner or tenants intentionally or unintentionally breach any law, the alleged offender can be contacted directly or sent a notice to comply with by-laws via mail or letter, asking them to just stop. If the issue still continues the owner of the strata corporation can choose to give a legal notice and ask for conduct to cease immediately.
Strata schemes are complex. In order to understand by-laws correctly and resolve any strata by-laws’ concerns or disputes, there will be a need for hiring strata disputes lawyers. For strata by-laws across Sydney, Pobi Lawyers can assist us with all kinds of strata by-laws. With the profound experience and in-depth knowledge about the strata by-laws, they will carry a whole by-laws process with the utmost professionalism.
Further information about Pobi Lawyers can be found on their website. Understanding strata by-laws for your strata scheme is very important. Living within Strata property has numerous advantages; all that needed is a clear in-sight on by-laws.