Amending owners corporation rules
Owners corporation rules govern how a strata or community title scheme operates — covering pets, renovations, noise, parking, and common property use. Amending the rules requires a special resolution at a general meeting and registration of the amended rules.
This is an 8-step workflow for amending the rules of an owners corporation (body corporate) in Australia. It covers identifying the changes needed, drafting amended rules, obtaining the required special resolution, and registering the changes.
Before you start
- Current registered rules and by-laws of the owners corporation
- Strata plan and common property details
- Instructions on the specific rule changes required
- Details of any prior attempts to amend the rules or relevant disputes
The workflow
Review current rules and identify required changes
Obtain and review the current registered by-laws or rules. Identify which rules need amendment, addition, or repeal. Check whether the proposed changes are within the scope of permissible by-laws under the relevant state legislation.
Check validity of proposed rules
Confirm the proposed rules are not harsh, unconscionable, or oppressive. Under NSW law, by-laws must not prohibit or restrict dealings with lots, and must not discriminate. In Victoria, rules must not be unreasonable.
Draft the amended rules
Draft the proposed by-law amendments in the format required for registration. Each amended rule should be self-contained and clearly numbered. Include any transitional provisions if existing arrangements are affected.
Prepare the general meeting notice
Prepare the notice of general meeting including the motion to amend the by-laws. Include the full text of the proposed by-laws with the notice. Comply with the minimum notice period (typically 14 days for NSW, 14 days for Vic).
Hold the general meeting and pass special resolution
Convene the general meeting. A special resolution requires that no more than 25% of the total votes oppose the motion (NSW) or 75% of votes cast approve it (Vic). Record the resolution in the minutes.
Notify all lot owners of the new by-laws
After the resolution passes, notify all lot owners of the new or amended by-laws. In NSW, the owners corporation secretary must give written notice within 14 days of the resolution.
Prepare and lodge registration documents
Prepare the by-law registration form (e.g. Form 10 in NSW) and lodge it with the land titles office along with the required fee. The by-law does not take effect against successors in title until it is registered.
Confirm registration and update records
Track registration to completion. Once registered, update the owners corporation records and provide a copy of the registered by-law to the strata manager for distribution and enforcement.
What you will have at the end
Amended owners corporation by-laws passed by special resolution, registered on the common property title, and enforceable against current and future lot owners.
Common issues
- By-laws that are harsh, unconscionable, or oppressive and could be challenged at the tribunal
- Not meeting the special resolution threshold and needing to re-convene the meeting
- Insufficient notice period invalidating the resolution
- By-laws not registered, making them unenforceable against new lot owners
- Pet by-laws that conflict with recent case law on blanket pet bans (Cooper v The Owners SP 58068)
Run this workflow on a real matter
Quillio reviews existing by-laws, drafts amendments, and checks them against the latest strata legislation and case law. See /practice-areas/property-lawyers or start a free trial.
This workflow covers standard by-law amendments. Community title and company title schemes may follow different procedures. State-specific rules vary — always check the applicable strata legislation.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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