Strata scheme amendment workflow
Amending a strata scheme is both a property law task and a governance task. The owners corporation has to follow the meeting procedure, the owners have to pass the correct resolution (ordinary, special, or unanimous), and Land Registry NSW has to accept the lodgement. Missing any step risks an invalid resolution or a refused dealing.
This is an 8-step workflow for amending a strata scheme — by-law change, scheme consolidation, or termination — under the Strata Schemes Management Act 2015 (NSW) and Strata Schemes Development Act 2015 (NSW).
Before you start
- Signed costs agreement and conflict check
- Current by-laws and scheme plan
- Minutes of any prior owners corporation meetings on the issue
- Instructions on the proposed amendment (by-law, consolidation, termination)
The workflow
Identify the amendment type and approval threshold
Identify whether the amendment is a by-law (special resolution, s 141), a change of common property (special resolution, s 149), or termination (s 136-137 SSDA). Each has a different resolution threshold.
Draft the by-law or amendment document
Draft the by-law or amendment document in plain language. Test against the prohibition on harsh, unconscionable, or oppressive by-laws and the restrictions on keeping animals.
Prepare the notice of meeting
Prepare a notice of meeting with the required 7 days' notice, the motion text, and any supporting information. Include electronic voting instructions if enabled.
Hold the owners corporation meeting
Hold the meeting and pass the resolution. Record a quorum, any proxies, and the voting outcome (for/against/abstain) in the minutes.
Prepare consolidated by-laws
Where a by-law amendment is passed, prepare a consolidated set of by-laws showing the amendment in context. This is both best practice and often a Land Registry requirement.
Lodge with NSW Land Registry Services
Lodge the change of by-laws form with NSW LRS within 6 months of the resolution. Confirm lodgement is accepted or respond to any requisition.
Update the strata roll and common seal
Update the strata roll to reflect the amendment, seal the consolidated by-laws if required, and distribute to all lot owners and occupiers.
Address any NCAT challenge
Any lot owner may apply to NCAT to invalidate a by-law as harsh, unconscionable, or oppressive, or to revoke a scheme approval. Manage any application within 3 months of the resolution.
What you will have at the end
A registered amendment to the strata scheme — by-law change, common property change, or scheme termination — reflected on the Land Registry record and enforceable against all current and future lot owners.
Common issues
- Wrong resolution threshold used (ordinary instead of special)
- By-law drafting inconsistent with prohibition on harsh, unconscionable, or oppressive by-laws
- Common property changes made without a s 149 resolution
- Lodgement with NSW LRS outside the 6-month window
- Consolidated by-laws not distributed to owners and tenants
Run this workflow on a real matter
Quillio drafts the by-law, notice of meeting, consolidated by-laws, and LRS lodgement pack. See /practice-areas/property-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Strata law is state-based; confirm the applicable legislation and resolution thresholds in the relevant state.
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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