How can a strata company add, amend or repeal a by-law?

The procedure for Strata Companies who wish to add, repeal or amend a by-law (s) involves:

  • Drafting the new by-law
  • Convening the meeting where owners cast their vote
  • Waiting 28 days for the by-law to become unconditional
  • Submitting the paperwork to Landgate


Any member of the Strata Company can propose a new by-law and it is highly recommended that the by-law be drafted by a legal specialist.  

The proposed by-law would need to be included with the Notice of Meeting pack to enable it to be voted on. 


Landgate factsheet
https://www0.landgate.wa.gov.au/land-titles-registration-policy-and-procedure-guides/practice-manual/subdivision-and-stratasurvey-strata-plans/str-07-scheme-by-laws

Special Resolution
https://reiwa.com.au/faqs/strata-title/what-is-a-special-resolution-/

Resolution without dissent
https://reiwa.com.au/faqs/strata-title/what-is-a-resolution-without-dissent-/
 


Example story

A single-story complex of 15 units in Osborne Park had experienced problems with one owner who had refused to pay her levies for the last year. The Strata Company had been very patient with her - but every time levies were due - they'd go unpaid and this had left the strata company with a severe lack of funds.

There was no 'debt recovery costs by-law' in place, so it was up to the other owners to pay any legal costs to recover the debt, which they had (understandably) not been willing do, without the protection of a by-law.

A General Meeting was called and most owners attended (the indebted lot owner chose not to attend). The Schedule 1 by-law was passed via a resolution without dissent. It became unconditional 28 days later. The indebted owner, who could have dissented, did not.

The Strata Manager then forwarded the signed and stamped Form 21 to Landgate and the by-law was duly registered against the strata plan.

The Council of Owners - via their Strata Manager - then engaged a debt recovery service to pursue the debt.

Upon realising that the costs could now exceed the accumulated debt (and she would have to pay these too), the owner chose to pay her outstanding levies plus the penalty interest.