Consolidation/Change of by-laws

Form 15CH (PDF 100 KB)

Dealing type - CH

Legislation 

Strata Schemes Development Act  2015

Cl. 24 Strata Schemes Development Regulation 2016

Strata Schemes Management Act 2015

Stamp duty - not required

Certificate of Title - required for the common property of the strata scheme

NOS form - not required

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

For information on the by-laws that apply to a strata scheme – see Where can I find the By-Laws?

For information on the subject matter of by-laws – see Strata By-law legislation

(A) The reference to title for the common property must be stated.

(C) The number of the Strata plan and the date that the owners corporation passed the special resolution must be stated.

Note From 30 November 2016, a change to the by-laws must be lodged within 6 months of passing the special resolution. If the resolution was passed before that date, a change to the by-laws must be lodged within 2 years of passing the special resolution.

(D) The by-laws of the strata scheme may be changed by the owners corporation if a special resolution is passed pursuant to section 141 of the Strata Schemes Management Act 2015.

Note If the change relates to an order made by NSW Civil and Administrative Tribunal that has effect as if its terms were a by-law, reference to section 141 must be replaced with section 139, and the resolultion passed must have been unanimous. Panels (C) and (D) may be suitably amended in this instance.

(E) If a by-law is being repealed or amended, the number of the affected by-law must be stated. If a by-law is being added, it must be given the next number after the last numbered existing by-law.

Details of the change to the by-laws must be fully set out in the space provided, or if there is insufficient space, set out in an annexure.

Note If the change to the by-laws confer a right (including a common property rights by-law) or impose an obligation on less than all of the lots and/or owners in the strata scheme, and if there is no recording in the folio for the common property that the initial period has expired, the owners corporation must lodge Approved Form 10, certifying “that the initial period has expired”.

Alternatively, the relevant order made under section 27 of the Strata Schemes Management Act 2015 that authorises the by-law being passed must be lodged.

Note There are restrictions on the matters that by-laws may provide for and are set out in section 139 of the Strata Schemes Management Act 2015. For example, a by-law cannot restrict an owners dealings with their strata lot, nor can a by-law be harsh, unconscionable or oppressive.

Note A plan annexed to a Consolidation/Change of By-laws form is not liable to a plan fee. The plan must be signed by all parties to the dealing and comply with the requirements for microfilming. A plan annexed must not be a registered deposited plan or strata plan.

(F) A consolidated version of the by-laws affecting the strata scheme must be included as an annexure, incorporate the change that is referred to at panel (E) and include any model by-laws.

Note When preparing a consolidated version of by-laws, it must comply with the following guidelines – see Consolidation of By-laws.

(G) The seal of the Owners Corporation must be affixed in the space provided. The Strata plan number, date of affixing the seal, the full name of the person(s) attesting the affixing of the seal and the nature of their authority must be stated: section 273 of the Strata Schemes Management Act 2015.

Staff processing information

Details of the changes made to the by-laws must be examined to determine whether or not Approved Form 10 (relating to the initial period) is required. If in doubt, refer to a supervisor.

If otherwise in order, proceed with registration except for the following:

Refer to LEG99

Where a letter is lodged with the dealing requesting the waiver of the requirement for lodgment of a consolidated version of the by-laws.

Registration procedure

Change of By-laws with a Consolidation Version of By-laws

TRANSACTION    ON

PRIME CODE       CDBL

Remove previously recorded codes CDBL, SBL, SG, SH, SI, SJ, SK, SL,SM and any prime or sub-level Change of By-law notifications recorded on title. 

Change of By-laws

Where there has been a waiver of the requirement for a consolidated version of the by-laws to be lodged, either:

If there is an existing CDBL recording:

TRANSACTION    UNDR

PRIME CODE       CDBL

PRIME NO.          number of Consolidation of Registered By-laws  

SUB CODE           UCB

If there is not an existing CDBL recording:

TRANSACTION     ON

PRIME CODE        CB

Initial Period

Where Approved form 10 is lodged certifying “that the initial period has expired” and there is no recording on the folio that initial period has expired. Record a notification that the “Initial Period Expired” on the common property folio.

TRANSACTION     ON 

PRIME CODE        CI