The Owners Corporation can change (amend, repeal or add) existing by-laws. Most by-laws can be changed or created by special resolution passed at a duly convened general meeting of the Owners Corporation.
Notification of any change of by-law must be lodged with the Registrar General not more than 6 months after the passing of the special resolution to make the by-law. This can be done by lodging a 'Consolidation/Change of By-Laws' dealing form for recording on the common property folio. The approved 'Consolidation/Change of By-Laws' dealing form (15CH) contains a certificate of the Owners Corporation which should be completed by inserting the Strata Plan number, the date on which the resolution was passed and the relevant section of the Strata Schemes Management Act 2015 under which the by-law was made.
All by-laws are given a number and any additional by-law should be numbered consecutively commencing with the number 'Special By-law '. The terms of the by-law should be clearly set out in the space provided on the form. Annexures can be added if required.
The seal of the Owners Corporation must be affixed pursuant to s273 Strata Schemes Management Act 2015.
The change of by-law must be incorporated in a consolidated version of the by-laws affecting the strata scheme which forms an annexure to the ‘Consolidation/Change of By-Laws’ dealing form. See clause 24 Strata Schemes Development Regulation 2015 and Consolidation of By-Laws.
The dealing should be lodged by hand at the LPI located at Queens Square Sydney. A scheduled lodgment fee is payable and the Certificate of Title for the Common Property in the strata scheme should accompany the dealing at lodgment.
The Consolidation/Change of By-Laws dealing forms and instructions for completion are available online.
For legislation regarding the changing of by-laws see Sections 133 to 145 inclusive Strata Schemes Management Act 2015.