BY-LAWS
The by – laws for a strata scheme govern such things as the behaviour of residents of the scheme and the use of the common property.
Strata schemes in existence before 1 July, 1997 have the by – laws set out below (Standard by – laws 1-19) together with any additional by – laws that may previously have been added to those by – laws and any amendments that may previously have been made to those by – laws by the relevant owners corporation.
A new strata scheme may, if it chooses, register its own by – laws. The by – laws for both existing and new strata schemes can be amended or repealed by the owners corporation.
Owners, mortgages and covenant chargees in possession of a lot and lessees and occupiers of lots are obliged by the Strata Schemes Management Act, 1996 to comply with the by – laws.
Lot owners may establish if any by – laws have been added to, repealed or amended in their strata scheme either by carrying out a search of the strata scheme’s books and records at our office or by contacting our staff who will provide copies of relevant additional, repealed or amended by – laws for the prescribed fee.
Harvie Strata Management Pty Ltd consults to owners corporations and individual lot owners on the procedural requirements for making certain by – laws and the amendment or repeal of by – laws.
STANDARD BY-LAWS 1 – 19
1. NOISE
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property.
2. VEHICLES
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners corporation.
3. OBSTRUCTION OF COMMON PROPERTY
An owner or occupier of a lot must not obstruct lawful use of common property by any person.
- 4. DAMAGE TO LAWNS AND PLANTS ON COMMON PROPERTY
An owner or occupier of a lot must not: - (a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or
(b) use for his or her own purposes as a garden any portion of the common property. - 5. DAMAGE TO COMMON PROPERTY
(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.
(2) An approval given by the owners corporation under sub clause (1) cannot authorise any additions to the common property.
(3) This by-law does not prevent an owner or person authorised by an owner from installing: - (a) any locking or other safety device for protection of the owner’s lot against intruders; or
(b) any screen or other device to prevent entry of animals or insects on the lot; or
(c) any structure or device to prevent harm to children. - (4) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.
(5) Despite section 62, the owner of a lot must maintain and keep in a state of good and serviceable repair any installation or structure referred to in sub clause (3) that forms part of the common property and that services the lot.
6. BEHAVIOUR OF OWNERS AND OCCUPIERS
An owner or occupier of a lot when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.
7. CHILDREN PLAYING ON COMMON PROPERTY IN BUILDING
An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.
8. BEHAVIOUR OF INVITEES
An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property.
9. DEPOSITING RUBBISH AND OTHER MATERIAL ON COMMON PROPERTY
An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property.
10. DRYING OF LAUNDRY ITEMS
An owner or occupier of a lot must not, except with the consent in writing of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
11. CLEANING WINDOWS AND DOORS
An owner or occupier of a lot must keep clean all glass in windows and all doors on the boundary of the lot, including so much as is common property.
12. STORAGE OF INFLAMMABLE LIQUIDS AND OTHER SUBSTANCES AND MATERIALS
(1) An owner or occupier of a lot must not, except with the approval in writing of the owners corporation, use or store on the lot or on the common property any inflammable chemical, liquid or gas or other inflammable material.
(2) This by-law does not apply to chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
13. MOVING OF FURNITURE & OTHER OBJECTS ON OR THROUGH COMMON PROPERTY
An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so.
14. FLOOR COVERINGS
(1) An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
(2) This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.
- 15. GARBAGE DISPOSAL
An owner or occupier of a lot: - (a) must maintain within the lot, or on such part of the common property as may be authorised by the owners corporation, in clean and dry condition and adequately covered a receptacle for garbage, and
(b) must ensure that before refuse is placed in the receptacle it is securely wrapped or, in the case of tins or other containers, completely drained, and
(c) for the purpose of having the garbage collected, must place the receptacles within an area designated for that purpose by the owners corporation and at a time not
more than 12 hours before the time at which garbage is normally collected, and
(d) when the garbage has been collected, must promptly return the receptacle to the lot or other area referred to in paragraph (a),
(e) must not place anything in the receptacle of the owner or occupier of any other lot except with the permission of that owner or occupier, and
(f) must promptly remove any thing which the owner, occupier or garbage collector may have spilled from the receptacle and must take such action as may be necessary to clean the area within which that thing was spilled.
16. KEEPING OF ANIMALS
(1) Subject to section 49(4), an owner or occupier of a lot must not, without the written approval of the owners corporation, keep any animal on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
17. APPEARANCE OF LOT
(1) The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
(2) This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
18. NOTICE-BOARD
An owners corporation must cause a notice-board to be affixed to some part of the common property.
19. CHANGE IN USE OF LOT TO BE NOTIFIED
An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (e.g. if the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes).