By-laws, levies and common property
General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.
The boundary
Most strata disputes turn on the boundary between the lot and common property. Under the Strata Schemes Development Act 2015 (NSW), for a standard residential scheme the lot boundary is generally the inner surface of the walls, the upper surface of the floor and the under surface of the ceiling. Everything structural outside that line is common property, and the owners corporation must maintain and repair it under s 106 of the Strata Schemes Management Act 2015 (NSW).
- Waterproofing membrane in a bathroom: common property
- Tiles laid over it: usually lot property
- Window frames and sashes: common property
- Internal paint: lot property
The s 106 duty is strict
The owners corporation's duty to maintain common property is not qualified by reasonableness, and an owner who suffers loss because it was breached may recover damages under s 106(5).
By-laws
By-laws are passed by special resolution and must be registered to bind. A by-law cannot be harsh, unconscionable or oppressive: s 139. Blanket pet prohibitions are invalid following Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, and a scheme may only refuse a pet where keeping it would unreasonably interfere with another occupant's use.
Renovations
Cosmetic work needs no approval. Minor renovations need an ordinary resolution of the general meeting. Structural work, and anything affecting waterproofing or external appearance, needs a by-law passed by special resolution.
If this is your situation
The strata page sets out what the work involves and what it costs, and the fee list gives the figure for every step.
What's happened?
Email me this guide
As a PDF. One click unsubscribes you.