Strata by-laws are the backbone of harmonious community living – but when was the last time your scheme reviewed them? With evolving lifestyles, new technologies, and recent legal reforms in NSW, 2025 is the perfect time to give your by-laws a much-needed refresh.
Why Review Your By-Laws Now?
Many strata schemes are still operating under outdated or unclear by-laws that no longer reflect how people live today. Here’s why a review is timely:
- Legal compliance: NSW’s 2025 strata law reforms have introduced changes around assistance animals, sustainability upgrades, and strata committee responsibilities.
- Clarity and fairness: Vague or contradictory by-laws can lead to disputes and confusion.
- Modern living: Issues like electric vehicle (EV) charging, short-term letting, and digital communication need clear, up-to-date rules.
Common Outdated By-Laws to Watch For
You might be surprised how many by-laws are no longer enforceable or relevant. Look out for:
- Blanket pet bans – These are often invalid under current laws.
- Restrictions on satellite dishes or antennas – Largely obsolete in the streaming era (I have seen a lot of these of late in old by-laws).
- Vague noise or renovation rules – These can be hard to enforce, but you can be very deliberate here as an owners corporation which helps simplify the process.
- Old terminology – For example, referring to the “executive committee” instead of the “strata committee.”
How to Start a By-Law Review
A successful by-law overhaul starts with a structured approach:
1. Audit your current by-laws
Review what’s registered with NSW Land Registry Services and compare it to how your building actually operates.
2. Consult a professional
A strata lawyer or experienced strata manager can help identify legal risks and opportunities for improvement.
3. Prioritise changes
Focus on the most outdated, problematic, or legally non-compliant by-laws first.
Drafting New By-Laws: Best Practices
When creating or updating by-laws, keep these principles in mind:
- Use plain English – Make them easy to understand for all residents.
- Be specific and enforceable – Avoid vague language like “reasonable noise”.
- Promote inclusivity – Consider accessibility, cultural diversity, and modern family structures.
- Start with model by-laws – NSW Fair Trading provides a helpful set of templates.
Getting Owner Approval
To adopt new by-laws, you’ll need a special resolution at a general meeting (at least 75% of votes in favour). Tips for success:
- Communicate early – Share drafts and invite feedback.
- Explain the benefits – Focus on how changes will improve community living. This is such an important step.
- Follow the process – Once passed, register the by-law with NSW Land Registry Services within 6 months.
Real-Life Example
One Helensburgh strata scheme recently updated its by-laws to allow EV charging (a topic for another day), clarify renovation rules, and permit pets with reasonable conditions. The result? Fewer disputes, happier residents, and a more future-ready building.
Final Tips
As Nike says, “Just do it.”
If your strata committee has been tasked with reviewing the by-laws, I encourage you to approach it with intention and care. This isn’t a “tick and flick” exercise – it’s a meaningful opportunity to shape the way your community lives and interacts.
The best outcomes happen when the by-law review is the primary focus of a strata committee meeting, held in a setting that supports thoughtful discussion. That doesn’t mean it has to be in a boardroom, some of the most productive meetings I’ve attended have taken place in local cafés or online (but please, not meetings in the car park or in a stairwell!). What matters most is the mindset: a shared commitment to creating a clear, sensible, and practical set of by-laws that support a harmonious strata community.
- Schedule a by-law review every 5 years.
- Keep digital copies accessible to all owners and residents.
- Educate new residents about key by-laws during onboarding.
Resources
- NSW Fair Trading: By-Laws Guide
- Strata Community Association NSW
- Your strata manager or legal adviser
Reviewing your by-laws doesn’t need to be a complicated process. With the right strata manager leading or supporting the review, it can be efficient, straightforward, and far less costly than many committees expect. I’ve heard from several clients who’ve had challenging experiences elsewhere – but it doesn’t have to be that way. It probably speaks more to the inexperience, or time poor, strata manager assisting the process. That is not a shot at him or her, more, a reality in strata today where some businesses have strata managers in unmanageable portfolios (unlike Bettr Strata).
If your scheme is still operating under outdated by-laws, now is the perfect time to undertake a comprehensive review. I hope this article has helped demystify the process and encourages you and your strata committee to take that first step today. I have also included a quick checklist that might assist you and your strata committee as well.
Until next week,
JM
Strata By-Law Review Checklist by Bettr Strata
A disclaimer as my lawyer said I should add it here: This article is intended to provide general information only and does not constitute legal advice. You should seek independent legal advice tailored to your specific circumstances before acting on any of the information provided.