What are by-laws?
By-laws are essentially rules for a strata development.
The by-laws set out the obligations of the occupiers, guests and visitors of the units within a strata development.
Where can you find the by-laws?
The statutory by-laws, also referred to as the ‘standard by-laws’, form part of the Strata Titles Act 1985 (WA) (“Act“) and can be found in Schedules 1 and 2 that can be accessed from the State Law Publisher website here or the Austlii website here and here.
It is also important to also look at the registered strata plan for each development which can be obtained from Landgate, being Western Australia’s official register of land ownership and survey information, as there may be a notification indicating that the by-laws have been amended.
Landgate’s website can be accessed here.
How to read the by-laws
Schedule 1 by-laws contain all the by-laws which are associated with ownership and the relationship between lots and the strata company. Most deal with the requirements for calling and conducting meetings.
For example, under the standard by-laws, every year the strata development is obligated to hold an Annual General Meeting (AGM) to discuss issues such as the budget, election of the strata council and other general matters. The budget will determine how much each unit pays by way of strata levies, as well as what the levied money is allocated to.
Schedule 2 by-laws contain more of the ‘behavioural’ or ‘housekeeping’ rules for living within a residential strata scheme.
For example, they may include things such as noise restrictions, parking allowances, rubbish removal or even the hanging of washing, some of which may also have a monetary penalty attached to them. It is up to the strata company to issue breach of by-law notices if notified by other residents of breaches, as all owners and occupiers have to abide by these. Although the strata company can issue breach notices, in the event that the offending behaviour continues, enforcement can only be obtained through an application to the State Administrative Tribunal.
Because Schedule 2 by-laws are designed with more of a focus on residential strata developments, Schedule 2 by-laws for commercial development often have to be adapted to give them more of a commercial focus.
Disclaimer: The information on this page is intended to be general information only and NOT legal advice. No responsibility is accepted for any errors or omissions.
