The standard Schedules 1 and 2 by-laws can be found in the Strata Titles Act 1985 (WA).
Section 42(2) of the Strata Titles Act 1985 (WA) provides that “[t]he provisions set out in Schedules 1 and 2 shall be deemed to be by-laws of the strata company … [unless amended, repealed or added].
Generally speaking, the Schedule 1 by-laws relate to the requirements of the Strata Company and how the business of the Strata Company is conducted and can only* be amended by resolution without dissent (or unanimous resolution, in the case of a two (2) lot scheme
For ease of reference, the headings of the standard Schedule 1 by-laws are as follows:
- Duties of proprietor, occupiers etc.
- Power of proprietor to decorate etc.
- Power of strata company regarding submeters
- Constitution of council
- Election of council
- Chairman, secretary and treasurer of council
- Chairman, secretary and treasurer of strata company
- Meetings of council
- Powers and duties of secretary of strata company
- Powers and duties of treasurer of strata company
- General meetings of strata company
- Proceedings at general meetings
- Restriction on moving motion or nominating candidate
- Votes of proprietors
- Common seal
Generally speaking, the Schedule 2 by-laws comprise of general rules and requirements that need to be followed when living in a strata titled property and can only* be amended by special resolution.
For ease of reference, the headings of the standard Schedule 2 by-laws are as follows:
- Vehicles
- Obstruction of common property
- Damage to lawns etc. on common property
- Behaviour of proprietors and occupiers
- Children playing upon common property in building
- Depositing rubbish etc. on common property
- Drying of laundry items
- Storage of inflammable liquids etc.
- Moving furniture etc. on or through common property
- Floor coverings
- Garbage disposal
- Additional duties of proprietors, occupiers etc.
- Notice of alteration to lot
- Appearance of lot
* The standard Schedules 1 and 2 by-laws can also of course be amended by an order of a Court, the State Administrative Tribunal or legislation.
Disclaimer: The information on this page is:
- based on the standard by-laws as contained in Schedules 1 and 2 of the Strata Titles Act 1985 (WA). By-laws for developments which have been amended may vary.
- intended to be general information only and NOT legal advice. No responsibility is accepted for any errors or omissions.