Difference between the standard Schedule 1 by-laws and the standard Schedule 2 by-laws

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“[t]he provisions set out in Schedules 1 and 2 shall be deemed to be by-laws of the strata company … [unless amended, repealed or added].

 

Standard Schedule 1 by-laws
 

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:

  1. Duties of proprietor, occupiers etc.
  2. Power of proprietor to decorate etc.
  3. Power of strata company regarding submeters
  4. Constitution of council
  5. Election of council
  6. Chairman, secretary and treasurer of council
  7. Chairman, secretary and treasurer of strata company
  8. Meetings of council
  9. Powers and duties of secretary of strata company
  10. Powers and duties of treasurer of strata company
  11. General meetings of strata company
  12. Proceedings at general meetings
  13. Restriction on moving motion or nominating candidate
  14. Votes of proprietors
  15. Common seal

 

Standard Schedule 2 by-laws
 

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:

  1. Vehicles
  2. Obstruction of common property
  3. Damage to lawns etc. on common property
  4. Behaviour of proprietors and occupiers
  5. Children playing upon common property in building
  6. Depositing rubbish etc. on common property
  7. Drying of laundry items
  8. Storage of inflammable liquids etc.
  9. Moving furniture etc. on or through common property
  10. Floor coverings
  11. Garbage disposal
  12. Additional duties of proprietors, occupiers etc.
  13. Notice of alteration to lot
  14. 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.

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