ByLaws - Consolidation/Change | By-laws and outlaws | Flat Chat Forum: Your Questions Answered




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ByLaws - Consolidation/Change
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KERA
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20/04/2017 - 3:45 pm
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Hi Jimmy

We are a 1972 Scheme and we have at least 3 ByLaws that were supposed to be registered during the past 10 years but were not. Do we have to back track and  go through the whole process again?  What happens if we do nothing? What are the consequences? 

Also do we have to adopt the new model bylaws or can we stay with what we have after reviewing them? 

Thank you. 

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JimmyT
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20/04/2017 - 4:07 pm
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Have a look HERE.

You will need to pass and register the other three by-laws as they should have been registered within six months of having been agreed. However, this is a good opportunity to review their intent and wording.

You can't just keep using your previous by-laws - the new ones listed in the link above now apply.

141 Procedure for changes to by-laws
(1) An owners corporation may, in accordance with a special resolution of the owners corporation, change the by-laws of the strata scheme.
(2) A change to the by-laws of a strata scheme has no effect until:
(a) the owners corporation has lodged a notification with the Registrar-General in the manner approved by the Registrar-General, and
(b) the Registrar-General has made an appropriate recording of the notification in the folio of the Register for the common property.
(3) The secretary of the owners corporation must keep a consolidated up to date copy of the by-laws for the strata scheme.
(4) A notification cannot be lodged in the Registrar-General’s office more than 6 months after the passing of the resolution to make the by-law.

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KERA
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20/04/2017 - 4:17 pm
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Once again....thank you for your help. 

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