By-law not registered after a year, emails not replied to. | The Professionals | Flat Chat Forum: Your Questions Answered




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By-law not registered after a year, emails not replied to.
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Fey Knows
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09/06/2017 - 4:13 pm
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We had our Annual General Meeting last Monday at our Strata Managers offices.

A by-law, passed at our AGM last year May 2016, has not yet been registered by our SM but we couldn't discuss that at this year's AGM as it was a busy meeting and it was not on the, very full, agenda. 

I was advised to email the SM with the questions 'why it hadn't been registered after a year' and 'when it would be registered' which I did on Tuesday morning. It is now Friday and I haven't had an answer. I know the email arrived, the receptionist confirmed this. 

Yes, I know there is a ridiculous amount of time allowed for registering by-laws once approved—two years or something—but to me a year seems inexcusable, as does failing to reply to an email request after four days.

Am I being unreasonable? How can I get some action? It seems the new Strata Titles Act has had no effect at all on our SM.

The by-law was restricting hours building work is allowed and almost all owners want this. (This is also the subject of another thread at the moment.) 

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Cosmo
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10/06/2017 - 12:13 pm
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Hi,

I am not sure what state you are in but you should check whether the time to register the bylaw has expired.  

Our strata is in NSW. This year we registered bylaws that were passed over a year ago and were informed by the Land and Property office that as the vote was move than 6 months ago we had to take new vote.

Previously we had 2 years to register them but the law had changed.

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JimmyT
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19/06/2017 - 7:05 pm
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I just checked.  Section 141 says you have only 6 months to register the by-law. You should charge your Strata Manager for the costs of another General Meeting, which you will need to re-vote and pass the by-law.

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JimmyT
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20/06/2017 - 8:45 am
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Or maybe you should just get a strata manager who actually manages.  I would consider failure to register a by-law as a sackable offence under the terms of most strata management contracts.

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Sir Humphrey
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20/06/2017 - 10:03 am
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In the meantime, any written permission given for building work should include explicitly that the permission is conditional on compliance with resolution on work hours. That should give it a degree of enforceability and visibility until the by-law is registered. 

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