Conslidation/Change of By-Laws - Novice Question | By-laws and outlaws | Flat Chat Forum: Your Questions Answered


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Conslidation/Change of By-Laws - Novice Question
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18/04/2017 - 9:07 am
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Hi everyone, I’ve been reading this forum and need to ask for clarification on our small 6 lot scheme registered in 1996. I’ve taken over the self management of our scheme and am trying to get it back on track.

We currently have the By-Laws as described in Schedule 2 SSMR 2016.

In order to adopt the Model By Laws in Sch 3 and the Common Property Memorandum in Clause 27, I’ve been given two conflicting advice.

The first advice I received advises us to record only on LPI NSW form 15CH that the “By Laws adopted will be the “Model By Laws” as described in Sch 3 SSMR 2016 and the Common Property Memorandum in Clause 27 SSMR 2016 has been adopted as a By-Law. Ive been told that there is no need to record the by law number that is being repealed or amended. If a new by law is being added – no need to give it the next number after the last numbered existing by-law.

The second advice I received says that I must record the affected by law being repealed or amended by their number. That I also need to add a new by law by giving it the next number after the existing by law number.

Can you please give clarification on this if we are adopting the Model By Laws and Property Memorandum with no amendments.

Thank you.

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