By-laws resolved pre 30 November 2016 still have 2 years for rego

The Strata Schemes Management Act 2015, which took effect on 30 November 2016, provides that by-laws must be registered with Land and Property Information within 6 months of the meeting at which they were approved by special resolution (see section 141).

It has recently come to our attention that Land & Property Information has implemented a procedure whereby it is accepting by-laws specially resolved prior to 30 November 2016 outside of this 6 month period: these by-laws may be registered up to 2 years after the meeting at which they were approved.

This is consistent with the former law.

The procedure is set out by the LPI as follows:

“Where a special resolution was passed prior to the commencement of the Strata Schemes Management Act 2015 and validly created under the former Strata Management Act 1996, a change of by-laws will not be accepted for lodgement where more than 2 years have lapsed since the passing of the special resolution.”

The heat seems to be off for those strata managers and buildings rushing to meet the 6 month deadline for by-laws specially resolved before 30 November 2016: the 2-year period still applies to such by-laws.

Details are on the LPI website here.

Posted in LCOR