NSW: OOPS… Someone didn’t Include all Their By-Laws in the Consolidated Set!

This article is about consolidating by-laws has been provided by Bannermans Lawyers.

At Bannermans, we process a high volume of consolidated by-laws and are often found in situations where we are tasked with rectifying issues which involve registered by-laws having been omitted from the scheme’s consolidated set. Quite often, this arises at the point of sale. However, do not fear, as here is what to do:

1. A request form will need to be signed and executed by the strata manager. This request form is to be submitted to New South Wales Land Registry Services (NSWLRS) and provides NSWLRS with a clear explanation as to what dealing needs to be amended and what by-laws need to be added.
2. A statutory declaration will need to be also signed and executed by the strata manager and in the presence of a justice of the peace or a solicitor. This will also be submitted to NSWLRS. In the statutory declaration, the strata manager declares that the most recent dealing was incorrectly registered as it omitted previously registered by-laws. The declaration also explains that an updated consolidation of by-laws has been attached and the error has been corrected. The justice of the peace or solicitor must confirm that they were in the presence of this person when the declaration was made and that they were able satisfy the conditions that verifies the identity of this person.
3. An approved form 23 will also need to be executed and submitted to NSWLRS. This is a very common form that most strata managers should be very familiar with. Recently, NSWLRS has updated the conditions for the execution of an approved form 23. It needs to be sealed with the Owners Corporation stamp as well as signed. If this signature was executed electronically, it must now include the following statement; “Electronic signature of me, [..insert name..] affixed by me, or at my direction, on [..insert date..]”

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Bannermans Lawyers
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This post appears in Strata News #565.

The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

This article has been republished with permission from the author and first appeared on the Bannermans Lawyers website.

Have a question about enforcement of strata by-laws or something to add to the article? Leave a comment below.

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