How are body corporate by-laws changed?
Answer
By-laws can only be changed by a resolution passed at a general meeting of lot owners — they cannot be changed by the committee alone.
Most by-law changes require a special resolution, meaning no more than 25% of votes cast can be against the motion. Some changes (particularly those affecting exclusive use areas) require a resolution without dissent — no votes against at all.
Once passed, the new or amended by-law must be recorded in the community management statement by lodging an updated CMS with the Titles Registry. A by-law change is not legally effective until it has been registered.
This process means by-laws are relatively stable and difficult to change without broad owner agreement.
This article is general information only and not legal advice.
This is general information only and does not constitute legal advice. For complex matters, consult a licensed strata lawyer.