Every scheme has by-laws whether it thinks about them or not — the standard or model set that came with the plan of subdivision. The trouble starts when a committee decides the standard set isn't enough: it wants to ban short-term letting, restrict a particular breed of dog, charge for visitor parking, or stop owners hanging washing off the balconies. So it passes a "rule" at a committee meeting, emails it around, and treats it as law. Months later an owner ignores it, the committee goes to enforce it, and discovers the rule was never a by-law at all — it wasn't passed by the right resolution, it was never registered, and even if it had been, it oversteps what a by-law is allowed to do. All that effort binds nobody. This guide sets out the three things that have to be right for a by-law to actually work: the resolution that makes it, the registration that gives it teeth, and the limits on what it can say in the first place — plus the correct way to enforce one when it's breached.
What a by-law actually is (and what it isn't)
A by-law is a rule, registered against the title of the strata scheme, that binds every owner, every occupier (including tenants), and the owners corporation itself. It runs with the land — a new owner is bound by the by-laws whether or not they ever read them. That "runs with the title" quality is the whole point, and it's also the reason a by-law can't be made casually: it's a change to the legal framework of the scheme, not a house rule.
Three things get confused with by-laws and shouldn't be:
- A committee decision — a resolution of the committee (fixing a gutter, approving a quote) binds the owners corporation to act, but it doesn't create a rule owners have to follow. It isn't a by-law.
- A "policy" or "house rule" the committee circulates — a notice that says "no washing on balconies" carries no legal force on its own. If it isn't a registered by-law, an owner who ignores it has broken nothing.
- A condition attached to an approval — for example, conditions on a renovation consent. These bind the owner who accepted them, but they aren't by-laws and don't bind anyone else.
If you want a rule that every current and future owner and tenant must obey, and that a tribunal will enforce, it has to be a by-law — made by the right resolution and registered. Anything short of that is a request, not a rule.
The standard (model) by-laws
Most schemes start life under a set of model or standard by-laws set out in the state's strata regulations — covering the everyday basics like noise, behaviour, keeping common property clear, and not damaging the common property. They apply automatically until the scheme changes them. There is nothing wrong with running on the model set; plenty of small schemes never need more. The work in this guide begins when you want to add to, change, or repeal those defaults.
Making or changing a by-law: the resolution you need
This is the step committees most often get wrong, and it's the reason so many "by-laws" turn out to be unenforceable. You cannot make, change, or repeal a by-law at a committee meeting. It requires a decision of the owners as a whole, at a general meeting, passed by a special resolution (a supermajority) — not an ordinary majority, and not a committee vote.
A special resolution is a higher bar than a normal motion: broadly, it passes only if the votes against it stay under a set fraction (commonly a quarter or a third, depending on the state) of the votes cast or of the total entitlements. The exact threshold is state-specific — see the callouts below — but the principle is national: changing the scheme's rules needs a supermajority of owners, decided at a properly convened general meeting. If you're hazy on how the thresholds and vote-counting actually work, read Ordinary, Special, and Written Resolutions Explained first — a by-law that passed on the wrong majority is void, and you usually find out at the worst time, when you try to enforce it.
The practical sequence to make or change a by-law:
- Draft the by-law in final wording. Owners vote on the exact text, so the motion must set out the by-law word for word — not "a by-law to deal with parking," but the actual clause. Vague drafting is how you end up with a by-law you can't enforce because nobody can say precisely what it requires.
- Put it on the agenda of a general meeting as a motion for a special resolution, with the full text included in the notice. Owners have to see the wording before the meeting; you can't spring it on the floor.
- Give the required notice for the meeting (the notice period is state-specific — check yours).
- Pass it by special resolution at the meeting, and record the vote count in the minutes precisely enough to show the threshold was met.
- Register the change (see the next section) — this is not optional and not automatic.
Why the exact wording matters more than you'd think
A by-law is enforced on its words. "Owners must keep noise to a reasonable level" is nearly useless — "reasonable" is whatever the person breaching it says it is. "No owner or occupier may keep more than one dog or cat without the written approval of the owners corporation" can actually be enforced. Draft for the tribunal that might one day have to read it, not for the AGM room. For anything consequential — restricting letting, imposing charges, creating an exclusive-use right over common property — it's worth having the wording checked by a strata lawyer before it goes to the vote. A few hundred dollars at the drafting stage beats a void by-law and a lost tribunal case later.
Registration: the step that makes it real
Passing the special resolution is only half the job. In every Australian jurisdiction, a change to the by-laws only takes legal effect once it's registered with the relevant land titles or registration authority — and until it's registered, it binds no one. This is the single most common fatal gap in self-managed schemes: the AGM votes the by-law up, everyone treats it as live, and nobody ever lodges it. Years later it's tested and the answer is simple — it was never registered, so it never existed as a by-law.
What registration involves varies by state, but the pattern is consistent:
- After the special resolution passes, the owners corporation must lodge the change (usually a prescribed form or notification of the new/changed/repealed by-law) with the state land registry or titles office.
- There is usually a time limit to lodge after the resolution — miss it and you may have to pass the resolution again.
- Once registered, the by-law is enforceable against everyone, including owners who voted against it and future buyers.
- The scheme must keep a consolidated, up-to-date set of its by-laws and make it available to owners, prospective buyers, and tenants (agents give incoming tenants a copy).
Treat "passed" and "registered" as two separate boxes to tick, because legally they are. A by-law that's passed but not registered is not a by-law yet — it's a decision that hasn't been carried out.
The real limits on what a by-law can do
Even a by-law that's properly passed and registered can be invalid if it oversteps the limits the law puts on by-laws. A supermajority of owners does not give the scheme power to make any rule it likes. Tribunals regularly strike down registered by-laws, so knowing the boundaries before you draft saves you the vote-and-lose cycle. The recurring limits, national in spirit even where the wording differs by state:
- It can't be harsh, unconscionable, or oppressive. This is the big one. A tribunal can revoke a by-law that operates unfairly or oppressively against an owner or occupier — even one the majority voted for. A blanket ban that ignores individual circumstances is the classic example.
- It can't conflict with the strata legislation or any other law. A by-law can't override rights the Act gives owners, and it can't contravene anti-discrimination law, tenancy law, or planning law. A by-law that discriminates on a protected ground (say, against families with children, or a disability aid) is invalid regardless of the vote.
- It generally can't restrict a disability assistance animal. A registered "no pets" by-law almost never defeats a genuine assistance animal — that's protected under disability discrimination law that sits above the by-laws.
- Pet bans are heavily constrained. Several states have moved firmly against blanket "no pets" by-laws, and tribunals have struck them down as oppressive; a by-law that requires the owners corporation to consider pet requests reasonably (rather than refusing outright) is on far safer ground. Check your state — this area has changed a lot recently.
- It can't impose a penalty or "fine" of its own. A by-law can't create a private fines regime. Penalties for breaching a by-law come only through the statutory enforcement path (notice → tribunal → tribunal-ordered penalty), not a charge the committee invents.
- It generally can't interfere with an owner's fundamental dealing with their lot — for example, a by-law can't simply prohibit an owner from selling or leasing, though schemes can regulate aspects of letting to the extent the Act allows.
- It can't be used to hand common property to one owner without the right process. Granting exclusive use of, or special rights over, common property (a courtyard, a car space, a storage area) is possible but is a specific kind of by-law with its own, usually stricter, requirements — often the affected owner's consent plus the special resolution. Don't try to do it with an ordinary by-law.
The through-line: a by-law regulates the use and enjoyment of lots and common property and the running of the scheme. When it strays into penalising people, overriding statutory rights, or discriminating, it's exposed — no matter how many owners voted for it.
Enforcing a by-law when it's breached
A registered, valid by-law is only as good as your willingness to enforce it correctly. The mistake here is jumping straight to threats, "fines," or the tribunal without following the statutory steps — which usually gets the enforcement thrown out. The enforcement path is broadly the same across the country, even though the form names and tribunals differ:
- Talk to the owner or occupier first. Most breaches are casual, not defiant. A direct, friendly word or a short letter resolves the large majority without any formal process, and it's the step tribunals expect you to have tried. (For neighbour-versus-neighbour flare-ups, the handling disputes guide covers the softer approach in detail.)
- Issue the formal notice. If it continues, the owners corporation issues the statutory breach notice — a notice to comply (NSW), breach notice, or the equivalent in your state. This is a prescribed form, it must identify the by-law breached and what the person has to do, and issuing it is usually itself a decision the committee makes properly and minutes. Getting the right notice, correctly filled out, is what makes everything downstream stand up.
- Only then go to the tribunal. If the breach continues after the notice, the owners corporation can apply to the state tribunal for an order — which can require compliance and, on a further breach, impose a monetary penalty payable to the scheme. The tribunal, not the committee, is what turns a breach into a penalty.
- Keep the paper trail. Dates, copies of correspondence, the notice, and the minutes of the decision to act. Enforcement lives or dies on records — a well-documented breach is straightforward; an "everyone knows they've been doing it" breach with nothing in writing is a weak case.
The two ways committees lose enforceable breaches are (a) trying to skip to a penalty without the notice, and (b) trying to enforce a "rule" that was never a registered by-law in the first place. Do it in order, on a valid by-law, with the paper to back it, and it holds.
How the states differ
By-laws are governed by each state's strata legislation, and the resolution threshold, registration authority, notice forms, and tribunals all vary. Use these as orientation and confirm the current detail for your scheme.
New South Wales — Strata Schemes Management Act 2015
By-laws are changed by special resolution at a general meeting and must be lodged with NSW Land Registry Services within 6 months of the resolution — miss that window and the change has no effect. A tribunal (NCAT) can revoke a by-law that is harsh, unconscionable or oppressive. NSW has specifically limited blanket pet bans: a by-law that unreasonably prohibits keeping an animal has been held to be invalid. Enforcement runs notice to comply → NCAT order → penalty. Keep a consolidated by-law set and give tenants a copy.
General information only — not legal advice.
Victoria — Owners Corporations Act 2006
Victoria distinguishes rules (made by the owners corporation, covering a prescribed list of matters like common property use, behaviour and parking) from the model rules that apply by default. Rules are made or changed by the owners corporation and must be registered/lodged to take effect, and a consolidated copy kept. A rule can't be inconsistent with the Act or with any other law. Breaches run through a breach notice → VCAT path, and Consumer Affairs Victoria oversees the sector. Confirm whether your OC is a prescribed or limited-function OC, which affects what rules apply.
General information only — not legal advice.
Queensland — Body Corporate and Community Management Act 1997
By-laws are recorded in the community management statement (CMS), and changing them means recording a new CMS — passed by the required resolution at general meeting and lodged with the titles registry to take effect. A by-law must be reasonable and can't be oppressive or unreasonable, discriminate between owners, or (in most cases) prohibit keeping an animal outright. The exact resolution type and process depend on your regulation module. Enforcement runs through a contravention notice and then the Commissioner for Body Corporate and Community Management (conciliation/adjudication) rather than a general tribunal.
General information only — not legal advice.
Western Australia — Strata Titles Act 1985
WA by-laws come in Schedule 1 (governance) and Schedule 2 (conduct) sets, amended by the required resolution (a special resolution for many changes) at general meeting and registered with Landgate — the change has no effect until registered, and there is a time limit to lodge. The 2020 reforms modernised the by-law rules and the dispute pathway. A by-law can't be inconsistent with the Act or other law. Disputes and enforcement go to the State Administrative Tribunal (SAT).
General information only — not legal advice.
South Australia, Tasmania, the ACT and the Northern Territory each set their own resolution thresholds, registration/lodgement authorities, notice forms and tribunals. The three-part shape — special (or prescribed) resolution, then registration, then a notice-before-tribunal enforcement path — holds across all of them, but confirm the specifics and the current pet-by-law position for your jurisdiction before you draft.
Common mistakes
1. "Passing" a by-law at a committee meeting
By-laws are made by the owners at a general meeting on a special resolution, not by the committee. A committee can propose a by-law and put it to the members, but it can't make one. A by-law "passed" by the committee is not a by-law.
2. Passing it but never registering it
The most common fatal gap. An unregistered by-law binds nobody, and there's usually a time limit to lodge after the vote. Treat "passed" and "registered" as two separate jobs — the second one is what makes it real.
3. Drafting a by-law that oversteps the limits
A supermajority can't authorise a by-law that's harsh, oppressive, discriminatory, or contrary to law. Blanket pet bans, private "fines," and rules that override statutory rights are the usual casualties. Draft inside the limits, or a tribunal will strike it down after you've done all the work.
4. Enforcing a "rule" that isn't a registered by-law
You can't enforce a house rule, a circulated policy, or a committee decision as if it were a by-law. If it isn't registered, an owner who ignores it has broken nothing.
5. Skipping the notice and jumping to a penalty
Enforcement runs conversation → statutory notice → tribunal. The committee can't impose its own fine, and skipping the notice usually gets the whole action thrown out. Follow the steps in order and keep the paper trail.
6. Vague wording
"Keep noise reasonable" enforces nothing. Draft the by-law in precise, testable terms — the tribunal reads the words, not the intention behind them.
Frequently asked questions
Can the committee make a by-law on its own?
No. Making, changing, or repealing a by-law needs a special resolution of the owners at a general meeting. The committee can draft one and put it to the members, but it can't pass one itself.
Do we have to register a by-law, or is passing it enough?
You have to register it. A by-law only takes legal effect once it's lodged with the state's land titles/registration authority, and there's typically a time limit to do so after the vote. Passed-but-unregistered means not yet a by-law.
Can we ban pets with a by-law?
Increasingly, no — not with a blanket ban. Several states have had blanket "no pets" by-laws struck down as oppressive, and a genuine disability assistance animal is protected regardless. A by-law that requires the owners corporation to consider requests reasonably is far safer than an outright prohibition. Check your state's current position before drafting.
Can a by-law fine an owner who breaches it?
Not on its own. A by-law can't create a private fines regime. Penalties come through the statutory path — the tribunal can order a monetary penalty after a breach continues past a formal notice, but the committee can't invent and charge a fine itself.
An owner is breaching a by-law — what do we actually do first?
Talk to them. Most breaches are careless, not deliberate, and a direct word or a short letter resolves the large majority. Keep the formal notice and the tribunal for the ones that don't stop — and document everything from the start.
Can we grant an owner exclusive use of part of the common property by by-law?
Yes, but it's a specific kind of by-law with its own, usually stricter, requirements — often the affected owner's consent on top of the special resolution — and it should be drafted carefully. Don't try to do it with an ordinary use by-law.
Quick checklist
- [ ] The rule you want is drafted as a by-law in final, precise wording, not a vague policy
- [ ] It's put to a general meeting as a motion for a special resolution, with the full text in the notice
- [ ] The required notice period for the meeting is given
- [ ] It's passed by special resolution and the vote count is minuted precisely enough to show the threshold was met
- [ ] The change is registered/lodged with the state authority within the time limit
- [ ] The by-law stays inside the limits — not harsh, oppressive, discriminatory, or contrary to law, and no private "fine"
- [ ] A consolidated, current set of by-laws is kept and made available to owners and tenants
- [ ] Enforcement follows conversation → statutory notice → tribunal, with a full paper trail
Related resources
- Ordinary, Special, and Written Resolutions Explained
- How to Handle a Dispute Between Owners Before It Escalates
- Common Property vs Lot Property: Who's Responsible for What?
This guide is general information for self-managed strata schemes in Australia. It is not legal advice. By-law procedures, resolution thresholds, registration requirements, the limits on what a by-law can do (including the position on pets), notice forms, and tribunals differ between states and change over time — always check the strata legislation and regulations that apply to your scheme, and seek professional advice before making or enforcing a by-law where the stakes warrant it.