Question: Should a Special Resolution for a by-law include the full by-law, which runs to two pages, or reference it as an attachment?
We are looking to renovate our bathroom. Should a Special Resolution for the by-law include the full by-law, which runs to two pages, or reference it as an attachment?
There is an Attachment A to the by-law which is includes builder’s details and a description of the work to be carried out.
Answer: We recommend that all particulars/details of the works be included within the text of the by-law itself.
For abundance of caution, we recommend that all particulars/details of the works be included within the text of the by-law itself as this is the document (once passed) which is registered on the folio of the common property with the Registrar General’s Office (NSW Land Registry Services) and becomes the permanent record of the approvals passed by the Owners Corporation.
However, your strata managing agent may keep on file this “Attachment A” together with the lot owner’s written consent both of which would be cross-referenced in the by-law and be available for production should a dispute arise.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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