[Heading amended: No. 19 of 2010 s. 4.]
[Part I heading deleted: No. 58 of 1995 s. 87(1).]
1 . Duties of proprietor, occupiers etc.
(1) A proprietor
forthwith carry out all work that may be ordered by any competent public
authority or local government in respect of his lot other than such work as
may be for the benefit of the building generally and pay all rates, taxes,
charges, outgoings and assessments that may be payable in respect of his lot;
repair and maintain his lot, and keep it in a state of good repair, reasonable
wear and tear, and damage by fire, storm, tempest or act of God excepted.
(1a) A proprietor
notify the strata company forthwith upon any change of ownership, including in
the notice an address of the proprietor for service of notices and other
documents under this Act; and
required in writing by the strata company, notify the strata company of any
mortgage or other dealing in connection with his lot, including in the case of
a lease of a lot, the name of the lessee and the term of the lease.
(2) A proprietor,
occupier or other resident of a lot shall —
and enjoy the common property in such a manner as not unreasonably to
interfere with the use and enjoyment thereof by other proprietors, occupiers
or residents, or of their visitors; and
use the lot or permit it to be used in such manner or for such purpose as
causes a nuisance to any occupier of another lot (whether a proprietor or not)
or the family of such an occupier; and
all reasonable steps to ensure that his visitors do not behave in a manner
likely to interfere with the peaceful enjoyment of the proprietor, occupier or
other resident of another lot or of any person lawfully using common property;
all reasonable steps to ensure that his visitors comply with the by-laws of
the strata company relating to the parking of motor vehicles.
[By-law 1 amended: No. 58 of 1995
s. 87(2); No. 14 of 1996 s. 4; No. 74 of 2003 s. 112(15).]
2 . Power of proprietor to decorate etc.
A proprietor may,
without obtaining the consent of the strata company, paint, wallpaper or
otherwise decorate the structure which forms the inner surface of the boundary
of his lot or affix locking devices, flyscreens, furnishings, furniture,
carpets and other similar things to that surface, if and so long as such
action does not unreasonably damage the common property.
3. Power of strata company regarding submeters
(1) Where the supply
of gas or electricity to a lot is regulated by means of a submeter, the strata
company may require the proprietor or other occupier of the lot to pay the
strata company by way of security for the payment of charges arising through
the submeter an amount not exceeding $200 and, if any amount so paid is
applied by the strata company under sub-bylaw (2), to pay such further
amount or amounts by way of such security as may be necessary to maintain the
amount of the security as, subject to this sub-bylaw, the strata company may
(2) The strata company
shall lodge every sum received under this by-law to the credit of an
interest-bearing account with an ADI (authorised deposit-taking institution)
as defined in section 5 of the Banking Act 1959 of the Commonwealth
and all interest accruing in respect of amounts so received shall, subject to
this by-law, be held on trust for the proprietor or occupier who made the
(3) If the proprietor
or other occupier of a lot in respect of which a submeter is used for the
supply of gas or electricity refuses or fails to pay any charges due for the
supply of gas or electricity to that lot, the strata company may apply in
payment of those charges all, or such part as is necessary, of any amount paid
to the strata company by that proprietor or occupier under this by-law,
including any interest that may have accrued in respect of that amount.
(4) Where a person who
has paid an amount under this by-law to a strata company satisfies the strata
company that he is no longer the proprietor or occupier of a lot and that the
strata company no longer has any liability or contingent liability for the
supply of gas or electricity to that lot during the period when that person
was a proprietor or occupier of the lot, the strata company shall refund to
that person the amount then held on his behalf under this by-law.
[By-law 3 amended: No. 26 of 1999
s. 104; No. 74 of 2003 s. 112(16).]
4 . Constitution of council
(1) The powers and
duties of the strata company shall, subject to any restriction imposed or
direction given at a general meeting, be exercised and performed by the
council of the strata company and a meeting of the council at which a quorum
is present shall be competent to exercise all or any of the authorities,
functions or powers of the council.
(2) Until the first
annual general meeting of the strata company, the proprietors of all the lots
shall constitute the council.
(3) Where there are
not more than 3 proprietors the council shall consist of all proprietors and
where there are more than 3 proprietors the council shall consist of not less
than 3 nor more than 7 proprietors as is determined by the strata company.
(4) Where there are
more than 3 proprietors the members of the council shall be elected at each
annual general meeting of the strata company or, if the number of proprietors
increases to more than 3, at an extraordinary general meeting convened for the
(5) In determining the
number of proprietors for the purposes of this by-law, co-proprietors of a lot
or more than one lot shall be deemed to be one proprietor and a person who
owns more than one lot shall also be deemed to be one proprietor.
(6) If there are
co-proprietors of a lot, one only of the co-proprietors shall be eligible to
be, or to be elected to be, a member of the council and the co-proprietor who
is so eligible shall be nominated by his co-proprietors, but, if the
co-proprietors fail to agree on a nominee, the co-proprietor who owns the
largest share of the lot shall be the nominee or if there is no co-proprietor
who owns the largest share of the lot, the co-proprietor whose name appears
first in the certificate of title for the lot shall be the nominee.
(7) On an election of
members of the council, a proprietor shall have one vote in respect of each
lot owned by him.
(8) Except where the
council consists of all the proprietors, the strata company may by special
resolution remove any member of the council before the expiration of his term
(9) A member of the
council vacates his office as a member of the council —
he dies or ceases to be a proprietor or a co-proprietor of a lot; or
receipt by the strata company of notice in writing of his resignation from the
office of member; or
the conclusion of an annual general meeting of the strata company at which an
election of members of the council takes place and at which he is not elected
or re-elected; or
(d) in a
case where he is a member of the council by reason of there being not more
than 3 proprietors, upon an election of members of the council (as a result of
there being an increase in the number of proprietors to more than 3) at which
he is not elected; or
where he is removed from office under sub-bylaw (8).
(10) Any casual
vacancy on the council may be filled by the remaining members of the council,
except that, in a case where a casual vacancy arises because of the removal
from office of a member under sub-bylaw (8), the strata company may
resolve that the casual vacancy shall be filled by the strata company at a
(11) Except where
there is only one proprietor, a quorum of the council shall be 2 where the
council consists of 3 or 4 members; 3, where it consists of 5 or 6 members;
and 4, where it consists of 7 members.
(12) The continuing
members of the council may act notwithstanding any vacancy in the council, but
so long as the number of members is reduced below the number fixed by these
by-laws as the quorum of the council, the continuing members or member of the
council may act for the purpose of increasing the number of members of the
council or convening a general meeting of the strata company, but for no other
(13) All acts done in
good faith by the council shall, notwithstanding that it is afterwards
discovered that there was some defect in the appointment or continuance in
office of any member of the council, be as valid as if that member had been
duly appointed or had duly continued in office.
5 . Election of council
The procedure for
nomination and election of members of a council shall be in accordance with
the following rules —
(1) The meeting shall
determine, in accordance with the requirements of by-law 4(3) the number
of persons of whom the council shall consist.
(2) The chairman shall
call upon those persons present and entitled to nominate candidates to
nominate candidates for election to the council.
(3) A nomination is
ineffective unless supported by the consent of the nominee to his nomination,
writing, and furnished to the chairman at the meeting; or
orally by a nominee who is present at the meeting.
(4) When no further
nominations are forthcoming, the chairman —
where the number of candidates equals the number of members of the council
determined in accordance with the requirements of by-law 4(3), shall
declare those candidates to be elected as members of the council;
where the number of candidates exceeds the number of members of the council as
so determined, shall direct that a ballot be held.
(5) If a ballot is to
be held, the chairman shall —
announce the names of the candidates; and
cause to be furnished to each person present and entitled to vote a blank
paper in respect of each lot in respect of which he is entitled to vote for
use as a ballot-paper.
(6) A person who is
entitled to vote shall complete a valid ballot-paper by —
writing thereon the names of candidates, equal in number to the number of
members of the council so that no name is repeated; and
indicating thereon the number of each lot in respect of which his vote is cast
and whether he so votes as proprietor or first mortgagee of each such lot or
as proxy of the proprietor or first mortgagee; and
signing the ballot-paper; and
returning it to the chairman.
(7) The chairman, or a
person appointed by him, shall count the votes recorded on valid ballot-papers
in favour of each candidate.
(8) Subject to
sub-bylaw (9), candidates, being equal in number to the number of members
of the council determined in accordance with by-law 4(3), who receive the
highest numbers of votes shall be declared elected to the council.
(9) Where the number
of votes recorded in favour of any candidate is the lowest of the numbers of
votes referred to in sub-bylaw (8) and —
number equals the number of votes recorded in favour of any other candidate;
each of those candidates were to be declared elected the number of persons
elected would exceed the number of persons required to be elected,
as between those
candidates, the election shall be decided by a show of hands of those present
and entitled to vote.
[By-law 5 amended: No. 74 of 2003
6 . Chairman, secretary and treasurer of council
(1) The members of a
council shall, at the first meeting of the council after they assume office as
such members, appoint a chairman, a secretary and a treasurer of the council.
shall not be appointed to an office referred to in sub-bylaw (1) unless
he is a member of the council; and
be appointed to one or more of those offices.
(3) A person appointed
to an office referred to in sub-bylaw (1) shall hold office
ceases to be a member of the council; or
receipt by the strata company of notice in writing of his resignation from
that office; or
another person is appointed by the council to hold that office,
(4) The chairman shall
preside at all meetings of the council at which he is present and, if he is
absent from any meeting, the members of the council present at that meeting
shall appoint one of their number to preside at that meeting during the
absence of the chairman.
7 . Chairman, secretary and treasurer of strata
(1) Subject to
sub-bylaw (2), the chairman, secretary and treasurer of the council are
also respectively the chairman, secretary and treasurer of the strata company.
(2) A strata company
may at a general meeting authorise a person who is not a proprietor to act as
the chairman of the strata company for the purposes of that meeting.
(3) A person appointed
under sub-bylaw (2) may act until the end of the meeting for which he was
appointed to act.
[By-law 7 inserted: No. 58 of 1995
s. 87(3); amended: No. 74 of 2003 s. 112(20).]
8 . Meetings of council
(1) At meetings of the
council, all matters shall be determined by a simple majority vote.
(2) The council
together for the conduct of business and adjourn and otherwise regulate its
meetings as it thinks fit, but the council shall meet when any member of the
council gives to the other members not less than 7 days’ notice of
a meeting proposed by him, specifying in the notice the reason for calling the
employ on behalf of the strata company such agents and employees as it thinks
fit in connection with the control and management of the common property and
the exercise and performance of the powers and duties of the strata company;
subject to any restriction imposed or direction given at a general meeting of
the strata company, delegate to one or more of its members such of its powers
and duties as it thinks fit, and at any time revoke the delegation.
(3) A member of a
council may appoint a proprietor, or an individual authorised under
section 45 of the Act by a corporation which is a proprietor, to act in
his place as a member of the council at any meeting of the council and any
proprietor or individual so appointed shall, when so acting, be deemed to be a
member of the council.
(4) A proprietor or
individual may be appointed under sub-bylaw (3) whether or not he is a
member of the council.
(5) If a person
appointed under sub-bylaw (3) is a member of the council he may, at any
meeting of the council, separately vote in his capacity as a member and on
behalf of the member in whose place he has been appointed to act.
(6) The council shall
keep minutes of its proceedings.
9 . Powers and duties of secretary of strata
The powers and duties
of the secretary of a strata company include —
preparation and distribution of minutes of meetings of the strata company and
the submission of a motion for confirmation of the minutes of any meeting of
the strata company at the next such meeting; and
giving on behalf of the strata company and of the council of the notices
required to be given under the Act; and
supply of information on behalf of the strata company in accordance with
section 43(1)(a) and (b) of the Act; and
answering of communications addressed to the strata company; and
calling of nominations of candidates for election as members of the council;
subject to sections 49 and 103 of the Act the convening of meetings of
the strata company and of the council.
10 . Powers and duties of treasurer of strata
The powers and duties
of the treasurer of a strata company include —
notifying of proprietors of any contributions levied pursuant to the Act; and
receipt, acknowledgment and banking of and the accounting for any money paid
to the strata company; and
preparation of any certificate applied for under section 43 of the Act;
keeping of the books of account referred to in section 35(1)(f) of the
Act and the preparation of the statement of accounts referred to in
section 35(1)(g) of the Act.
11 . General meetings of strata company
(1) General meetings
of the strata company shall be held once in each year and so that not more
than 15 months shall elapse between the date of one annual general
meeting and that of the next.
(2) All general
meetings other than the annual general meeting shall be called extraordinary
(3) The council may
when ever it thinks fit and shall upon a requisition in writing made by
proprietors entitled to a quarter or more of the aggregate unit entitlement of
the lots convene an extraordinary general meeting.
(4) If the council
does not within 21 days after the date of the making of a requisition
under this by-law proceed to convene an extraordinary general meeting, the
requisitionists, or any of them representing more than one-half of the
aggregate unit entitlement of all of them, may themselves, in the same manner
as nearly as possible as that in which meetings are to be convened by the
council, convene an extraordinary general meeting, but any meeting so convened
shall not be held after the expiration of 3 months from the date on which
the requisition was made.
(5) Not less than
14 days’ notice of every general meeting specifying the place, the
date and the hour of meeting and in case of special business the general
nature of that business, shall be given to all proprietors and registered
first mortgagees who have notified their interests to the strata company, but
accidental omission to give the notice to any proprietor or to any registered
first mortgagee or non-receipt of the notice by any proprietor or by any
registered first mortgagee does not invalidate any proceedings at any such
(6) If a proprietor
gives notice in writing to the secretary of an item of business that the
proprietor requires to be included on the agenda for the next general meeting
of the strata company, the secretary shall include that item on the agenda
accordingly and shall give notice of that item as an item of special business
in accordance with sub-bylaw (5).
[By-law 11 amended: No. 58 of 1995
12 . Proceedings at general meetings
(1) All business shall
be deemed special that is transacted at an annual general meeting, with the
exception of the consideration of accounts and election of members to the
council, or at an extraordinary general meeting.
(2) Except as
otherwise provided in these by-laws, no business may be transacted at any
general meeting unless a quorum of members is present at the time when the
meeting proceeds to business.
(3) One-half of the
persons entitled to vote present in person or by duly appointed proxy
constitutes a quorum.
(4) If within half an
hour from the time appointed for a general meeting a quorum is not present,
the meeting, if convened upon the requisition of proprietors, shall be
dissolved and in any other case it shall stand adjourned to the same day in
the next week at the same place and time and if at the adjourned meeting a
quorum is not present within half an hour from the time appointed for the
meeting, the persons entitled to vote and present constitute a quorum.
Sub-bylaws (3) and (4) do not apply to a general meeting of a strata
company referred to in section 50B.
(5) The chairman, may
with the consent of the meeting, adjourn any general meeting from time to time
and from place to place but no business may be transacted at an adjourned
meeting other than the business left unfinished at the meeting from which the
adjournment took place.
(6) Except where
otherwise required by or under the Act, resolutions may be passed at a general
meeting by a simple majority vote.
(7) At any general
meeting a resolution by the vote of the meeting shall be decided on a show of
hands unless a poll is demanded by any proprietor present in person or by
(8) Unless a poll be
so demanded a declaration by the chairman that a resolution has on the show of
hands been carried is conclusive evidence of the fact without proof of the
number or proportion of votes recorded in favour of or against such
(9) A demand for a
poll may be withdrawn.
(10) A poll if
demanded shall be taken in such manner as the chairman thinks fit and the
result of the poll shall be deemed to be the resolution of the meeting at
which such poll was demanded.
(11) In the case of
equality in the votes whether on a show of hands or on a poll, the question is
determined in the negative.
[By-law 12 amended: No. 58 of 1995
s. 87(5); No. 74 of 2003 s. 112(21).]
13 . Restriction on moving motion or nominating
A person is not
entitled to move a motion at a general meeting or to nominate a candidate for
election as a member of the council unless the person is entitled to vote on
the motion or at the election.
14 . Votes of proprietors
(1) On a show of hands
each proprietor has one vote.
(2) On a poll the
proprietors have the same number of votes as the unit entitlements of their
(3) On a show of hands
or on a poll votes may be given either personally or by duly appointed proxy.
(4) An instrument
appointing a proxy shall be in writing under the hand of the appointer or his
attorney and may be either general or for a particular meeting.
(5) A proxy need not
be a proprietor.
(6) Except in cases
where by or under the Act a unanimous resolution or a resolution without
dissent is required, no proprietor is entitled to vote at any general meeting
unless all contributions payable in respect of his lot have been duly paid and
any other moneys recoverable under the Act by the strata company from him at
the date of the notice given to proprietors of the meeting have been duly paid
before the commencement of the meeting.
(7) Co-proprietors may
vote by proxy jointly appointed by them and in the absence of such a proxy are
not entitled to vote on a show of hands, except when the unanimous resolution
of proprietors is required by the Act.
(8) On any poll each
co-proprietor is entitled to such part of the vote applicable to a lot as is
proportionate to his interest in the lot.
(9) The joint proxy
(if any) on a poll has a vote proportionate to the interests in the lot of
such of the joint proprietors as do not vote personally or by individual
[By-law 14 amended: No. 24 of 2000
15 . Common seal
(1) The common seal of
the strata company shall at no time be used except by authority of the council
previously given and in the presence of the members of the council or at least
2 members of the council, who shall sign every instrument to which the seal is
affixed, but where there is only one member of the strata company his
signature shall be sufficient for the purpose of this by-law.
(2) The council shall
make provision for the safe custody of the common seal.
[ 16. Deleted: No. 58 of 1995 s. 87(6).]
[Part II deleted: No. 58 of 1995 s. 87(7).]