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By-laws are the rules that govern life in a strata scheme — pets, parking, noise, renovations, short-term letting and more. Owners can change them, but only by following the right process: a special resolution, then registration. Skip a step and the new by-law simply does not bind anyone. Here is how it works in NSW.
What by-laws are
By-laws are your scheme’s rule book. Every scheme has them — either the model by-laws set out in the Strata Schemes Management Regulation 2016 or a customised set adopted by the owners. They cover the common, contentious topics: keeping pets, parking, noise, smoke drift, renovations and short-term letting. Owners and occupiers must comply with the scheme’s registered by-laws.
Changing a by-law: the process
Only the owners corporation can make, change or repeal a by-law, and it must do so by special resolution at a general meeting — at least 75% in favour, counted by unit entitlement (no more than 25% against). The motion has to set out the exact wording of the new or amended by-law, circulated with the meeting notice so owners know precisely what they are voting on.
Registering it — the step that makes it real
Passing the resolution is not the finish line. Under the Strata Schemes Management Act 2015, a by-law change has no legal effect until it is registered with NSW Land Registry Services (LRS) — and you must lodge it within six months of the special resolution. Miss the deadline and the resolution lapses; the by-law is void and unenforceable. You lodge a consolidated set of the scheme’s by-laws (a Consolidation/Change of By-laws dealing), recorded against the common property title. Most schemes use a strata lawyer or an LRS information broker to lodge.
Run the vote, record it, keep the by-law
OneStrata puts the by-law motion to owners, applies the 75% special-resolution test, records the result, and stores the by-law with the building — so the decision is clean and the document is where you will find it.
The pet rules — what you can and can’t do
Pets are the most-litigated by-law topic, and the law is now clear: a scheme cannot unreasonably prohibit keeping an animal. After the Court of Appeal struck down a blanket pet ban in Cooper v The Owners – Strata Plan No 58068 (2020), section 137B was added to the Act. It says any by-law (or decision under one) has no effect to the extent it would unreasonably prohibit keeping an animal, and that it is taken to be reasonable to keep an animal unless it unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property. The Regulation lists what counts as unreasonable interference — for example, persistent noise, or an animal repeatedly running at or chasing people. So a ‘no pets’ by-law is unenforceable; a by-law setting reasonable conditions is fine.
Common property rights by-laws
If a by-law gives an owner exclusive use of, or special privileges over, common property — a courtyard, a storage area, a parking space — it is a common property rights by-law. These need both a special resolution and the written consent of the owner(s) who will hold the right, and the by-law must say who is responsible for maintaining that common property. Since 1 July 2025, amending or revoking a common property rights by-law also requires the affected owner’s consent, which cannot be unreasonably refused.
What makes a by-law invalid
A by-law cannot be harsh, unconscionable or oppressive (section 139) — NCAT can declare such a by-law invalid (section 150). By-laws also cannot conflict with the Act or other laws: they cannot override anti-discrimination protections for assistance animals, or unreasonably ban pets as above. When drafting, keep by-laws reasonable, clear and within power.
Enforcing a by-law
If an owner or occupier breaches a registered by-law, the owners corporation can issue a notice to comply, and if the breach continues, apply to NCAT, which can impose a penalty. Enforcement only works if the by-law is validly made and registered — another reason the registration step matters.
The single most common by-law mistake is celebrating the vote and forgetting the lodgement. Until it is registered with NSW LRS — within six months — your new by-law binds no one. Diarise the registration the moment the resolution passes.
Doing it the easy way with OneStrata
- Run the special resolution. Put the by-law change to owners and let OneStrata apply the 75% threshold by unit entitlement, so you know it passed properly.
- Record the decision. The resolution and result sit in the meeting minutes, in a tamper-proof trail.
- Store the by-law. Keep your registered by-laws in document storage, so owners and the committee can always find the current rules.
- One honest note: registration with NSW LRS is a separate legal step — usually via a lawyer or broker — but OneStrata keeps the vote, the record and the document in order.
By-law change checklist
- Draft the exact wording of the new or amended by-law
- Check it is reasonable and within power (not harsh or oppressive; pet-rule compliant)
- Circulate the motion with the meeting notice
- Pass it by special resolution (75% or more by unit entitlement)
- For common property rights, get the owner’s written consent
- Lodge the consolidated by-laws with NSW LRS within six months
- Store the registered by-law and notify owners of the change
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This guide is general information for NSW strata committees, not legal advice. By-laws are governed by the Strata Schemes Management Act 2015 (including sections 137B, 139, 141–144 and 150) and its Regulation; registration is through NSW Land Registry Services. Always confirm current requirements with NSW Fair Trading (nsw.gov.au) and seek legal advice on drafting. OneStrata is record-keeping and management software for small to medium size strata schemes; it is not a licensed strata managing agent and never holds your funds.
Frequently asked questions
How do you change a strata by-law in NSW?
Pass a special resolution (at least 75% by unit entitlement) at a general meeting, then register the change with NSW Land Registry Services within six months. The by-law has no legal effect until it is registered.
Can a strata scheme ban pets in NSW?
No. Under section 137B a by-law cannot unreasonably prohibit keeping an animal, and blanket pet bans are unenforceable after the Cooper case. A scheme can set reasonable conditions and act if an animal unreasonably interferes with others.
Do strata by-laws have to be registered?
Yes. A by-law change has no legal effect until it is registered with NSW LRS, and it must be lodged within six months of the special resolution or the resolution lapses.
What is a common property rights by-law?
A by-law granting an owner exclusive use of, or special privileges over, common property. It needs a special resolution plus the owner's written consent, and must state who maintains that common property.