sec.30By-laws

### sec.30 By-laws Except as provided in this section the by-laws set forth in schedule 3 shall be the by-laws in force in respect of each plan. Save where otherwise provided in subsections (7) , (11) and (11A) a body corporate, pursuant to a special resolution, may, for the purpose of the control, management, administration, use or enjoyment of the lots and common property the subject of the plan, make by-laws amending, adding to or repealing the by-laws set forth in schedule 3 or any by-laws made under this subsection. An amendment of, addition to or repeal of the by-laws has no force or effect until the registrar of titles has, pursuant to a notification in the approved form lodged in the land registry by the body corporate, recorded the notification on the registered plan. The registrar of titles shall not record a notification on the registered plan in relation to an amendment of, addition to or repeal of the by-laws made more than 3 months prior to the lodgement of the notification. A lease of a lot or common property shall be deemed to contain an agreement by the lessee that the lessee will comply with the by-laws for the time being in force. Without limiting the operation of any other provision of this Act, the by-laws for the time being in force bind the body corporate and the proprietors and any mortgagee in possession (whether by himself, herself or any other person), lessee or occupier, of a lot to the same extent as if the by-laws had been signed and sealed by the body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of the by-laws. No by-law or any amendment of or addition to a by-law shall be capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing therewith or to destroy or modify any easement, service right or service obligation implied or created by this Act. With the written consent of the proprietor or proprietors of the lot or lots concerned, a body corporate may, pursuant to a resolution without dissent make a by-law— conferring on the proprietor of a lot specified in the by-law, or on the proprietors of the several lots so specified— the exclusive use and enjoyment of; or special privileges in respect of; the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the body corporate, by the proprietor or proprietors of the lot or several lots) specified in the by-law; or amending, adding to or repealing a by-law made in accordance with this subsection. A by-law referred to in subsection (7) shall either provide that— the body corporate shall continue to be responsible to carry out its duties pursuant to section 37 (1) (b) and (c) , at its own expense; or the proprietor or proprietors of the lot or lots concerned shall be responsible for, at the proprietor’s or proprietors’ expense, the performance of the duties of the body corporate referred to in paragraph (a) ; and in the case of a by-law that confers rights or privileges on more than 1 proprietor, any money payable by virtue of the by-law by the proprietors concerned— to the body corporate; or to any person for or towards the maintenance or upkeep of any common property; shall, except to the extent that the by-law otherwise provides, be payable by the proprietors concerned proportionately according to the relevant proportions of their respective lot entitlements. If a by-law does not provide as required by subsection (7A) (a) or (b) , the proprietor or proprietors shall be responsible at his, her or their own expense, for the duties of the body corporate referred to in subsection (7A) (a) . A by-law made pursuant to subsection (7) — need not identify or define the common property the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and may authorise a person (including the original proprietor or the original proprietor’s agent) to identify or define the common property and to allocate such identified or defined area of common property to the respective proprietors of each lot who are entitled by the by-law to the grant of exclusive use and enjoyment or special privileges; and may authorise the transposition of an identified or defined area of common property from one proprietor of a lot to another proprietor of a lot at any time and from time to time on receipt of written notice to the body corporate from both such proprietors. The notification on the registered plan referred to in subsection (7D) shall be given forthwith by the body corporate on receipt of a written request from the person referred to in subsection (7B) (b) or the proprietors referred to in subsection (7B) (c) . Neither the allocation of identified or defined common property nor any variation or transposition in relation thereto (which occurs after the commencement of the Building Units and Group Titles Act Amendment Act 1990 , other than sections 1 and 2 ) has any force or effect until the registrar of titles has, pursuant to a notification in the approved form lodged in the land registry by the body corporate, recorded the notification on the registered plan. The registrar of titles shall not record a notification on the registered plan in relation to an allocation of identified or defined common property or any variation or transposition in relation thereto (not being an allocation of identified or defined common property or any variation or transposition in relation thereto which occurred prior to the commencement of the Building Units and Group Titles Act Amendment Act 1990 , other than sections 1 and 2 ) which occurred more than 3 months prior to the lodgement of the notification. A by-law referred to in subsection (7) shall, while it remains in force, enure as appurtenant to, and for the benefit of, and (subject to section 40 (4) ) is binding upon, the proprietor or proprietors for the time being of the lot or lots specified in the by-law. To the extent to which such a by-law makes a proprietor directly responsible for the duties of the body corporate referred to in subsection (7A) (a) , it discharges the body corporate from the performance of those duties. Where a person becomes a proprietor of a lot at a time when, pursuant to a by-law, another person is liable to pay money to the body corporate, the person who so becomes proprietor is, subject to section 40 (4) , jointly and severally liable with the other person to pay the money to the body corporate. Any moneys payable by a proprietor to the body corporate under a by-law referred to in subsection (7) may be recovered, as a debt, by the body corporate in any court of competent jurisdiction. Where an order made under part 5 , division 3 has effect as if its terms were a by-law, a by-law may vary or nullify the effect thereof. However, such by-law shall be made pursuant to a resolution without dissent. A by-law which, but for this section, would have effect to prohibit or restrict— the keeping on a lot of a guide, hearing or assistance dog used by a proprietor or occupier of a lot who is a person with a disability who relies on a guide, hearing or assistance dog; or the use of a guide, hearing or assistance dog on a lot or common property by a person with a disability who relies on a guide, hearing or assistance dog; shall, to the extent of that prohibition or restriction, have no force or effect. For the purposes of subsection (12) — assistance dog , disability , guide dog and hearing dog have the meanings respectively assigned to them under the Guide, Hearing and Assistance Dogs Act 2009 . Subject to subsection (12) , each by-law in force in respect of a plan immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 19 shall, notwithstanding the commencement of that section, continue to be a by-law in force in respect of that plan except to the extent of any subsequent amendment or addition thereto or repeal thereof pursuant to this section. s 30 amd 1988 No. 23 s 19 ; 1990 No. 87 s 12 ; 1992 No. 64 s 3 sch 1 ; 2009 No. 4 s 124 (2) sch 3 ; 2021 No. 12 s 148 sch 3 ; 2022 No. 28 s 48 sch 1 (sec.30-ssec.1) Except as provided in this section the by-laws set forth in schedule 3 shall be the by-laws in force in respect of each plan. (sec.30-ssec.2) Save where otherwise provided in subsections (7) , (11) and (11A) a body corporate, pursuant to a special resolution, may, for the purpose of the control, management, administration, use or enjoyment of the lots and common property the subject of the plan, make by-laws amending, adding to or repealing the by-laws set forth in schedule 3 or any by-laws made under this subsection. (sec.30-ssec.3) An amendment of, addition to or repeal of the by-laws has no force or effect until the registrar of titles has, pursuant to a notification in the approved form lodged in the land registry by the body corporate, recorded the notification on the registered plan. (sec.30-ssec.3A) The registrar of titles shall not record a notification on the registered plan in relation to an amendment of, addition to or repeal of the by-laws made more than 3 months prior to the lodgement of the notification. (sec.30-ssec.4) A lease of a lot or common property shall be deemed to contain an agreement by the lessee that the lessee will comply with the by-laws for the time being in force. (sec.30-ssec.5) Without limiting the operation of any other provision of this Act, the by-laws for the time being in force bind the body corporate and the proprietors and any mortgagee in possession (whether by himself, herself or any other person), lessee or occupier, of a lot to the same extent as if the by-laws had been signed and sealed by the body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of the by-laws. (sec.30-ssec.6) No by-law or any amendment of or addition to a by-law shall be capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing therewith or to destroy or modify any easement, service right or service obligation implied or created by this Act. (sec.30-ssec.7) With the written consent of the proprietor or proprietors of the lot or lots concerned, a body corporate may, pursuant to a resolution without dissent make a by-law— conferring on the proprietor of a lot specified in the by-law, or on the proprietors of the several lots so specified— the exclusive use and enjoyment of; or special privileges in respect of; the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the body corporate, by the proprietor or proprietors of the lot or several lots) specified in the by-law; or amending, adding to or repealing a by-law made in accordance with this subsection. (sec.30-ssec.7A) A by-law referred to in subsection (7) shall either provide that— the body corporate shall continue to be responsible to carry out its duties pursuant to section 37 (1) (b) and (c) , at its own expense; or the proprietor or proprietors of the lot or lots concerned shall be responsible for, at the proprietor’s or proprietors’ expense, the performance of the duties of the body corporate referred to in paragraph (a) ; and in the case of a by-law that confers rights or privileges on more than 1 proprietor, any money payable by virtue of the by-law by the proprietors concerned— to the body corporate; or to any person for or towards the maintenance or upkeep of any common property; shall, except to the extent that the by-law otherwise provides, be payable by the proprietors concerned proportionately according to the relevant proportions of their respective lot entitlements. (sec.30-ssec.7AA) If a by-law does not provide as required by subsection (7A) (a) or (b) , the proprietor or proprietors shall be responsible at his, her or their own expense, for the duties of the body corporate referred to in subsection (7A) (a) . (sec.30-ssec.7B) A by-law made pursuant to subsection (7) — need not identify or define the common property the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and may authorise a person (including the original proprietor or the original proprietor’s agent) to identify or define the common property and to allocate such identified or defined area of common property to the respective proprietors of each lot who are entitled by the by-law to the grant of exclusive use and enjoyment or special privileges; and may authorise the transposition of an identified or defined area of common property from one proprietor of a lot to another proprietor of a lot at any time and from time to time on receipt of written notice to the body corporate from both such proprietors. (sec.30-ssec.7C) The notification on the registered plan referred to in subsection (7D) shall be given forthwith by the body corporate on receipt of a written request from the person referred to in subsection (7B) (b) or the proprietors referred to in subsection (7B) (c) . (sec.30-ssec.7D) Neither the allocation of identified or defined common property nor any variation or transposition in relation thereto (which occurs after the commencement of the Building Units and Group Titles Act Amendment Act 1990 , other than sections 1 and 2 ) has any force or effect until the registrar of titles has, pursuant to a notification in the approved form lodged in the land registry by the body corporate, recorded the notification on the registered plan. (sec.30-ssec.7E) The registrar of titles shall not record a notification on the registered plan in relation to an allocation of identified or defined common property or any variation or transposition in relation thereto (not being an allocation of identified or defined common property or any variation or transposition in relation thereto which occurred prior to the commencement of the Building Units and Group Titles Act Amendment Act 1990 , other than sections 1 and 2 ) which occurred more than 3 months prior to the lodgement of the notification. (sec.30-ssec.8) A by-law referred to in subsection (7) shall, while it remains in force, enure as appurtenant to, and for the benefit of, and (subject to section 40 (4) ) is binding upon, the proprietor or proprietors for the time being of the lot or lots specified in the by-law. (sec.30-ssec.9) To the extent to which such a by-law makes a proprietor directly responsible for the duties of the body corporate referred to in subsection (7A) (a) , it discharges the body corporate from the performance of those duties. (sec.30-ssec.9A) Where a person becomes a proprietor of a lot at a time when, pursuant to a by-law, another person is liable to pay money to the body corporate, the person who so becomes proprietor is, subject to section 40 (4) , jointly and severally liable with the other person to pay the money to the body corporate. (sec.30-ssec.10) Any moneys payable by a proprietor to the body corporate under a by-law referred to in subsection (7) may be recovered, as a debt, by the body corporate in any court of competent jurisdiction. (sec.30-ssec.11) Where an order made under part 5 , division 3 has effect as if its terms were a by-law, a by-law may vary or nullify the effect thereof. (sec.30-ssec.11A) However, such by-law shall be made pursuant to a resolution without dissent. (sec.30-ssec.12) A by-law which, but for this section, would have effect to prohibit or restrict— the keeping on a lot of a guide, hearing or assistance dog used by a proprietor or occupier of a lot who is a person with a disability who relies on a guide, hearing or assistance dog; or the use of a guide, hearing or assistance dog on a lot or common property by a person with a disability who relies on a guide, hearing or assistance dog; shall, to the extent of that prohibition or restriction, have no force or effect. (sec.30-ssec.12A) For the purposes of subsection (12) — assistance dog , disability , guide dog and hearing dog have the meanings respectively assigned to them under the Guide, Hearing and Assistance Dogs Act 2009 . (sec.30-ssec.13) Subject to subsection (12) , each by-law in force in respect of a plan immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 19 shall, notwithstanding the commencement of that section, continue to be a by-law in force in respect of that plan except to the extent of any subsequent amendment or addition thereto or repeal thereof pursuant to this section. - (a) conferring on the proprietor of a lot specified in the by-law, or on the proprietors of the several lots so specified— (i) the exclusive use and enjoyment of; or (ii) special privileges in respect of; the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the body corporate, by the proprietor or proprietors of the lot or several lots) specified in the by-law; or - (i) the exclusive use and enjoyment of; or - (ii) special privileges in respect of; - (b) amending, adding to or repealing a by-law made in accordance with this subsection. - (i) the exclusive use and enjoyment of; or - (ii) special privileges in respect of; - (a) the body corporate shall continue to be responsible to carry out its duties pursuant to section 37 (1) (b) and (c) , at its own expense; or - (b) the proprietor or proprietors of the lot or lots concerned shall be responsible for, at the proprietor’s or proprietors’ expense, the performance of the duties of the body corporate referred to in paragraph (a) ; - (c) to the body corporate; or - (d) to any person for or towards the maintenance or upkeep of any common property; - (a) need not identify or define the common property the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and - (b) may authorise a person (including the original proprietor or the original proprietor’s agent) to identify or define the common property and to allocate such identified or defined area of common property to the respective proprietors of each lot who are entitled by the by-law to the grant of exclusive use and enjoyment or special privileges; and - (c) may authorise the transposition of an identified or defined area of common property from one proprietor of a lot to another proprietor of a lot at any time and from time to time on receipt of written notice to the body corporate from both such proprietors. - (a) the keeping on a lot of a guide, hearing or assistance dog used by a proprietor or occupier of a lot who is a person with a disability who relies on a guide, hearing or assistance dog; or - (b) the use of a guide, hearing or assistance dog on a lot or common property by a person with a disability who relies on a guide, hearing or assistance dog;