Strata bylaws help your building run smoothly. They set expectations around noise, parking, pets, renovations, common property and day-to-day behaviour.
But a bylaw is only useful when it’s lawful, clear, current and properly managed.
If your owners corporation is relying on outdated rules, using different versions of the bylaws or enforcing them inconsistently, small issues can quickly become expensive disputes. The good news is that most problems can be fixed with a proper review and a more organised process.
Here are seven common mistakes to look for in your NSW strata scheme.
Important: This article is general information only. Strata legislation can be complex, so obtain independent legal advice about your specific circumstances.
1. You’re relying on a bylaw that isn’t legally valid
Not every rule written in a bylaw is enforceable.
Under the Strata Schemes Management Act 2015, bylaws must not be harsh, unconscionable or oppressive. They also can’t conflict with other laws.
For example, a bylaw generally can’t:
- Ban children from living in a residential strata scheme
- Stop an owner from selling, leasing or mortgaging their lot
- Prevent a resident from having an assistance animal
- Ban pets without considering whether the animal unreasonably interferes with other residents
- Override tenancy, discrimination, planning or other relevant legislation
- Grant exclusive use of common property without following the correct process
An old bylaw may have been accepted years ago but still be invalid today. It’s also possible for a newer bylaw to become problematic if legislation changes.
How to fix it
Arrange a bylaw audit. Review your current rules against the Act, the relevant regulations and your scheme’s actual needs.
Pay particular attention to bylaws covering pets, children, smoking, short-term letting, renovations, parking and exclusive use of common property.
When in doubt, ask a strata lawyer to review the wording before your owners corporation tries to enforce it. It’s much easier to correct a questionable rule early than defend it during an NCAT dispute.
2. You passed a bylaw but never registered it
A special resolution at a general meeting is not the final step.
When an owners corporation changes, adds or repeals a bylaw, the change must be lodged with NSW Land Registry Services within six months of the special resolution.
The change is not valid or enforceable until it has been recorded by NSW LRS.
This is one of the easiest mistakes to make. The meeting minutes might say that a new renovation, parking or pet bylaw was approved, while the registered records still show the old version.
That creates confusion for everyone.
How to fix it
After the resolution:
- Prepare the required consolidation or change of bylaws documentation.
- Attach the updated bylaws.
- Arrange electronic lodgement with NSW LRS.
- Save the registration evidence with your scheme records.
- Give owners and residents access to the current version.
If more than six months has passed, you may need to put the motion forward again before lodging it. Your strata manager or solicitor can help confirm the correct next step.
3. You copied the model bylaws without reviewing your scheme’s needs
Model bylaws are useful templates. They can give an owners corporation a sensible starting point for rules about pets, noise, parking and other common matters.
But copying them without thinking about your building can create gaps.
A high-rise apartment building with basement parking, shared lifts, balconies and a gym may need different practical rules from a small villa scheme. A mixed-use building may also need to consider how residential and commercial areas interact.
The opposite mistake is just as common: never reviewing your bylaws at all.
Your scheme may still be relying on rules that are outdated, unclear or no longer suitable for the way people use the property. New issues such as electric vehicle charging, e-bikes, parcel deliveries, security systems and short-term letting may not be covered properly.
How to fix it
Treat the model bylaws as a starting point, not a complete management plan.
Compare your registered bylaws with:
- The current model bylaws
- Your building’s plan and common property arrangements
- Previous bylaw amendments
- Current legislation
- Recurring issues reported by owners and residents
Then make targeted changes where there is a genuine need. A focused review is usually more useful than replacing every rule just because a newer template exists.
4. Your bylaws are too vague to apply in real life
“Residents must not make excessive noise” sounds reasonable. But what does excessive mean?
Does it apply during the day? Is a one-off birthday party treated the same as regular loud music at midnight? What evidence is needed? Who should a resident contact?
Vague wording makes it difficult for owners, residents, committees and strata managers to know what happens next. It can also make enforcement harder.
A bylaw should be clear enough for an ordinary resident to understand without needing to interpret a legal puzzle.
How to fix it
Use plain, specific language wherever possible.
A well-drafted bylaw should identify:
- What behaviour is required or prohibited
- Where the rule applies
- Who is responsible
- Any reasonable exceptions
- How approval is requested
- What happens if the rule is breached
For example, a renovation bylaw may explain the application process, required documents, working hours, protection of common property, waste removal and responsibility for damage.
Avoid absolute rules that are impossible to monitor. A practical rule that residents understand is more valuable than a dramatic rule that nobody can fairly apply.
5. You ignore breaches or enforce the rules inconsistently
Bylaws work best when they’re managed calmly and consistently.
Ignoring repeated breaches can cause frustration for residents who follow the rules. However, applying a rule only against certain owners can create a different problem. Selective enforcement may be viewed as unfair or oppressive.
A good process usually starts with an informal conversation or written warning. If the conduct continues, the owners corporation, strata committee or strata manager may issue a formal notice to comply, provided the legal requirements are met.
Further steps can include mediation and an application to the NSW Civil and Administrative Tribunal. The NSW Government bylaw guidance explains this general sequence.
How to fix it
Create a written enforcement process that sets out:
- How a complaint is recorded
- How the bylaw is checked
- When an informal warning is appropriate
- Who approves a notice to comply
- What information the notice must contain
- When mediation or NCAT may be considered
Keep records of complaints, correspondence, committee decisions and notices.
You don’t need to turn every disagreement into a courtroom drama. But you do need a fair process that is followed for everyone.
6. You assume tenants don’t need to follow the bylaws
Tenants and other occupiers are affected by strata bylaws. Noise, parking, pets, smoking and renovation rules apply to the people living in the building, not just the person whose name appears on the title.
Landlords and agents must provide tenants with the current bylaws. The NSW Government states that tenants should receive them before signing the rental contract, and an updated copy must be provided when the bylaws change.
If a tenant doesn’t know the rules, it’s difficult to expect them to follow them. It can also make a preventable issue more difficult to resolve.
How to fix it
Landlords and agents should:
- Provide the current bylaws before or at the start of the tenancy
- Keep evidence that the bylaws were provided
- Tell tenants when relevant rules change
- Explain practical building requirements, such as parking and moving procedures
Owners corporations and strata managers can help by keeping the latest version easy to access through a resident portal or welcome information pack.
Clear communication prevents many complaints before they begin.
7. Your records contain several different versions of the bylaws
Which copy is the official one?
If the committee has one version, the strata manager has another and residents are using an old PDF, your scheme has a record-keeping problem.
This often happens after several amendments. Repealed rules remain in an old consolidated document, new rules are approved but not inserted correctly, or a common property right is affected by a subdivision and nobody updates the relevant bylaw.
NSW Land Registry Services recommends care with the wording, structure and registration of bylaws. It also makes clear that NSW LRS does not provide legal advice on whether your wording is correct.
How to fix it
Maintain one authoritative, dated copy of the consolidated bylaws.
Your records should include:
- The current NSW LRS-registered version
- Previous versions and repeal details
- Meeting notices, motions and explanatory notes
- Special resolution results
- Lodgement and registration evidence
- Common property rights documentation
- Communications sent to owners and tenants
Schedule a periodic check to make sure your internal copy matches the registered record. Store it with your other important digital records, including meeting minutes, insurance documents and maintenance reports.
Organisation matters. It saves time when someone needs an answer.
A practical bylaw review checklist
If your scheme is due for a review, start with these questions:
- Are the bylaws current and legally valid?
- Do they reflect how residents actually use the building?
- Are any rules unclear or difficult to enforce?
- Were all changes registered with NSW LRS?
- Do owners, tenants and agents have access to the current version?
- Are complaints handled consistently?
- Are meeting and enforcement records complete?
- Do common property rights and maintenance responsibilities remain accurate?
If the answer to any of these questions is “we’re not sure”, that’s a good reason to investigate.
We can help keep the process clear
Bylaw issues can become personal quickly. One resident feels ignored. Another feels targeted. A committee is left trying to interpret old documents while keeping the building moving.
You don’t have to manage that confusion alone.
At The 1888 Co., we provide hands-on strata management across Sydney and Wollongong. We help owners corporations organise meetings, maintain accurate records, communicate with residents and work through compliance and dispute issues in a practical way.
We keep the details organised. We explain what happens next. And when a matter needs specialist legal advice, we’ll help you understand when to seek it.
If your strata scheme needs a bylaw review or more reliable day-to-day support, contact The 1888 Co. to discuss your needs.
