How to Change Strata By-Laws in NSW: Special Resolution, Consolidation and Lodging with NSW LRS

The short answer

1. Draft the change and put it to a general meeting as a special resolution (s 141(1)).
2. Pass it. A special resolution passes if no more than 25% of the value of votes cast is against (s 5).
3. Lodge it with NSW LRS within 6 months, as a consolidated copy of all the by-laws (s 141(3); Development Regulation cl 24).
4. Wait for it to be recorded. The change "has no effect until" NSW LRS records it on the common property folio (s 141(2)).
5. Update your copy. The secretary keeps a consolidated, up-to-date copy of the by-laws (s 141(6)).

Step by step

1. Draft the by-law

Write the new, amended or repealed by-law in full. A new by-law takes the next number after the last existing one. Check it against the limits below. A by-law that breaks them can be declared invalid.

2. Put the motion on the agenda

The motion goes in the notice of a general meeting, with its full text, marked as needing a special resolution (Schedule 1, cl 8). Give at least 14 days' notice for an AGM, or 7 days for another general meeting (cl 7). A motion that wasn't in the notice can't be put to the meeting, apart from amendments to a motion that was (cl 18).

An owner can ask for a by-law motion to be put on the agenda by writing to the secretary. The request can include an explanation of up to 300 words (cl 4). If the notice of the meeting has already gone out, the motion goes on the next meeting's agenda.

3. Pass it by special resolution

At a properly called general meeting, the motion passes if no more than 25% of the value of the votes cast is against. Value means unit entitlement (s 5). The strata committee can't make or change by-laws itself (s 36(3)).

4. Prepare the consolidated by-laws

The change is lodged as a consolidated version of all the by-laws, including any model by-laws the scheme uses (Development Regulation cl 24). NSW LRS doesn't check the consolidated version against what's already recorded, so get it right. A by-law left out of the consolidation by mistake takes extra paperwork to fix.

You can also consolidate the by-laws by special resolution without changing any of them (s 141(4)).

5. Lodge with NSW LRS within 6 months

• The deadline. The owners corporation must lodge the notice within 6 months of the day the special resolution is passed (s 141(3)). NSW LRS won't accept a late lodgement, so the scheme would have to hold another meeting.
• The form. "Consolidation/Change of By-laws", form 15CH.
• Electronic lodgement only. Lodgement is electronic, through an electronic lodgement network. The strata manager or secretary can prepare it, but a subscriber, usually a solicitor or conveyancer, lodges it.
• What to attach:
  • the full consolidated by-laws
  • an attestation (Approved Form 23)
  • where the change affects only some lots, evidence that the initial period has expired, if the folio doesn't already show it
• Sealing. The owners corporation seal is attested under s 273, by two authorised people in schemes with more than 2 owners, or by the strata managing agent. The seal can be electronic.
• The fee. From 1 July 2026, the NSW LRS fee is $166.60 (excluding GST). Subscriber charges are extra.
• Caveats. A caveat on the common property folio prevents registration.

6. After it's recorded

Once NSW LRS records the change, it takes effect (s 141(2)). The secretary updates the consolidated copy (s 141(6)) and the strata roll (s 178). Give owners, and the managing agent if there is one, the new version.

Motion template

Adapt the wording to your scheme. For anything that affects owners' rights, ask a strata lawyer to review it.

Checklist

• The new or amended by-law is drafted in full and checked against the limits in ss 136–139B
• The full text is in the meeting notice, marked as a special resolution
• Notice went out at least 14 days before an AGM, or 7 days before another general meeting
• For an exclusive use by-law, each benefiting owner's written consent is in hand
• The special resolution passed, and the minutes record the full text
• The consolidated by-laws include every by-law in force, including any model by-laws
• The form 15CH, consolidated by-laws and attestation are ready for the lodging subscriber
• Lodgement is within 6 months of the meeting
• After recording, the consolidated copy and strata roll are updated and owners have the new version

What a by-law can't do

• Be harsh, unconscionable or oppressive (s 139(1)).
• Conflict with the law. A by-law has no effect to the extent it's inconsistent with any Act or law (s 136(2)).
• Stop a sale, lease or mortgage of a lot (s 139(2)). Short-term rental by-laws are the exception (s 137A).
• Restrict children under 18 living in residential lots, except in retirement villages and housing for older people (s 139(4)).
• Ban assistance animals. A by-law can only require evidence (s 139A).
• Block sustainability infrastructure just to keep the building's appearance, unless the property is heritage-listed or in a heritage conservation area (s 139B).

Special cases

Exclusive use (common property rights) by-laws

These give an owner exclusive use of, or special privileges over, part of the common property, for example a courtyard or storage cage. They need a special resolution plus the written consent of each owner who benefits (s 143). An owner must not unreasonably refuse consent to amending or repealing one (s 143(1A)). NCAT can step in where the owners corporation unreasonably refuses to make one (s 149).

Short-term rental by-laws

A special-resolution by-law can prohibit short-term rental accommodation in a lot that isn't the host's principal place of residence (s 137A). It's the only kind of by-law allowed to restrict how a lot is let.

Pets

A by-law has no effect to the extent it would unreasonably prohibit keeping an animal (s 137B). Keeping an animal is taken to be reasonable unless it unreasonably interferes with another occupant. The Regulation lists what counts, such as persistent noise, attacking or menacing, repeated damage and persistent offensive odour (Regulation cl 36A). If the owners corporation doesn't decide a pet request within a reasonable time, permission is taken to be given.

Challenging a by-law change

• NCAT can reverse a change if, considering the interests of all owners, it shouldn't have been made. It can revoke an amendment, revive a repealed by-law or repeal a new one (s 148).
• NCAT can declare a by-law invalid if the owners corporation didn't have the power to make it, or it's harsh, unconscionable or oppressive (s 150).
• Who can apply. Anyone entitled to vote on the motion.

Common questions

When does a new by-law start to apply?

When NSW LRS records it on the common property folio, not when the meeting votes (s 141(2)).

What if we miss the 6-month deadline?

NSW LRS won't accept the lodgement. The owners corporation will need to pass the special resolution again at another meeting.

Do model by-laws apply automatically?

No. They apply only if the scheme adopted them or lodged them with the strata plan (Regulation Schedule 3). Adopting them later is a by-law change like any other.

Where UnitBuddy fits

UnitBuddy's by-law registry keeps the by-laws in force alongside the motions and minutes that changed them, so the committee can see the current rules and when each one changed.

Further reading

Keep the scheme file in one place the committee and the manager can both open. Features, pricing, or book a tour.