There are numerous events that might lead a committee and ultimately owners, to consider changing the by-laws applying to their scheme. For example, the ‘COVID years’ lead to more people working from home, resulting in a significant increase in schemes changing their bylaws.

Changes to legislation are also another trigger for by-laws to be considered. The recent changes to the Body Corporate and Community Management Act – which at the time of writing are yet to commence, have already seen schemes revisiting the smoking, parking, and pet by-laws. 

The purpose of this article is not to highlight trends in by-laws, but to explain the way in which by-laws are changed so any new by-law becomes binding on the owners.

While it is often the case that the committee will be the driving force behind these changes, it is important to note that agreeing to adopt a new by-law is a matter for the owners to vote at a general meeting.

The committee of course can have a view on what by-laws might or might not suit a scheme, and can provide a recommendation to the owners to vote to adopt a new by-law, or indeed to adopt a new suite of by-laws, but ultimately the decision to do so is one to be made by special resolution of the owners, either at the AGM or at an EGM.

Readers should note that if there are already existing exclusive use by-laws being changed or a new exclusive use grant being created, then the resolution required is a resolution without dissent. It may also be the case that the consent of the owner/s affected is required.