Strata Titles Act 1985

Scheme by‑laws may apply to the following —

the strata company for the strata titles scheme;

a member, for the time being, of the strata company for the strata titles scheme;

an occupier or lessee, for the time being, of a lot, or the common property, in the strata titles scheme;

in the case of leasehold by‑laws — the owner of the leasehold scheme;

in the case of exclusive use by‑laws — the owners and occupiers, for the time being, of special lots.

Each person to whom scheme by‑laws apply must comply with the by‑laws as if the by‑laws were a deed (signed and sealed by each person to whom they apply) containing mutual covenants to observe and perform the matters set out in the by‑laws.

A lease of a lot or common property in a strata titles scheme is taken to contain an agreement by the lessee that the lessee will comply with the scheme by‑laws.

The owner, occupier or lessee of a lot or common property in a strata titles scheme must take all steps that are reasonable in the circumstances to ensure that every person who they permit to use or who they invite on to the lot or common property complies with by‑laws that apply to the owner, occupier or lessee.

Scheme by‑laws are not by‑laws or subsidiary legislation within the meaning of the Interpretation Act 1984.

An interest created under scheme by‑laws does not have effect as an interest registered under the Transfer of Land Act 1893.

Nothing in subsection (6) derogates from the operation of leasehold by‑laws.