4 ways that cut-and-paste by-laws could cost you your renovation

One dirty little secret of the strata industry is that owners or managers trying to save money will cut-and-paste bits of other by-laws to make their own.

For example; last year Maria in unit 5 got a by-law passed to renovate her bathroom. Now Bob in number 3 wants to update his lounge room. Bob flicks back to an old email containing Maria’s by-law, and chops and changes it for use at their next meeting.

There are (at least) 4 things that could go wrong:

1. Missing/incorrectly referenced annexures – By-laws often come with drawings, plans or fact sheets on the material being used. The original by-law might refer to ‘Annexure B’, even if the copy-pasted version doesn’t include one. This can concern other owners who might worry something has been left out, or that the content of an annexure doesn’t match its description.
2. Incorrect lot references – Forgetting to change some or all of the lot numbers could be a costly mistake. An error in a passed/registered by-law needs to be remedied by an amendment made at a general meeting; meaning more costs and time wasted.
3. Incorrect descriptions of work – Even if the lot numbers and annexures are right, if the work being undertaken isn’t described properly or at all, the motion will most likely be voted down, and if passed wouldn’t have any effect and would need to be amended to be valid.
4. Missing or disjointed text – Incomplete sections, or ones that are joined in ways that don’t make sense (e.g. “The owner agrees Not later than 8:PM”), may not be enforceable, and will also concern owners.

If Bob from unit 3 committed any or all of these editing sins he could find himself having to tear out that new carpet in his lounge room at his own cost, or getting into a legal argument over absent documentation on soundproofing or work on a structural wall.

Much like a contract, a by-law is a legally binding document. How it’s worded can prevent it from being passed, or leave it open to challenge. While it might be tempting to just copy and edit existing by-laws, the money you save upfront could be lost several times over in administrative or legal fees.