By-Laws
By-laws set the rules that govern how strata and community title schemes operate day to day. Well-drafted by-laws help manage behaviour, reduce disputes and support a functional, liveable community. Poorly drafted or outdated by-laws, however, often become a source of conflict and enforcement risk.
Bugden Allen advises owners corporations, committees, strata managers and developers on the drafting, review and implementation of by-laws, with a focus on clarity, enforceability and long-term effectiveness.
Practical, Enforceable By-Laws
By-laws must comply with strata legislation, reflect the realities of the scheme, and be capable of being enforced in practice.
Our approach focuses on:
- Clear and unambiguous drafting
- Alignment with legislative requirements
- Reducing the risk of dispute or invalidity
- Ensuring by-laws reflect how the scheme actually operates
We regularly advise on by-laws covering common issues such as pets, parking, short-term letting, renovations, noise, use of common property and behavioural standards.
Our By-Law Services
We assist with all aspects of by-law work, including:
By-law drafting for owners and committees
Preparing tailored by-laws to address specific issues within an existing scheme.
By-laws for new developments
Drafting comprehensive by-law frameworks for newly established strata and community title schemes.
By-law reviews
Reviewing existing by-laws to identify compliance issues, outdated provisions or enforcement risks.
By-law consolidation and registration
Consolidating amended by-laws into a clear, current set and managing registration with the relevant authority.
Experience Across Complex Schemes
Our by-law work spans:
- residential strata schemes
- mixed-use and community title developments
- large and complex schemes with bespoke governance needs
This experience allows us to anticipate common problem areas and draft by-laws that are fit for purpose, not merely technically compliant.
OUR TEAM
Why Bugden Allen
Clients engage Bugden Allen for by-law advice because of our:
- specialist focus on strata and community titles
- practical understanding of enforcement and dispute risk
- experience acting in Tribunal and Court proceedings involving by-law issues
- clear, commercially grounded advice
We draft by laws with the goal of supporting harmonious communities and reducing disputes, not creating them.
BY-LAWS FAQs
Your Questions Answered
What are by-laws in a strata scheme?
By-laws are the rules that regulate how a strata or community titles scheme operates, including the behaviour of residents and visitors, use of common property and governance of the scheme.
Why are well-drafted by-laws important?
Well-drafted by-laws help prevent disputes, support consistent enforcement and promote a harmonious community. Poorly drafted or outdated by-laws can be difficult to enforce and may be invalid under strata legislation.
Who can make or change by-laws?
By-laws are typically made or amended by the owners corporation through a formal resolution, subject to legislative requirements. Legal advice is recommended to ensure new or amended by-laws are valid and enforceable.
Do by-laws need to be registered?
Yes. In most jurisdictions, by-laws must be formally recorded or registered with the relevant authority before they become enforceable.
Can existing by-laws be reviewed or updated?
Yes. Existing by-laws can and should be reviewed periodically to ensure they remain compliant with current legislation and reflect how the scheme operates in practice.
What types of issues can by-laws cover?
By-laws commonly address matters such as pets, parking, renovations, short-term letting, noise, use of common property and behavioural standards within the scheme.
Can by-laws be challenged or invalid?
Yes. By-laws that are unreasonable, discriminatory or inconsistent with strata legislation may be challenged and declared invalid. Careful drafting reduces this risk.
Can you assist with by-law consolidation?
Yes. Bugden Allen regularly assists with consolidating amended by-laws into a single, clear and current set and managing the registration process.
Our success stories
Relevant by-law work experience
EXPLORE OUR EXPERTISE
Specialist legal advice across the property lifecycle
Property Development
We advise developers, landowners and investors on the planning, structuring, delivery and sale of property projects.
Our work covers strata and community title developments, mixed-use projects, leasehold and land lease developments, master-planned communities, collective sales and off-the-plan project conveyancing.
Strata & Community Titles
We are recognised specialists in strata and community titles law, advising owners corporations, committees, strata managers, developers, government and financiers.
Our practice covers governance advice, levy recovery, by-laws, management rights, building defects, strata disputes and statutory administrations.
Strata & Community Titles
Property Litigation
We resolve disputes arising from the ownership, development, governance and use of property.
Our team acts in boundary disputes, building defect claims, by-law enforcement, strata renewal matters and other high-stakes property conflicts, across negotiation, mediation, tribunals and courts.
Property Insurance
We act for insurers, strata managers, owners corporations and corporate clients on complex property-related insurance matters.
Our work spans coverage advice, liability defence, personal injury claims and subrogated recoveries, with a focus on technical accuracy, risk management and commercially sound outcomes.
Corporate & Commercial
We provide corporate and commercial legal services for property clients, businesses and investors.
Our work includes banking and finance,buying and selling businesses,software and
technology consulting, immigration law,wills and estates,and commercial matters connected with our property and strata practices.
Corporate & Commercial
Property Development
Strata & Community Titles
Corporate & Commercial
Property Litigation
Property Insurance
- National Presence
- A firm with integrity
- Leading experts
- Innovative Solutions
wHAT TO EXPECT
A member of the Bugden Allen team will be in contact within one business day.