1 April 2021
Strata Managers as Fiduciaries
A paper by Gary Bugden OAM. April 2021. Preliminaries 1. Coverage In this paper I will consider: what we mean by a “fiduciary”; how to determine if a fiduciary relationship…
Our strata company is currently reviewing its by-laws. We have a by-law for smoking, but residents continue to smoke in apartments and on their balconies, causing nuisance and hazards to health. We need a new by-law to stop smoking/vaping of tobacco and other products on the entire strata premises.
Is a by-law available for EV charging and lithium-ion battery charging? We want a by-law stating that lithium-ion battery charging can only occur outside apartments/garages and in a designated area due to fire/smoke hazards.
We also like a by-law to ensure too many people do not use apartments, e.g. eight people in a three-bedroom apartment.
Are you aware of any information on these issues to assist our strata company to ensure we can formulate by-laws for these outcomes?
It is possible for by-laws to be drafted in relation to each of these issues. We would strongly recommend appointing an experienced strata lawyer to draft the proposed by-laws so that they are specific to the particular scheme and the issues that the scheme wants to address. This is because there are many different options for these kinds of by-laws. A strata lawyer can also provide advice as to the type of resolution/s that would be required, which will vary depending upon the terms of the by-laws as drafted.
This post by Carolyn Meighan appeared first in the October 2024 edition of The WA Strata Magazine.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.