New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 46

46 How does a lessee get information about the by-laws?

(1) If a lot or common property in a freehold strata scheme is leased, the lessor must provide the lessee with a copy of the by-laws, and any strata management statement affecting the lot or common property, within the time and in the manner required by this section.

Maximum penalty: 1 penalty unit.

(2) If a lot or common property in a leasehold strata scheme is sublet, the sublessor must provide the sublessee with a copy of the by-laws, and any strata management statement affecting the lot or common property, within the time and in the manner required by this section.

Maximum penalty: 1 penalty unit.

(3) The copy of the by-laws or strata management statement must be provided to the lessee or sublessee within 7 days after the lessee or sublessee becomes entitled to possession of the lot or common property.

(3A) If a lot or common property in a freehold scheme is leased and the by-laws are amended, the lessor must provide the lessee with a further copy of the by-laws, within the time and in the manner required by this section.

Maximum penalty: 1 penalty unit.

(3B) If a lot or common property in a leasehold strata scheme is sublet and the by-laws are amended, the sublessor must provide the sublessee with a further copy of the by-laws, within the time and in the manner required by this section.

Maximum penalty: 1 penalty unit.

(3C) Any further copy of by-laws required to be provided under subsection (3A) or (3B) must be provided to the lessee or sublessee within 7 days after the amendment of the by-laws is recorded by the Registrar-General under section 48 (1) (b).

(4) The copy of the by-laws or strata management statement (including any further copy of by-laws that have been amended) must be:

(a) served personally on the lessee or sublessee, or

(b) if the lease or sublease relates to a lot-served on the lessee or sublessee in any manner allowed by this Act for service of a document on the occupier of a lot, or

(c) if the lease or sublease relates to a lot or common property that is fully enclosed by walls or other structures-left in a conspicuous position at the lot or on the common property.

(5) Subsections (1), (2), (3A) and (3B) do not apply if the strata scheme concerned is part of a community scheme or the lessee or sublessee is the owner of a lot in the strata scheme concerned.