NSW Fair Trading have made an amendment to the online version of the Strata Living guide (page 4 & 23) to accurately state that by-laws must be provided to a tenant within 7 days of signing a tenancy agreement.
The Fair Trading webpage By-laws in your strata scheme has also been updated to accurately reflect a landlord’s obligation as per the residential tenancy agreement.
The Strata Schemes Management Act 2015 states that by-laws should be provided to tenants within 14 days of entering into an agreement (Section 186). However, clause 35 in the standard residential tenancy agreement states that the by-laws must be provided to new tenants within 7 days of entering into an agreement.
As the terms of tenancy agreements are binding, this means that a landlord of a strata property must give a new tenant a copy of the by-laws within 7 days of entering into an agreement.
The different timeframes for provision of by-laws to tenants will be aligned under upcoming changes to strata scheme laws, and the standard residential tenancy agreement.
Our advice is that it would be best practice to provide a copy of the by-laws at the same time the lease is executed.
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