---
title: "New or amended strata by-law: special resolution motion, by-law text and explanatory note (NSW)"
url: "https://ailawframework.com/precedents/strata-and-community-titles/by-law-special-resolution-pack"
type: "precedent"
site: "AI Law Framework"
id: "a47-by-law-special-resolution-pack"
area_id: "A47"
kind: "other"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# New or amended strata by-law: special resolution motion, by-law text and explanatory note (NSW)

> Pack for making or changing a NSW strata by-law: motion for a special resolution, example by-law text, owners' explanatory note, validity checklist and the registration steps that make the change effective.

Canonical page: https://ailawframework.com/precedents/strata-and-community-titles/by-law-special-resolution-pack  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Other. A precedent that fits none of the other kinds.
- Practice area: [Strata & Community Titles](https://ailawframework.com/precedents/strata-and-community-titles.md)
- Jurisdictions: New South Wales, Victoria, Queensland, Western Australia, South Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for 5 jurisdictions.

## When to use it

Use when an owners corporation wants to add, amend or repeal a by-law (other than by Tribunal order). For a common property rights by-law, also obtain the written consent of each benefiting owner. Not for Victorian rules or Queensland community management statements without adapting.

## How AI may be used

AI may draft by-law wording and the explanatory note from the committee's instructions and the registered by-laws; a lawyer checks validity, consistency with the existing by-laws and the registration steps.

**AI may:**

- Draft by-law text and an explanatory note from the approved motion and the current consolidated by-laws.
- Compare the draft with the registered by-laws and the model by-laws and list conflicts or duplicates.
- Check the draft against the statutory restriction list in this pack and flag possible problems.

**AI must not:**

- Must not decide whether a by-law is harsh, unconscionable or oppressive.
- Must not use unregistered or superseded by-laws as the base text.
- Must not send the motion to owners without lawyer or strata manager review of the voting threshold.

**The lawyer checks:**

- The base text is the current registered consolidated by-laws, checked against a title search of the common property.
- The resolution type is right (special resolution; reduced threshold for sustainability infrastructure; owner consent for common property rights by-laws).
- The notice of the change is lodged with the Registrar-General within 6 months, and owners know it has no effect until recorded.

## Authorities

- [Strata Schemes Management Act 2015 (NSW) s 5 (special resolution: not more than 25% of value of votes against)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050#sec.5)
- [Strata Schemes Management Act 2015 (NSW) ss 136, 137A, 137B, 139, 139A, 139B (what by-laws may and may not do)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050#sec.139)
- [Strata Schemes Management Act 2015 (NSW) s 141 (change by special resolution; no effect until recorded; lodge within 6 months)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050#sec.141)
- [Strata Schemes Management Act 2015 (NSW) ss 142–145 (common property rights by-laws; owner consent)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050#sec.143)
- [Strata Schemes Management Regulation 2016 (NSW) cl 37 and Sch 3 (model by-laws)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2016-0501#sch.3)
- [Owners Corporations Act 2006 (Vic) ss 138, 142 (rules)](https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006)
- [Body Corporate and Community Management Act 1997 (Qld) ss 62, 180 (new community management statement; limits on by-laws)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1997-028#sec.180)

## Official form

[Official form](https://www.nsw.gov.au/housing-and-construction/strata/living/by-laws)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/strata-and-community-titles/by-law-special-resolution-pack and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*