This article is about the key compliance steps NSW strata schemes must take in 2025 to ensure their by-laws are valid, updated, and ready for the festive season.
4 Weeks to Get Ready for the Festive Season?
The approaching holiday period, combined with the major NSW Strata Law Reforms of 2025, creates a critical legal risk for Owners Corporations, strata schemes facing dual challenges:
- Critical legal compliance following major 2025 NSW Law Reforms—existing by-laws inconsistent with the new legislation are automatically invalid and unenforceable.
- Seasonal friction due to increased use of shared facilities.
A proactive by-law review is the best gift you can give your Owners Corporation and residents now.
Critical Legal Compliance: By-Laws Invalidated by 2025 Reforms
The deadline has passed. If your by-laws have not been reviewed, they are likely non-compliant in these high-risk areas:
| Reform Area | Effective Date | Key Impact/Action Needed |
| Sustainability Infrastructure | July 2025 | By-laws banning EV chargers/solar panels based on appearance are invalid (unless heritage-listed). Your owners corporation must amend any blanket ban on festive lighting or balcony improvements that might be deemed “sustainability infrastructure” if it relies solely on aesthetic grounds. |
| Minor Renovations | July 2025 | Your by-laws must align with the three-month response rule; failure to refuse a minor renovation request (e.g., changing kitchen flooring before hosting guests) in writing means automatic approval. |
| Levy Hardship & Payment Plans | October 2025 | Levy notices must include the Financial Hardship Information Statement. Committees must fairly consider and respond to payment plan requests within 28 days—critical as residents face high cost-of-living pressure during the holidays. |
Essential Holiday By-Law Tune-Up Checklist
The increased use of common property and visitor traffic over the Christmas and New Year period requires clear, enforceable rules to manage seasonal friction.
- Noise & Social Gatherings (The Festive Friction)
The most common holiday complaint. Your by-law must be specific and enforceable under the general Nuisance By-law (Section 153 of the Act).
- Action: Implement or strengthen a specific Noise By-law that clearly defines “quiet hours” on Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day, which may differ from standard days.
- Focus: Ensure rules specify that noise is not audible in a habitable room of a neighbouring lot after 10:00 PM (general guideline) and establish a clear reporting/enforcement pathway for the Strata Manager or Committee.
The lithium-ion battery fire risk is a major regulatory focus. With new holiday gifts and visitors, the risk escalates.
- Action: Implement or strengthen by-laws specifically regulating the charging and storage of Personal Mobility Devices (PMDs) on common property and within lots to mitigate catastrophic fire risk.
- Focus: Ensure rules mandate using supplied/certified chargers and prohibit charging damaged or swelling batteries and correct storage in common area cages or hallways.
Holiday letting is at its peak, increasing security and compliance risks.
- Action: Review your STRA By-law. Remind all residents that STRA guests must adhere to all other scheme by-laws (noise, parking, common area use).
- Focus: The owners corporation can ban non-principal residence letting but must be ready to issue “Notices to Comply” immediately to lot owners for guest breaches.
Increased visitors mean high pressure on shared parking and fire safety access.
- Action: Verify your parking by-laws clearly distinguish between resident, visitor, and emergency vehicle spaces.
- Enforcement Note: Owners corporations cannot issue fines directly. Consider formalising a Council Parking Agreement before the season begins so rangers can issue enforceable fines for illegal parking.
Ensure these perennial summer issues have clear, enforceable rules to manage common property use:
- BBQs: Regulate or prohibit on balconies (smoke/fire safety); specify rules for LPG storage and cleanliness requirements for common area BBQs.
- Pools: Enforce essential safety rules: No running, no diving in shallow areas, and no glass containers near the water.
- Gyms: Set clear operating hours and rules regarding equipment cleanliness to manage high-use periods.
Ensure a Stress-Free and Compliant Festive Season
NSW strata law is constantly evolving. An outdated by-law is not just inconvenient—it can be invalid or unenforceable, exposing the owners corporation to liability when you need protection most.Adrian Mueller JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au P: 02 9562 1266
This post appears in Strata News #771.
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Read next:
- NSW: Absolute prohibitions in by-laws – are they a no no?
- NSW: By-laws – why (and how) are they registered?
- NSW Behind the Strata Law Changes 2025: For owners and committees
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
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