Understanding By-Laws: What Your Strata Corporation Can and Can't Enforce

Noise complaints. Pet disputes. Unauthorized renovations. Parking conflicts. Short-term rental tensions. Every strata corporation in Jamaica deals with by-law disputes — but most do not know what the law actually allows them to enforce, how amendments must be handled, or what happens when the rules on paper do not match the reality on the ground.

When the Commission of Strata Corporations audits registered strata corporations, 88% are found to have by-law violations. This is not because proprietors are inherently difficult. It is because most corporations have never properly established, amended, or enforced their by-laws according to the legal requirements of the Registration (Strata Titles) Act.

Understanding by-laws is not an academic exercise. It is the foundation of every governance decision a strata corporation makes.

What By-Laws Are

The Registration (Strata Titles) Act defines by-laws as a “set of rules for the good governance of the strata corporation.” They establish the rights and obligations of the corporation, proprietors, tenants, and occupiers. By-laws are the legal framework that allows communities to function — they define what residents can and cannot do, and what the corporation can and cannot require.

By-laws are not suggestions. They carry legal force. A properly adopted and registered by-law can be enforced through the CSC’s dispute resolution process. A rule that has not been properly adopted as a by-law — even if everyone follows it — has no legal standing.

Two Schedules of By-Laws

The Act establishes two categories of by-laws with different amendment thresholds:

First Schedule By-Laws (Fundamental)

These cover fundamental governance matters. Amending a First Schedule by-law requires a 75% resolution from paid-up proprietors. This is a high bar by design — fundamental rules should not change easily.

Second Schedule By-Laws (Operational)

These cover operational and day-to-day governance matters. Amending a Second Schedule by-law requires a majority resolution — a simpler threshold that allows communities to adapt operational rules as needs change.

The distinction matters. A board that attempts to amend a fundamental by-law with a simple majority vote has not actually amended anything. The amendment is invalid regardless of how many proprietors participated.

The Amendment Process

This is where many corporations fail. The process for amending by-laws is specific:

1. Propose the amendment at an AGM or special general meeting
2. Vote according to the required threshold (75% for First Schedule, majority for Second Schedule)
3. Record the vote in the minutes with the exact count — votes in favour, against, and abstaining
4. Lodge the amendment with the National Land Agency

That last step is critical and frequently overlooked. All by-law amendments must be lodged with the National Land Agency before they take effect. A by-law amendment that is voted on at an AGM but never lodged has no legal force. The corporation cannot enforce it, courts will not uphold it, and the CSC will not recognise it.

Many corporations operate under a set of rules that everyone follows but that have never been formally adopted or lodged. When a dispute arises and reaches the CSC, those informal rules carry no weight.

Common By-Law Areas

By-laws typically address the areas where communal living creates the most friction:

Noise levels and quiet hours. Defining acceptable noise levels and quiet periods reduces the most common source of neighbour-to-neighbour conflict.

Pet ownership and restrictions. Specifying which pets are permitted, size limits, leashing requirements in common areas, and responsibilities for pet waste.

Balcony and common area usage. Rules about what can be placed on balconies (laundry, storage, modifications), how common areas can be used, and who is responsible for maintenance.

Parking assignments. Defining which spaces are assigned, how visitor parking works, and consequences for unauthorized parking. In many Jamaican developments, parking disputes generate more complaints than any other issue.

Renovations and structural changes. Requiring approval before proprietors make changes to their units, particularly changes that affect shared walls, plumbing, electrical systems, or the building’s structural integrity.

Rental and subletting restrictions. Rules about whether proprietors can rent their units, minimum rental periods, and requirements for tenant registration. This area is becoming increasingly contentious.

Use of common amenities. Booking rules, usage limits, guest policies, and maintenance responsibilities for pools, gyms, meeting rooms, and other shared facilities.

Enforcement Powers

The corporation has several enforcement mechanisms:

Direct enforcement. The corporation can enforce by-laws against proprietors and occupiers. This includes issuing warnings, imposing documented penalties (if authorised by the by-laws), and restricting access to amenities.

Right of entry. The corporation may enter strata lots for necessary maintenance and repairs affecting shared infrastructure. This is a carefully bounded power — it exists for infrastructure protection, not for general inspection.

CSC dispute resolution. For disputes that cannot be resolved internally, either party can file a complaint using Form 10 with a fee of JMD $4,000. The CSC can order:

• Convening of general meetings
• Removal of unauthorized items or animals from common property
• Enforcement of specific by-laws
• Demolition of illegal extensions
• Payment of contributions

CSC orders carry legal force. They are not recommendations.

Strata Appeals Tribunal. Decisions of the CSC can be appealed to the Strata Appeals Tribunal using Form 11. The Tribunal provides a binding legal determination — faster and cheaper than the Supreme Court.

The Airbnb and Short-Term Rental Tension

One of the most contentious by-law issues in Jamaica today is short-term rentals. Platforms like Airbnb have made it easy for proprietors to rent their units to tourists and short-term visitors. This creates revenue for individual owners but generates friction with permanent residents.

The tension is real: increased foot traffic from unfamiliar guests, noise from holiday visitors, security concerns from constant turnover, and pressure on shared amenities from transient occupants who have no stake in the community.

The legal framework is still evolving. By-laws that restrict rental duration or require registration of tenants can address some concerns, but they must be properly adopted — with the correct voting threshold and lodged with the NLA — to be enforceable. A verbal agreement at an AGM that “no Airbnb” is not a by-law.

Corporations dealing with this tension need to formalise their position through proper by-law amendments rather than relying on informal understandings that have no legal force.

Unauthorized Structures

Unauthorized structures on common property are among the most common violations found during CSC inspections. These include enclosed patios, carport extensions, storage structures, garden modifications, and any construction that was not approved by the corporation or that deviates from the registered strata plan.

The CSC has the power to order demolition of illegal extensions. These orders are enforceable. Corporations that tolerate unauthorized structures risk both regulatory action and diminished property values for all proprietors.

The challenge is documentation. Corporations that do not maintain records of what was approved and what was not — or that do not conduct regular common property audits — discover unauthorized structures only when the CSC inspector arrives.

Building a By-Law Framework That Works

Effective by-law management requires:

Current, accessible documentation. Every proprietor should have access to the current by-laws. Not the original by-laws from when the development was built, but the current version including all amendments.

Version control. When amendments are made, the corporation needs to track what changed, when, by what vote, and whether the amendment was lodged with the NLA.

Consistent enforcement. Rules that are enforced against some proprietors but not others create legal vulnerability and community resentment. Enforcement must be documented and consistent.

Violation reporting. A clear process for reporting by-law violations — with documentation, photographs, and timestamps — creates the evidence base needed for CSC dispute resolution if issues escalate.

FiWi Community provides by-law management tools including version-controlled document storage, amendment tracking with vote records, distribution to all proprietors, and violation reporting with photo documentation. When disputes reach the point of formal CSC proceedings, the documentation trail is already built.

By-laws are not bureaucratic overhead. They are the legal foundation of community governance. Corporations that get them right prevent the disputes, unauthorized structures, and governance failures that the CSC finds in 88% of its audits. Those that treat them as an afterthought discover — usually at the worst possible time — that informal rules offer no protection when it matters most.