If you live in a body corporate scheme in Queensland, chances are that you have heard the term 'By-laws' thrown around - especially when it comes to issues relating to pets, parking, noise or matters requiring approval by the Body Corporate. This article breaks down what By-Laws are, why they matter, and how you can change them if they are outdated.
What are Body Corporate By-Laws?
They are a set of rules that help a strata community function smoothly. They are like a rule book that covers the day-to-day issues that affect residents and owners in a strata community. By-Laws are designed to:
- promote harmonious community living
- maintain, enhance and protect property values and assets
- ensure there is a sense of fairness and equity among residents (both lot owners and residents) and to ensure common property is used fairly and appropriately.
What do By-Laws typically cover?
While every scheme is different, most body corporate by-laws deal with things such as:
- Pets: This is a contentious issue in many body corporate schemes. We recommend that you review your Body Corporate by-laws relating to pets to see if it is a 'prohibitive by-law' or 'permissive by-law'
- Noise
- Parking
- Rubbish Disposal
- Use of Common Property & facilities
- Maintenance of units
By-laws are found in the Community Management Statement (CMS), which is registered with the Titles Office.
Can By-Laws be Changed?
Yes - by-laws should continually be reviewed as communities grow and change so that the by-laws keep up to date.
The process requires a motion to be passed to record a new community management statement that includes the changes to the by-laws. Depending on the type of by-law change depends on whether the motion to change the by-laws requires a 'special resolution' or a 'resolution without dissent'.
It is important to ensure that all by-laws are valid. If a by-law does not comply with legislation then, it may be invalid.
How a Body Corporate Manager can assist
Navigating by-laws can feel overwhelming - especially for volunteer committee members. At Coordinated Strata Management, we help the body corporate committee to:
- develop valid and enforceable by-laws, and
- navigate by-law enforcement process to assist with maintaining a safe, respectful community for everyone
Need Help Reviewing or Updating Your By-Laws?
If your current by-laws are outdated, unclear, or causing tension in your community, it might be time for a refresh.
Get in touch with us today to arrange a by-law health check and see how we can help your body corporate scheme stay compliant and community-focused.
