Body Corporate By-Laws are a set of rules that enable the Body Corporate to control and manage common property areas, the body corporate assets, and the use of lots.
Whether you’re a non-resident investor, an owner occupier or a tenant, you are required to abide by these by-laws.
It’s a good idea to give new purchasers and residents a copy of the by-laws so they understand what they cover, and so they don’t inadvertently breach a rule.
Who Creates the By-Laws?
Your Body Corporate can choose to adopt the standard by-laws that are set out in Schedule 4 of the Body Corporate and Community Management Act 1997 (QLD) or it can make its own.
To make new ones or change existing ones involves passing a motion by Special Resolution at a General Meeting (AGM or EGM).
The Community Management Statement (CMS) is the document that records the by-laws that apply to your scheme, which is registered with the Department of Natural Resources & Mines (DNRM – Titles Office) and a by-law comes into effect on the day that the new/amended CMS is registered.
New or amended by-laws must comply with the Body Corporate and Community Management Act 1997. There’s a few things the by-laws can’t do including discrimination and certain restrictions on use, sale, lease etc.
Who Enforces the By-Laws?
Your Body Corporate is responsible for enforcing its own by-laws, and ensuring that owners and residents comply.
However to maintain harmony for all, it’s best to try to and discuss it in a friendly manner, because they may be unaware they are breaching the by-laws, and the situation may be resolved easily and on good terms.
If this approach fails and the breach continues, the the Body Corporate may issue either a Continuing Contravention Notice or a Future Contravention Notice, requesting that they remedy the breach in a certain period of time.
If this is ignored, the matter can then be referred to the Magistrates Court, or the Office of the Commissioner for Body Corporate & Community Manager (BCCM).
In summary, your Body Corporate By-laws are basically a set of rules that are designed to maintain order and harmony, which is often needed when you have a lot of people living in close proximity to each other.
2 replies on “What are Body Corporate By-Laws?”
Hi. Im curious whether delivery drivers delivering groceries, post, meals etc to a lot within a body corporate scheme are also subject to the bylaws, and if they breach the bylaws is the occupier of the lot who is receiving the delivery service responsible for the actions of the delivery driver (ie; damaging property; parking in an exclusive use carpark etc)?
Occupants are responsible for any guests they bring to the site. the definition of a guest can stretch to a delivery driver. so, if there is one particular owner that is causing an issue the body corporate could take action. However, I suspect you are probably talking about multiple drivers and therefore multiple owners. In that case the body corporate might have to look at the situation more holistically rather than from the perspective of individual by-law breaches.