What are Body Corporate By-Laws?

Corporate Funds

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.

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