By-Laws are a set of rules that enable the Body Corporate to control and administer the common property areas, the body corporate assets, owners and occupiers.
A Body Corporate can make new by-laws, or change its existing ones however to do this, a motion must be passed 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.
A Body Corporate is responsible for enforcing its own bylaws, and ensuring that owners and residents comply.
If an owner or resident breaches a bylaw, the Body Corporate may issue either a Continuing Contravention Notice or a Future Contravention Notice to the offender. If ignored, the matter can then be referred to the Magistrates Court, or the Office of the Commissioner for Body Corporate & Community Manager (BCCM).