What are Body Corporate By-Laws?

Body Corporate By-Laws are a set of rules which apply to a particular strata scheme. When owners or occupiers agree to live in the scheme, they agree to abide by these rules. Each Body Corporate may create its own by-laws, but they must not contravene anything in the Body Corporate and Community Management Act.

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What is the purpose of by-laws?

Strata schemes vary widely in Queensland. They differ in size, facilities, demographic and suitability for pets. Being able to outline specific rules allows Bodies Corporate to control and administer the common property, Body Corporate assets, owners and occupiers in the best way for those particular circumstances.

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What are some common examples of by-laws?

The most common by-laws regulate animal ownership, noise levels and parking requirements. Other common by-laws deal with:

–        Damage to common property

–        Behavior of invitees

–        Garbage disposal

–        Appearance of buildings

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What should be done with the by-laws?

All new owners and tenants in the scheme should be given a copy of the by-laws to ensure that they do not inadvertently breach any rules. Prospective owners and tenants should also have access to the by-laws to allow them to make an informed decision.

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How are by-laws made?

The Body Corporate and Community Management Act outlines model by-laws. Schemes can adopt the model by-laws in whole or part, add extra by-laws or create their own set of by-laws (provided they comply with the Act). By-laws are recorded on the Community Management Statement, a document which is held in the Land Registry of the Department of Environment and Resource Management. 

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Can they be changed?

Bodies Corporate can add, change or delete by-laws at a general meeting. To do this requires:

• For an ordinary by-law –  a special resolution

• For an exclusive use by-law – a resolution without dissent

An application must then be made for a new Community Management Statement which states the updated by-laws.

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What happens if by-laws are breached?

If an owner or occupier violates a by-law, firstly, we endeavour to discuss it with them in a friendly manner. They may be unaware they are breaching the by-laws, and the situation may be resolved easily and on good terms.

If this is not enough, and the breach continues, the person/s may be issued with a Contravention Notice, ordering them to remedy the breach in a certain period of time.

If the notices are ignored, the Body Corporate has further options through the Commissioner for Body Corporate Management, or through the Magistrates Court which can have serious financial penalties.

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The following by-laws have not been complied with by some residents in the past :

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1. Speeding in the Complex 

By-law number 37. Speed Limits

An Owner or Occupier must not exceed the speed limit nominated by the Committee and agreed to by the Resident Manager whilst driving any Motor Vehicle on Common Property and must use their best endeavours to ensure that his invitees do not exceed the Speed Limit in such circumstances

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2. Owners/Occupiers Parking in Visitor Carparks 

By-law number 22. Vehicles

       (a) The Body Corporate grants to the Owner or Occupier of each Lot the occasional use of the parking areas on Common Property for the purposes of temporary visitor parking.

       (h) Occupiers may park their vehicles on the driveway that services their respective lot provided that the vehicle is wholly contained in the driveway area and that there are already vehicle(s) parked in the garages of the Lot concerned.

       (i) Any invitees shall park their vehicles in the visitors parking bays on the Common Property and shall use such area only for its intended purpose of casual parking.

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3. Use of Pool by Non-residents

By-law number 33. Rules for Use of Recreational Areas

All Owners or Occupiers of Lots when making use of the Recreation Areas must ensure:

       (a) that his invitees and guests do not use the same unless he/she or another Owner or Occupier accompanies them.

       (b) that children below the age of thirteen (13) years are not in or around the same unless accompanied by an adult Owner or Occupier exercising effective control over them.

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4. Lot Improvements not Authorised

By- law number 41. Alterations to the Exterior of Lots

Where an Owner proposes to carry out work which will alter the exterior of any Lot, he/she must follow the procedures below:

       (a) Apply in writing to the Committee, outlining the proposed work and provide plans and specifications. Such plans and specifications must be of the same architectural standard as the development.

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5. Dogs - not on Leash, not Controlled and Picking Up of Droppings 

By-law number 11. Keeping of Animals

       (a) Subject to the Act and by By-law 11(b), an Occupier may not without the consent of the Committee bring onto or keep animals on a Lot or Common Property except a pet or dog (subject to local authority laws) on the following conditions:

              (iii) No dog is permitted on Common Property unless it is on a leash or otherwise controlled under the supervision of a responsible Occupier.

                (iv) Fouling of the Common Property by a dog must be cleaned up by the Occupier responsible for the dog.

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6. Cats not permitted in Montego Residences.

By-law number 11(b). Keeping of Animals

No cats are to be kept or allowed on a Lot or Common Property. This provision is in accordance with the Councils Development Approval for the land (of which the Scheme Land forms part).

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