By-laws

By-laws can only be changed by a resolution passed at a general meeting of lot owners — they cannot be changed by the committee alone. Most by-law changes require a special resolution, meaning no more than 25% of votes cast can be against the motion. Some changes (particularly those affecting exclusive use areas) require a resolution without dissent — no votes against at all. Once passed, the new or amended by-law must be recorded in the community management statement by lodging an updated CMS with the Titles Registry. A by-law change is not legally effective until it has been registered. This process means by-laws are relatively stable and difficult to change without broad owner agreement. This article is general information only and not legal advice.

By-laws are the rules that govern how lots and common property can be used in a body corporate scheme. They are legally binding on all owners, tenants, and visitors. By-laws can cover matters such as: - Noise and behaviour - Parking - Pets - Rubbish disposal - Use of common facilities (pool, gym) - Alterations to lots - Short-term letting Every scheme has by-laws — either the standard by-laws set out in the relevant module regulation, or a customised set recorded in the community management statement. You should receive a copy of the by-laws when you buy a lot. This article is general information only and not legal advice.

This is an evolving area of Queensland law. Historically, many schemes had blanket pet bans in their by-laws. However, recent court decisions have questioned whether an absolute ban on all pets — with no discretion to consider individual applications — is enforceable. The current position is that a body corporate can regulate pets (requiring approval, imposing conditions, or restricting certain types of animals) but a blanket ban that gives the committee no ability to consider individual requests on their merits may be open to challenge. If you want to keep a pet, apply to the committee in writing. If approval is refused without reasonable grounds, you may have grounds to challenge the decision through the Commissioner's office. This article is general information only and not legal advice.

Yes — a body corporate can regulate short-term letting through its by-laws. By-laws can restrict the frequency, duration, or manner of short-term letting, or require committee approval before an owner commences short-term letting. However, a by-law that completely prohibits all short-term letting may face legal challenge as being too restrictive. The most defensible approach is a by-law that sets reasonable conditions — such as requiring the owner to register guests, maintain a noise complaints contact, and ensure guests comply with all other by-laws — rather than an outright ban. Note that short-term letting is also subject to council zoning rules and, in some cases, state tourism licensing requirements. These operate separately from body corporate by-laws. This article is general information only and not legal advice.

Yes. By-laws are binding on all occupants of the scheme — owners, tenants, guests, and visitors. An owner who rents out their lot is responsible for ensuring their tenant complies with the by-laws. This means: - The owner should provide their tenant with a copy of the by-laws at the start of the tenancy - If a tenant breaches a by-law, the body corporate issues a contravention notice to the lot owner (not directly to the tenant) - The owner must then take steps to ensure their tenant remedies the breach Persistent tenant by-law breaches that the owner does nothing about can result in the body corporate taking action against the owner, including seeking enforcement orders at QCAT. This article is general information only and not legal advice.

If another owner or tenant is breaching a by-law, follow these steps: 1. Try to resolve it directly. Many breaches are accidental and a polite conversation can fix them quickly. Document any agreement in writing. 2. If that fails, write to the body corporate secretary or manager with details of the breach — specific dates, times, and the by-law being breached. 3. The body corporate must investigate and, if a breach is confirmed, issue a contravention notice to the owner or occupant. 4. If the breach continues after the notice, the body corporate can apply to QCAT for an enforcement order. 5. If the body corporate fails to act within a reasonable time, you can apply to QCAT directly to compel it to enforce its own by-laws. Keep records of everything throughout this process. This article is general information only and not legal advice.

An exclusive use by-law allocates part of the common property for the exclusive use of one particular lot. Common examples include: - A courtyard attached to a ground-floor lot - An allocated car park space - A storage cage or garden area The owner with exclusive use rights is typically responsible for maintaining that area, even though it is technically common property. Exclusive use by-laws must be recorded in the community management statement. They can only be created, changed, or removed with the consent of the lot owner who holds the exclusive use rights — usually requiring a resolution without dissent, meaning no lot owner can vote against. This is one of the most restrictive resolution types in body corporate law, reflecting the significance of altering private use rights over shared property. This article is general information only and not legal advice.