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By-laws are the set of regulations established by a body corporate to oversee and regulate how a body corporate should operate. Your scheme’s by-laws are found in Schedule C of your body corporate’s Community Management Statement (CMS).
By-laws govern the following components of a body corporate:
- the common property
- body corporate assets
- services and facilities provided by the body corporate
- the use of lots
By-laws are legally binding and enforceable within the property complex, and all residents are expected to adhere to them.
How are by-laws established?
A body corporate has the option to either adopt the standard by-laws as defined by the Body Corporate and Community Management Act 1997 (QLD) or create its own set of regulations. Often these are done by the developer with the establishment of the community management statement.
Making and changing by-laws
A body corporate retains the authority to establish new by-laws or modify existing ones as deemed necessary.
To make changes, the body corporate must pass a motion to update the community management statement, reflecting the alterations to the by-laws. A by-law cannot be restrictive, or oppressive and it cannot conflict with any other pre-existing law or regulation. For example, a body corporate by-law cannot be in contradiction to local council regulations.
Typically, amendments to the by-laws require approval through a special resolution during a general meeting. However, if the modification relates to a new or revised exclusive use by-law, a resolution without dissent is required.
The body corporate is obligated to register the revised community management statement with Titles Queensland. This registration must be completed within three (3) months following approval of the motion at a general meeting to amend the by-laws.
Upon registration by the registrar, a by-law becomes effective on the date indicated in the new community management statement, unless otherwise specified.
It’s important to note that registering by-laws with Titles Queensland does not inherently validate them and the body corporate must adhere to legislation and procedures as governed by the BCCMA.
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