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Renting a unit, townhouse or apartment often means living in a body corporate scheme. While your tenancy agreement is with your landlord or property manager, there is a separate layer of rules and responsibilities that come from the body corporate.
What Is a Body Corporate?
A body corporate is the legal entity responsible for managing and maintaining common property in a community titles scheme, such as apartment buildings, unit complexes and townhouse developments. It is made up of all lot owners and is usually administered by a committee who is often supported by a body corporate manager.
As a tenant, you are referred to as an ‘occupier’ under the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act).
By-Laws
Every body corporate has a set of by-laws registered with Titles Queensland. These by-laws regulate:
- how lots and common property can be used
- behaviour of owners, tenants and visitors
- matters such as noise, pets, parking, smoking and appearance of lots
By-laws apply equally to owners and tenants, however, a breach of a body corporate by-law is also a breach of your tenancy agreement.
Under Queensland tenancy laws, your landlord or property manager must provide you with a copy of the relevant by-laws before you sign your lease.
If you breach a by-law:
- the body corporate may issue a contravention notice
- your landlord or property manager may issue a Notice to Remedy Breach
Pets in a Body Corporate
Pets are one of the most common sources of confusion for tenants living in body corporate schemes.
In most Queensland bodies corporate, pets cannot be banned outright, although limited exceptions may apply depending on the scheme and circumstances. While tenancy laws support tenants and landlords reaching agreement about keeping an animal, body corporate by-laws often still require a separate approval process.
In many cases, tenants will need approval from both their landlord and the body corporate before bringing a pet into the property. Even if a landlord agrees to a pet, the tenant must still apply to the body corporate where the by-laws require it. Approval is typically considered by the committee, which must act reasonably when making its decision.
For more, check out our guide to owning pets in a body corporate scheme.
Maintenance and Repairs
If you are renting in a body corporate, maintenance responsibilities are shared between your landlord and the body corporate, depending on what part of the property is affected.
Inside your unit or townhouse your landlord is responsible for maintenance under Queensland tenancy laws. This includes making sure the property meets minimum housing standards, such as being weatherproof and structurally sound, having safe fixtures and fittings, and ensuring locks, plumbing and essential facilities are in working order. These standards apply to new tenancies from 1 September 2023 and to all existing tenancies from 1 September 2024.
Common property is maintained by the body corporate. This can include items like the roof (depending on how the scheme is registered), external walls, and shared areas such as gates, pathways and driveways. If you notice an issue that may be common property, you should raise it with your landlord or property manager first. In some cases, you can also write directly to the body corporate to request repairs. If the issue needs formal approval or follow-up, your landlord can submit a motion to the body corporate on your behalf.
Entry to Your Lot by the Body Corporate
While your landlord or property manager is usually the main party authorised to enter your rental property, there are certain circumstances where the body corporate is also legally allowed.
Except in an emergency, the body corporate must give you at least seven days’ written notice before entering your lot. In emergency situations – such as where there is a risk to safety, significant property damage, or urgent infrastructure failure, entry may occur without notice.
Tenants must not obstruct authorised entry when the body corporate is acting lawfully, as penalties can apply for preventing access.
It’s important to note that the body corporate’s right of entry is limited and does not replace the landlord’s rights under tenancy legislation. The body corporate cannot enter your lot for general inspections or unrelated purposes, and any entry must be directly connected to its legal obligations.
The Benefits of Living in a Body Corporate
One of the biggest benefits is access to well-maintained shared facilities and common areas, such as gardens, pools, gyms, pathways, and security systems, which are maintained by the body corporate. This shared responsibility can mean fewer maintenance worries for tenants compared with standalone properties.
A body corporate also provides a framework for managing disputes and enforcing rules, which often make for a quieter, safer, and more orderly living environment.
Overall, renting in a body corporate can offer a sense of security, community, and convenience, while giving tenants access to amenities and shared facilities that might not be available in other types of rental properties.
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