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Navigating body corporate by-laws and understanding when approval is required can be a challenging aspect of property ownership. As specialists in body corporate management, BCsystems often advises on this complex area of legislation.
While every situation is unique, the following principles and steps can provide some initial guidance.
Read your body corporate by-laws carefully
The by-laws of your body corporate are the starting point for determining whether approval is required. Your by-laws can be found in your community management statement (CMS) under schedule C. These rules govern what you can and cannot do on scheme land and your own property, and it’s crucial to review them in detail.
Key points to consider include:
- Some by-laws may permit an action outright.
- Others may permit an action with conditions, such as maintaining a certain standard or using approved materials or products.
- Certain actions might be allowed only after notifying the committee or obtaining formal approval from the committee or the owners at a general meeting.
- Some by-laws may explicitly prohibit an action altogether.
Take note of any specific language and requirements. Multiple by-laws might apply to your situation, so thorough reading is essential.
Do not copy other owners
It’s tempting to assume that if another owner has made a similar change, installation or improvement, that you can follow suit without seeking the necessary approvals.
- The other owner might have followed a rigorous approval process that isn’t immediately apparent.
- The owner could be in breach of the by-laws, and the committee may already be taking enforcement action against them.
Avoid relying on others’ actions as precedent. Each situation must be assessed independently in accordance of the by-laws.
Always seek approval if you are unsure
It’s better to ask for permission than to face the consequences of proceeding without approval. The body corporate committee is legally obligated to enforce by-laws, regardless of personal opinions. If you act without approval and breach a by-law, enforcement could result in:
- Removal of any unauthorised installations including air-conditioners, solar panels, hard flooring or landscaping changes.
- Restoration of the property to its original state, which can be costly and time-consuming.
Even for minor changes, it’s wise to confirm whether approval is required.
Consult experts for guidance
If you’re uncertain about the requirements or complexity of your proposal, seeking professional advice is invaluable. You have several options:
- Contact BCsystems: Our team can provide tailored advice based on your situation.
- Obtain legal advice: For significant or complex proposals, consulting a legal expert may be necessary.
Major changes, such as unit renovations, typically require a more involved approval process, including detailed plans and potentially a vote at a general meeting. Be prepared to invest time and resources accordingly.
In summary
Understanding body corporate by-laws and approval processes is essential for property owners. Acting without proper authorisation could lead to significant financial and legal consequences. By carefully reviewing your by-laws, seeking advice when needed, and engaging with your body corporate, you can avoid potential pitfalls and ensure your projects proceed smoothly.
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