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BY-laws

One of the primary functions of the body corporate is to regulate the use of the lots and common property within the scheme, for the benefit of all lot owners. The body corporate does this by establishing and enforcing by-laws.

The by-laws are contained in the community management statement (CMS) and are established when the scheme is first established. The body corporate may have customised by-laws, however if customised by-laws are not established, new schemes automatically receive by-laws that are set out in Schedule 4 of the Body Corporate and Community Management Act 1997 (shown below).

Visit owner login to view the CMS (containing the by-laws) for your scheme.

The body corporate may change some or all of its by-laws, and record the changes on a new CMS. For example, a body corporate may wish to change the opening hours of the pool/recreation area.

The body corporate has the power to set its own by-laws, however there are certain limitations outlined below.

The body corporate committee must enforce the by-laws. By-laws may be enforced via self-resolution (discussion and negotiation), by issuing a notice of contravention of the by-laws to the offending party, or by application for an adjudication order.

Schedule 4: By-laws
  1. Noise
    The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.
  2. Vehicles
    1. The occupier of a lot must not—
      1. park a vehicle, or allow a vehicle to stand, in a regulated parking area; or
      2. without the approval of the body corporate, park a vehicle, or allow a vehicle to stand, on any other part of the common property; or
      3. permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area.
    2. An approval under subsection (1)(b) must state the period for which it is given.
    3. The body corporate may cancel the approval by giving 7 days written notice to the occupier.
    4. In this section—regulated parking area means an area of scheme land designated as being available for use, by invitees of occupiers of lots included in the scheme, for parking vehicles.
  3. Obstruction
    The occupier of a lot must not obstruct the lawful use of the common property by someone else.
  4. Damage to lawns etc.
    1. The occupier of a lot must not, without the body corporate’s written approval—
      1. damage a lawn, garden, tree, shrub, plant or flower on the common property; or
      2. use a part of the common property as a garden.
    2. An approval under subsection (1) must state the period for which it is given.
    3. However, the body corporate may cancel the approval by giving 7 days written notice to the occupier.
  5. Damage to common property
    1. An occupier of a lot must not, without the body corporate’s written approval, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.
    2. However, an occupier may install a locking or safety device to protect the lot against intruders, or a screen to prevent entry of animals or insects, if the device or screen is soundly built and is consistent with the colour, style and materials of the building.
    3. The owner of a lot must keep a device installed under subsection (2) in good order and repair.
  6. Behaviour of invitees
    An occupier of a lot must take reasonable steps to ensure that the occupier’s invitees do not behave in a way likely to interfere with the peaceful enjoyment of another lot or someone else’s peaceful enjoyment of the common property.
  7. Leaving of rubbish etc. on the common property
    The occupier of a lot must not leave rubbish or other materials on the common property in a way or place likely to interfere with the enjoyment of the common property by someone else.
  8. Appearance of lot
    1. The occupier of a lot must not, without the body corporate’s written approval, make a change to the external appearance of the lot unless the change is minor and does not detract from the amenity of the lot and its surrounds.
    2. The occupier of a lot must not, without the body corporate’s written approval —
      1. hang washing, bedding, or another cloth article if the article is visible from another lot or the common property, or from outside the scheme land; or
      2. display a sign, advertisement, placard, banner, pamphlet or similar article if the article is visible from another lot or the common property, or from outside the scheme land.
    3. Subsection (2)(b) does not apply to a real estate advertising sign for the sale or letting of the lot if the sign is of a reasonable size.
    4. This section does not apply to a lot created under a standard format plan of subdivision.

    Note — Under the Building Act 1975, sections 246R and 246S, a body corporate can not withhold consent for particular activities stated in the sections that might change the external appearance of a lot.

  9. Storage of flammable materials
    1. The occupier of a lot must not, without the body corporate’s written approval, store a flammable substance on the common property.
    2. The occupier of a lot must not, without the body corporate’s written approval, store a flammable substance on the lot unless the substance is used or intended for use for domestic purposes.
    3. However, this section does not apply to the storage of fuel in —
      1. the fuel tank of a vehicle, boat, or internal combustion engine; or
      2. a tank kept on a vehicle or boat in which the fuel is stored under the requirements of the law regulating the storage of flammable liquid.
  10. Garbage disposal
    1. Unless the body corporate provides some other way of garbage disposal, the occupier of a lot must keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot, or on a part of the common property designated by the body corporate for the purpose.
    2. The occupier of a lot must —
      1. comply with all of the following laws about the disposal of garbage —
        1. if the lot is in a priority development area—PDA by-laws, and any local laws that apply;
        2. if the lot is not in a priority development area—local laws; and
      2. ensure that the occupier does not, in disposing of garbage, adversely affect the health, hygiene or comfort of the occupiers of other lots.
  11. Keeping of animals
    1. The occupier of a lot must not, without the body corporate’s written approval—
      1. bring or keep an animal on the lot or the common property; or
      2. permit an invitee to bring or keep an animal on the lot or the common property.
    2. The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property.

      Note – See section 181 in relation to the right of the owner or occupier of a lot to keep a guide, hearing or assistance dog on the lot.

    Limitations for by-laws
    1. If a by-law for a community titles scheme is inconsistent with this Act (including a regulation module applying to the scheme) or another Act, the by-law is invalid to the extent of the inconsistency.
      Example for subsection(1)—
      If a by-law for a community titles scheme purporting to give a body corporate manager, service contractor or letting agent exclusive use of common property is inconsistent with the regulation module applying to the scheme, the by-law is invalid to the extent of the inconsistency.
    2. Subsection (1) does not apply to an inconsistency between a by-law and a local law or PDA by-law if the inconsistency is about keeping animals on scheme land.
    3. If a lot may lawfully be used for residential purposes, the by-laws can not restrict the type of residential use.
    4. A by-law can not prevent or restrict a transmission, transfer, mortgage or other dealing with a lot.
      Examples— 

      1. A by-law can not prevent the owner of a lot from leasing or mortgaging a lot.
      2. A by-law can not prevent the sale of a lot to a person under or over a particular age.
    5. A by-law must not discriminate between types of occupiers.
      Example—
      A by-law can not prevent a tenant from using a pool on the common property.
    6. A by-law (other than an exclusive use by-law) must not impose a monetary liability on the owner or occupier of a lot included in a community titles scheme.
    7. A by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers of lots included in the scheme and the use of the common property for the scheme.
    8. A by-law must not include a provision that has no force or effect under the Building Act 1975, chapter 8A, part 2.

    Queensland Government, Body Corporate and Community Management Act 1997. (2013). Limitations for by-laws [S180]. Retrieved 29 October 2014, from https://www.legislation.qld.gov.au/

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