Are by-laws legally enforceable?
The by-laws of a body corporate are legally enforceable provided the by-laws themselves are valid.
Simply because a body corporate has approved and registered a by-law does not mean the by-law is legally enforceable.
When by-laws are registered, Titles Queensland does not consider the content of the by-laws themselves.
Often, body corporate committees use by-laws from other schemes as a template for their own, unaware that those original by-laws are themselves invalid.
When seeking to enforce a by-law, a body corporate should first ensure that the by-law itself is valid under the BCCM Act. Seeking legal advice from strata specialists is strongly advised.
Further reading
- Are your by-laws legally valid and enforceable?
- What are body corporate by-laws?
- How does a body corporate enforce a by-law?
- What can be included in a valid by-law?
- Can a body corporate tow a vehicle from a parking space?
- Can a body corporate ban smoking?
- Can a body corporate ban pets in strata?
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