What are body corporate by-laws?
By-laws are the rules that have been decided by a community, or imposed upon them by the original developer, that set out how common property facilities can be used in a scheme, along with a range of other operating issues.
In Queensland, by-laws must comply with the governing legislation, the Body Corporate and Community Management Act (BCCM Act).
Restrictions around by-laws, listed in section 180 of the BCCM Act, detail limitations for what a by-law can set out to achieve.
Subsection (7) has been litigated many times: 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.
Further reading
- Are by-laws legally enforceable?
- 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?
Get real strata advice from lawyers with real experience.
People often tell us that we don’t seem like lawyers. We make a point to have real conversations with our clients in everyday language. At our core, we know that success is built on relationships.
