What can be included in a valid by-law?
In Queensland, a strata by-law generally cannot be prohibitory.
That is, it must regulate, not ban outright, unless specifically allowed by legislation. An example of an exception is a by-law prohibiting smoking in certain areas of strata schemes.
Section 180 (subsection 7) of the BCCM Act sets the standard lens through which draft by-laws should be viewed: 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.
The standard of “oppressive or unreasonable” is usually the first test applied by an adjudicator or the courts when assessing the validity of a by-law in a dispute.
A by-law takes effect upon registration with Titles Queensland, and any change must be lodged with Titles Queensland within three months of the motion that approved the change.
Further reading
- Are your by-laws legally valid and enforceable?
- What are body corporate by-laws?
- Are by-laws legally enforceable?
- How does a body corporate enforce a 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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