Body corporate by-laws set practical rules for living in and using a community titles scheme in Queensland. They help owners, tenants and committee members understand what is permitted and how shared areas should be managed.
This guide explains what by-laws can cover, how they are changed, where to find them and what happens when they are breached.
What are body corporate by-laws in Queensland?
By-laws are rules that regulate the use of lots, common property, body corporate assets, services and amenities. In Queensland, “strata” is often used as a general description, but body corporate is the usual term.
Most schemes fall under the Body Corporate and Community Management Act 1997, known as the BCCM Act. A body corporate can adopt the standard by-laws or make rules suited to its own circumstances. The applicable rules depend on the scheme’s legislation and registered documents.
Schemes vary in size, facilities, residents and suitability for animals. Scheme-specific by-laws provide a practical framework for managing these differences.
What can body corporate by-laws cover?
Common examples include:
- parking and vehicle use
- noise
- pets
- use of common property
- damage to common property
- rubbish disposal
- guests
- changes affecting a building’s appearance.
By-laws may control and manage common property, body corporate assets, body corporate services and facilities, and the use of lots.
However, a by-law cannot be inconsistent with the BCCM Act, the scheme’s regulation module or another Act. It must not discriminate between types of occupiers, be oppressive or unreasonable, or impose a monetary liability except through an exclusive use by-law.
For example, a by-law cannot remove the legal requirement to hold an AGM. A recorded by-law is not automatically valid.
For a broader overview, read our complete guide to body corporate by-laws.
How are body corporate by-laws made or changed?
A body corporate can make, change or remove by-laws by passing a motion to record a new Community Management Statement, or CMS.
A standard by-law change will usually require a special resolution at a general meeting. A new or amended exclusive use by-law requires a resolution without dissent. The new CMS must then be registered with Titles Queensland within 3 months, and the by-law begins when it is recorded unless it specifies a later date.
Committees should check the scheme’s applicable legislation, regulation module and current CMS before proposing changes.
What is an exclusive use by-law?
An exclusive use by-law attaches to a lot and gives its owner special rights over part of the common property or a body corporate asset. Examples include a courtyard beside a lot or a designated basement car space.
For a scheme covered by the BCCM Act, the benefiting owner must agree in writing or vote personally on the resolution. The body corporate must pass a resolution without dissent and record the new CMS with Titles Queensland within 3 months.
Maintenance and operating responsibilities depend on the by-law and applicable legislation. Owners should check the wording rather than assume every exclusive use area is treated the same way.
What are the current rules for pets and smoking?
A by-law cannot prohibit animals outright or restrict their number, type or size. It may require written body corporate approval, but that approval must not be unreasonably withheld.
When the committee decides a request, no decision within 21 days generally results in deemed approval. Different timing applies when a general meeting is required.
Reasonable conditions may cover leads, carriers, waste disposal and behaviour on common property. Conditions should reflect the individual animal and circumstances.
Read more about pets in a body corporate property.
Smoking by-laws may prohibit or restrict smoking on common property and body corporate assets not subject to exclusive use. They may also apply to outdoor areas such as balconies, courtyards, patios and verandahs, including outdoor areas within lots.
What happens when a by-law is breached?
Start with a calm discussion where appropriate. A person may not realise that their conduct breaches a by-law, and an informal conversation can sometimes resolve the issue.
If that does not work, the body corporate can issue a continuing contravention notice requiring an ongoing breach to be remedied. It can issue a future contravention notice where a breach has occurred and is likely to happen again.
If the notice is not followed, the body corporate may apply for conciliation or start Magistrates Court proceedings for failure to comply.
Our guide to enforcing by-laws explains the process in more detail.
Where can you find your scheme’s by-laws?
For most community titles schemes, the applicable by-laws are listed in the CMS registered with Titles Queensland. Older schemes may require further searches if their CMS does not list every applicable by-law.
Prospective owners and tenants should review the by-laws before committing to a property, particularly if parking, pets or common facilities matter to them.
Clear, accessible by-laws help everyone understand their rights and responsibilities. If you need help identifying your scheme’s by-laws or managing the process, contact StrataCare.
