Queensland body corporate rules and responsibilities are often misunderstood by lot owners, residents and committee members. We have clarified some common myths so you can better understand how your scheme operates and what action may be needed.
What are the most common body corporate myths in Queensland?
A body corporate manages common property, body corporate assets and services. It also makes and enforces rules for the scheme. Depending on the issue, decisions are made at general meetings, by the committee or by an authorised body corporate manager.
The rules that apply depend on the regulation module and the documents for your scheme. Check your community management statement and current by-laws before acting on an assumption.
Can body corporate by-laws be changed?
Myth: By-laws are permanent.
By-laws can regulate the use of lots, common property, body corporate assets, services and facilities. Common examples include parking, noise, pets and the use of shared areas. You can read more in our guide to body corporate by-laws.
A body corporate can make new by-laws or change existing ones at a general meeting. Usually, the motion must pass by special resolution. A new or amended exclusive use by-law requires a resolution without dissent.
The body corporate must then record a new community management statement with Titles Queensland within 3 months after the motion is passed. A by-law starts when the registrar records the new statement, unless the by-law provides for a later start date.
Changing a by-law does not give the body corporate power to write any rule it wants. By-laws cannot be inconsistent with the BCCM Act or another law, unreasonable when the interests of owners and occupiers are considered, or impose a monetary liability except where permitted for an exclusive use by-law.
A by-law also cannot remove the requirement for the body corporate to hold an annual general meeting. Recording a by-law with Titles Queensland does not automatically make it valid.
If you are considering a new rule, first check whether the proposed by-law is within the body corporate’s powers and whether the correct resolution is required. It is also sensible to consider how the change would affect owners, occupiers and common property in practice.
Can a body corporate refuse pets?
Myth: A body corporate can ban every pet.
Animal rules are controlled by the scheme’s by-laws. However, current Queensland legislation makes prohibitive animal by-laws invalid. This includes rules that prohibit animals altogether or prohibit animals based on a particular breed or weight.
A permissive animal by-law can require approval before an animal is kept on a lot or brought onto common property. Most applications can be decided by the committee, unless the issue is restricted and must be decided at a general meeting.
The approval process starts with a written request to the secretary, an authorised body corporate manager or, in some circumstances, the chairperson. Approval cannot be refused simply because a committee does not prefer pets. Refusal is limited to circumstances such as an unacceptable risk that cannot be managed by reasonable conditions, unreasonable interference with another person’s use of the property, or a restriction under another law.
The committee must decide an application within 21 days after receiving it. If it does not decide within that period, the animal is generally deemed approved. Different timeframes apply where a general meeting is required, including a 6-week period after the general meeting notice is sent.
Reasonable conditions may cover matters such as:
- keeping the animal restrained on common property
- keeping the animal within the lot boundaries
- preventing nuisance or unreasonable interference
- managing noise
- disposing of animal waste appropriately
- taking reasonable steps to minimise allergens.
As a pet owner, you remain responsible for your animal’s conduct and noise. Make sure the animal does not create a nuisance or interfere unreasonably with another lot or common property. For more practical guidance, see pets in a body corporate property.
Are body corporate by-laws legally enforceable?
Myth: By-laws are only guidelines.
By-laws are legally enforceable rules. They apply to owners and occupiers, so residents and tenants should understand the by-laws that affect their use of the lot and common property.
A body corporate is responsible for enforcing its own by-laws. If it believes an owner or occupier has breached a rule, it will usually begin by giving a formal contravention notice. The notice must identify the by-law, explain the alleged breach and state what must be done to fix the issue or prevent it happening again.
For an ongoing breach, the notice must set a period for the person to remedy the problem. A future contravention notice can be used where the body corporate believes the breach is likely to happen again.
If a person does not comply, the body corporate may apply for conciliation or start proceedings in the Magistrates Court. Owners and occupiers can also ask the body corporate to enforce a by-law by giving it an approved notice. The committee then has 14 days to tell the complainant whether a contravention notice has been issued.
If the issue remains unresolved, the dispute can proceed through the Commissioner’s dispute-resolution process. Usually, the person complaining must first give the body corporate the required notice and try to resolve the issue with the other person.
Keep records of complaints, correspondence, photographs and other relevant evidence. A clear record can help the committee understand what happened and decide what response may be reasonable.
Who is responsible for body corporate repairs and decisions?
Myth: The body corporate manager is automatically responsible for repairs.
A body corporate manager provides administrative services and acts within the written engagement. Where there is a committee, the manager can only do what the body corporate asks it to do under that engagement.
The manager is not responsible for maintaining common property, although it may organise work if the committee asks it to. Check the manager’s engagement and delegated powers before assuming it can approve or arrange repairs.
The body corporate manager is also not automatically in charge of the body corporate. The manager may be authorised to perform functions such as calling meetings, sending levy notices, issuing by-law contravention notices, managing money and receiving voting papers. That authority does not remove the committee’s powers.
Where there is no committee, a body corporate manager may be engaged to carry out the committee’s functions and exercise its powers. This is different from a manager working with an elected committee.
Before arranging work, confirm:
- whether the body corporate has approved the repair
- whether the committee has authority to make the decision
- what the manager’s engagement allows it to do
- whether a general meeting decision is required
- whether funds are available.
This helps avoid confusion about who made the decision and who is responsible for the next step.
Why do body corporate levies include different funds and contributions?
Myth: Special levies are a third body corporate fund.
Lot owners must pay their share of body corporate expenses. Annual levies are based on the administrative and sinking fund budgets approved at the annual general meeting. The body corporate also decides the amount payable by each lot, the number of instalments and the due dates.
The administrative fund covers the body corporate’s routine operating expenses. The sinking fund is intended for longer-term capital works and replacement of common property assets. These are separate funds with different purposes.
A special contribution is not a third fund. It is an additional levy raised for a particular unexpected cost, such as work costing more than the amount allowed for in the sinking fund budget. It must be approved by ordinary resolution.
Levies are paid to the body corporate’s accounts. They are not paid into a body corporate manager’s personal funds. A manager may issue levy notices or be authorised to manage the administrative and sinking funds, but the money remains body corporate money managed under the applicable arrangements.
The body corporate must give owners written notice of the contributions owed at least 30 days before payment is due. The notice must state the amount, due date, any discount, any penalty and relevant overdue payments.
A higher levy is not necessarily evidence of poor management. It may reflect insurance, repairs, planned capital works, operating costs or an underfunded budget. Review the budget, sinking fund planning and meeting records when you want to understand how an amount was calculated. You can also read understanding your body corporate levies.
Do lot owners and committee members have a role in running the body corporate?
Myth: The manager or chairperson runs everything.
A lot owner is automatically a member of the body corporate. Owners may have voting rights on matters requiring a body corporate vote, and the body corporate must elect a committee at each annual general meeting.
The committee handles the administrative and day-to-day running of the body corporate, makes decisions on its behalf and puts lawful decisions into place. The body corporate can also make decisions at general meetings, including decisions outside the committee’s authority.
A committee will usually include a chairperson, secretary and treasurer, along with other members. The exact structure can vary according to the regulation module and the number of lots in the scheme.
The chairperson chairs the general and committee meetings they attend. However, the chairperson does not generally have more authority than other committee members. The role is to chair meetings and help the committee conduct its business, rather than make decisions alone.
The committee cannot decide matters such as setting or changing levies, changing owners’ rights or obligations, or issues that must be decided by a general meeting resolution. Spending is also restricted, and money must be available in the budget before the committee can spend it.
Participating in meetings, considering motions and asking questions can help owners influence scheme decisions and maintenance priorities. Being involved also gives you a better understanding of how decisions about the property are made, which may affect the condition and appeal of the property over time.
Understanding the difference between the body corporate, committee and manager helps you know who can make a decision and what process should be followed. If you are unsure about your body corporate’s responsibilities or records, contact our team at reception@stratacare.com.au.
