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By-laws

THE WILD WEST OF STRATA BY-LAWS

The legendary spaghetti western The Good, The Bad and the Ugly came out almost 60 years ago, and while the movie is now a relic of old Hollywood, its name lives on in strataland. By-laws fall neatly into each of those three basic categories: good, bad or ugly.

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CAN BODIES CORPORATE IN QUEENSLAND BAN SHORT-TERM LETTING?

A few years ago, we asked the question: Can all Bodies Corporate in Queensland ban Airbnb? The question was asked in response to the District Court decision in Redman v The Proprietors – Fairway Island GTP 107328 [2020] QDC 68. Based on that decision, we considered that Bodies Corporate in Queensland could ban short-term letting, provided it was restricted to a period of less than one month. The article we wrote back then stirred a lot of debate online, particularly amongst professionals and industry bodies that advocate for short-term holiday letting within Bodies Corporate. So what (if anything) has changed in the 4 years since that decision came out?

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WHY AREN’T BY-LAWS AND RULES REGISTERED ON THE STRATA LOT TITLE TOO?

Whether the by laws or rules are just the standard or default set, they are completely customised, or they’re a hybrid of standard and extras, they are registered on the common property title.

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ELECTRIC VEHICLES IN STRATA PERTINENT CONSIDERATIONS

The issue of electrical vehicles in strata has already become a significant issue, as bodies corporate attempt to balance the rights of individuals.

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THANK YOU FOR NOT (RUSHING TO BAN) SMOKING

Everyone loves a simple solution to a problem. That is what has been delivered for smoking in community titles schemes.[1] It’s now deemed to be a nuisance for an occupier to regularly expose someone else to smoke, and a body corporate can now make a by-law banning smoking on all the common property and an…

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5 TIPS FOR BETTER BY-LAWS

The cynics amongst us might complain there’s no utility in creating magnificent by-laws where the enforcement process is so laboursome. But wouldn’t you prefer to emerge victorious from your one-year battle than to wipe the egg from your face as an adjudicator tells you the by-law you were seeking to rely upon to prevent the…

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ELECTRIC VEHICLES

More Queenslanders are deciding to switch to zero-emission vehicles as Australians reduce their carbon emissions footprint. Zero-emission vehicles include: hydrogen vehicles fuel cell vehicles electric vehicles (EV). In 2022 the Queensland Government released: Queensland’s Zero Emission Vehicle Strategy 2022-2032 and Zero Emission Vehicle Action Plan 2022-2024. It is anticipated that by 2030, 50 per cent…

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ENFORCEMENT OF BY-LAWS THROUGH THE MAGISTRATES COURT

Did you know that the Body Corporate and Community Management Commissioner’s Office is not the only avenue to enforce a Body Corporate by-law? In this video, OMB Solicitors Senior Associate, Elisha Quigg, talks about how you can enforce by-laws through the Magistrates Court in a timely and economical way. Article Contributed by OMB Solicitors 

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IS UNLAWFUL SHORT TERM ACCOMMODATION USE OF RESIDENTIAL LOTS CONTRIBUTING TO THE SEQ HOUSING CRISIS?

One of the most vexing issues in Queensland’s strata industry is the compatibility of short-term holiday accommodation with long-term residential living.  A prominent building in South Brisbane that was developed for long-term residential living became the latest battleground for this industry issue. Background The scheme’s management rights operator filed an application in the Planning &…

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THERE ARE NO QUICK FIXES FOR VISITOR PARKING ISSUES

One of the most contentious issues in strata properties is the perennial problem of residents using visitor car parking spaces. While the sight of a resident’s car continually occupying a visitor space contrary to the by-laws can cause tensions to rise, there is no quick fix to enforcing those by-laws. Tempting as it may be,…

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