By-laws

KEEPING TRACK OF STRATA LAWS IS A JOB FOR THE SPECIALISTS

Given the scale of the strata community across Queensland – verging on 600,000 strata lots – you would like to think that strata laws, and keeping on the right side of them, would be as simple as possible.

But that’s not always the reality.

The difficulty for people trying to weave their way through strata laws is that there are plenty of rules that work 95% of the time, but there’s an exception for niche circumstances. It’s complicated for us too, and we live and breathe it on a daily basis.

In our latest 2.5-minute video and accompanying article, we highlight some of the exceptions to rules in strata law, and what they mean for you…

WHEN EMAILS BECOME A BY-LAW BREACH

Most strata disputes don’t begin with bad behaviour. They begin with an issue that never quite gets resolved.

The adjudicator’s decision in Bower Lodge [2026] QBCCMCmr 1 is a useful reminder that while owners are entitled to raise concerns, how those concerns are pursued matters. In particular, repeated, lengthy emails can cross the line from engagement into a breach of a scheme’s by-laws — even when the sender believes they are simply seeking answers.

More importantly, the case highlights a far more effective way for owners and committees to resolve ongoing issues: use the motion process to force a decision…

PRIVACY A MULTI-HEADED ISSUE FOR RESIDENT MANAGERS

The rapid evolution of digital technology has made privacy a hot social topic, and nowhere more so than in strata communities.

With records being digitised, communications taking place mostly online and security cameras beaming images over the internet, the question of how all this data is being managed and who has access to it can create confusion and conflict…

TOBACCONISTS AND INCREASED INSURANCE PREMIUMS

Insurers have recently focussed on schemes which have tobacconists within them (or other businesses selling tobacco related products).

Where there is a tobacconist (or similar business) operating from within the scheme, this has led to:

1. insurance renewals being refused; or
2. if insurance is offered, increased premium costs and excesses for fire events.

Due to the way in which insurance premiums are apportioned for a body corporate, all lot owners in the scheme are then required, in the first instance, to bear the increased insurance premium costs – which can be 2 or 3 times more than if the tobacconist was not operating within the scheme…

HOW TO DRAFT MOTIONS FOR YOUR BODY CORPORATE

Submitting a motion to your body corporate is one way owners can help make decisions about how their community titles scheme is run.

A motion is a request for action, and whether it’s a request for something to be maintained, proposing a new by-law or seeking approval for an improvement, a well-written one provides clarity of what you are asking to be voted on.

In this article, we’ll suggest how a written motion should be constructed to give your request the best chance of being accepted.

We will also provide real case examples and helpful tips on what to avoid so you can learn what works and why…

A BODY CORPORATE CAN REQUEST EVIDENCE OF A SERVICE ANIMAL’S TRAINING

Everyone can be great, because everyone can serve – Martin Luther King, Jr.

Section 181 of the BCCM Act gives a disabled occupier the right to keep an assistance dog they rely on; no approval under the by-laws is required.

An assistance dog is one trained to perform identifiable physical tasks and behaviours to assist a person with a disability, to reduce the person’s need for support (Training).

An assistance dog can, but does not have to, be certified under the Guide, Hearing and Assistance Dogs Act 2009 (Qld) (GHAD Act). If a claimed assistance dog is not certified…

CAN A BODY CORPORATE IMPOSE ACOUSTIC RATINGS FOR HARD FLOORING?

In contemporary community title schemes, it is commonplace for an owner to want to improve their lot through the installation of hard floor coverings, such as timber, marble vinyl planking or tiles.

This often is accompanied by concerns from other lot owners that the hard flooring will generate greater noise and detract from the use and enjoyment of common property and another lot, particularly where carpet presently exists.

The question which arises is, can bodies corporate regulate hard flooring through the imposition of a preferred acoustic rating?

PET-FRIENDLY LIVING IN STRATA COMMUNITIES

Queensland’s strata communities have recently experienced significant shifts in pet ownership regulations, reflecting a broader societal recognition of pets as integral members of many households.

The catalyst for these changes was the landmark “Jo Cooper” decision in New South Wales five years ago, which invalidated blanket bans on pets in strata schemes. This ruling set a precedent that resonated across Australia, prompting legislative reforms in various states, including Queensland.

NOT ALL “HOUSE RULES” ARE INVALID

A body corporate commonly creates policies about various practical matters at the scheme. These policies are usually referred to as “House Rules” and are not part of the scheme’s by-laws. Typical topics for these rules include moving in/out, renovation and moving bonds, and use of recreation facilities.

If an owner or occupier does not comply with the rules, either deliberately or accidentally, there can be disagreements about what can be done to enforce the House Rules…

COMPLETE GUIDE TO BODY CORPORATE BY-LAWS

By-laws are an integral part of the administration of a body corporate. The purpose of by-laws is to provide the committee with the power to regulate the use of lots, body corporate assets and common property.

Under the BCCMA, committees have a statutory obligation to enforce the body corporate’s by-laws. However, by-laws are often forgotten about until they need to be enforced.

The problem for bodies corporate is that…