Body Corporate Approval & Body Corporate By-Laws in Queensland

Apr 30, 2014

Do you own property in a Community Titles Scheme (“CTS”) in Queensland? If so, you may be aware that the Body Corporate (and consequently the Body Corporate Committee) can hold a significant degree of control when it comes to:

 In these circumstances, the Body Corporate Committee will usually refer to the By-Laws in their determination of whether or not to approve your request.  In doing so, the Body Corporate Committee may require that your application be amended or may even reject your application altogether.

 However as discussed below:

 Ban the Banners – Energy Efficient Features or Fixtures

 From 1 January 2010 new (and some existing) covenants and By-Laws cannot:

 These changes have been implemented pursuant to the Body Corporate and Community Management Act1997 (Qld) and and Building Act 1975 (Qld).

 The above Acts provide that covenants and By-Laws made from 1 January 2010 to 22 May 2010 cannot restrict the use of:

 Further, they cannot require:

 Covenants and By-Laws made after 22 May 2010 cannot restrict the use of:

 Further, they cannot require:

 If any covenant or By-Law seeks to do any of the above, the prohibition or requirement “has no force or effect to the extent of the prohibition or requirement”.

 Duty to Act Reasonably

 Body Corporate Committees have a duty to act reasonably in enforcing or making decisions in accordance with By-Laws.

 Recent case law suggests that:

 Additionally, 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”.   

 How TVP Law can assist

 TVP Law can assist you with all aspects of Body Corporate law in Queensland, including disputes with Body Corporate Committees and obtaining Body Corporate Committee approval.  Please do not hesitate to contact us should you require assistance in:

The content in this article is intended to provide a general guide to the subject matter only.  Specialist advice should be sought for your specific circumstances.