If you live in a Body Corporate community, the chances are you’ve heard of something called by-laws.
By-laws are the rules of a Body Corporate that all the owners have agreed to abide by. The by-laws are voted on by all owners and they are recorded in the Community Management Statement (CMS).
If your community doesn’t have any specific by-laws then, by default, Schedule 4 of the Body Corporate and Queensland Body Corporate and Community Management Act 1997 becomes your by-laws.
By-laws have to be consistent with the legislation, so it cannot:
If a by-law does not comply with the legislation, it may be invalid.
If an adjudicator decides that a by-law is invalid, they may make the Body Corporate record a new community management statement and remove or amend the invalid by-law.
However, a body corporate’s recorded by-laws apply unless, and until, an adjudicator decides a by-law is invalid.
If you happened to have misplaced the copy of the by-laws given to you when you purchased a property (or if you want to make sure you have the very latest by-laws), you can apply for a copy of the Community Management Scheme through the Queensland Titles Registry.