Enforcing by-laws under other Acts
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Bodies corporate enforcing by-laws
There are no required forms or processes for enforcing the by-laws.
A body corporate may believe an owner or occupier is breaching the by-laws. The body corporate can choose to speak to the owner or occupier informally to try to fix the issue.
If that doesn’t work, the body corporate can enforce the by-laws. It can tell the owner or occupier in writing that it knows about the breach.
Bodies corporate under these Acts can create their own form:
They cannot use Body Corporate and Community Management Act 1997 forms 1, 10 and 11.
The committee (or the body corporate at a general meeting) can decide to enforce the by-laws.
Higher-level body corporate by-laws
Members of higher-level bodies corporate in layered developments can be individual owners or other bodies corporate.
A higher-level body corporate can enforce the by-laws against:
- owners or occupiers (including tenants) of a lot within the same body corporate
- lower or subsidiary group title plan or building units plan bodies corporate
- owners or occupiers in lower-level or subsidiary bodies corporate.
Read more about the types of by-laws that can be enforced.
A higher-level body corporate must make reasonable attempts to resolve the by-law breach before it can take further action. The body corporate must try to resolve the dispute with the party they are seeking an order against.
Body corporate taking it further
A body corporate can take a dispute further if a by-law continues to be breached. It can ask a referee to make an order to enforce the by-law.
A subsidiary body corporate under the BUGT Act should try to resolve the dispute internally first. The referee will usually ask these bodies corporate to show they have done this before making an order. The body corporate can try to resolve the dispute with the person they want the order made against.
Higher-level bodies corporate under the MUD Act, IRD Act or SCR Act must make reasonable attempts to resolve the by-law breach. These bodies corporate must do this before they can take it further. They must try to resolve the dispute with the party that they want an order made against.
A body corporate can decide to apply for a referee’s order to enforce the by-laws. However, it cannot apply for a referee’s order to enforce the development control by-laws.
The committee (or the body corporate at a general meeting) can decide to apply for a referee’s order.
Owners or occupiers enforcing by-laws
An owner or occupier can take steps to enforce the by-laws against someone they believe is breaching them.
They can write to the body corporate to ask the committee to vote to enforce the by-laws. There is no form the owner or occupier must use for this process.
Alternatively, an owner who is entitled to vote at a general meeting can submit a motion to a general meeting. They do this by sending it in writing to the secretary. The motion can propose that the body corporate acts to enforce the by-laws.
An owner or occupier can write to another owner or occupier directly about a breach of the by-laws. They can do this to try to resolve the dispute.
Owner or occupier taking it further
If a by-law continues to be breached, owners and occupiers can take the dispute further. They can ask a referee to make an order to enforce the by-law.
Owners and occupiers in a subsidiary body corporate under the BUGT Act should try to resolve disputes internally first. A referee will usually ask them to show they have done this before making an order. They can try to resolve the dispute with the person they want the order made against.
Owners or occupiers in a higher-level body corporate under the MUD Act, IRD Act or SCR Act must make reasonable attempts to resolve the by-law breach. They can take it further after they have done this. They must try to resolve the dispute with the party that they want an order made against.
Owners and occupiers can apply for a referee’s order against either:
- the body corporate for not enforcing the by-laws
or
- another owner or occupier for breaching the by-laws.
Read more about who can be an applicant or respondent in the guide to application for order by a referee.
An owner or occupier cannot apply for a referee’s order to enforce the development control by-laws.
Development control by-law enforcement
If you want to enforce the development control by-laws, you must try to resolve the dispute internally first.
If this doesn’t work, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to enforce the development control by-laws.
You can apply if you are:
- authorised to act for the
- principal body corporate
- precinct body corporate
- community body corporate
- authorised to act for a subsidiary body corporate of the higher-level body corporate
- an owner or occupier of a lot in a residential area under the IRD Act or SCR Act
- an owner or occupier of a lot in any part of the development under the MUD Act
- a person who has an estate or interest in a lot in the development.
Read more about development control by-laws for higher-level bodies corporate.
