Making by-laws

By-laws are a set of rules that a body corporate makes to control and manage:

  • the common property
  • body corporate assets
  • services and facilities provided by the body corporate
  • the use of lots.

This information explains how to make and change by-laws, including what types of by-laws are invalid.

The information on this page only applies if your body corporate has a community titles scheme (CTS) number and CMS registered with Titles Queensland. This means it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).

This applies to most bodies corporate, but there are other Acts that apply to some bodies corporate instead.

To find out which Act and regulation your body corporate is registered under, contact Titles Queensland. If you don’t have a CMS registered, the scanned survey plan may tell you which Act applies to your body corporate.

Learn more about the different legislation that applies to bodies corporate.

To learn more about which information applies to your body corporate, you can ask a body corporate question or phone our information service on 1800 060 119.

A body corporate can choose to adopt the standard by-laws that are set out in Schedule 4 of the Body Corporate and Community Management Act 1997 (BCCM Act) or it can make its own.

The by-laws for a body corporate are in the community management statement which is recorded for each community titles scheme.

The body corporate committee may want to give copies of the by-laws to owners and occupiers, so they know their rights and responsibilities.

Making and changing by-laws

A body corporate can make new by-laws, or change its existing ones at any time.

To do this a body corporate must pass a motion to record a new community management statement that includes changes to the by-laws.

Usually a motion agreeing to change the by-laws must be agreed to by a special resolution at a general meeting. If the change includes a new or amended exclusive use by-law, a resolution without dissent is needed.

The body corporate must register its new community management statement with Titles Queensland. It has 3 months, from the date the motion to change the by-laws is passed, to do this.

A by-law starts on the day the registrar records the new community management statement that contains the by-law (unless the by-law sets a later date).

Recording by-laws with Titles Queensland does not automatically make them valid.

Smoking by-laws

The body corporate can make by-laws that prohibit or restrict a person from smoking or inhaling some or all smoking products.

A smoking by-law can only apply to all or part of:

  • common property that is not under an exclusive use by-law
  • body corporate assets that are not under an exclusive use by-law
  • outdoor areas including
    • a lot
    • common property under an exclusive use by-law
    • body corporate assets under an exclusive use by-law.

The definition of outdoor area includes any of the following areas:

  • balcony
  • courtyard
  • patio
  • verandah.

Invalid by-laws

A body corporate can only make a by-law on a matter allowed under the BCCM Act.

By-laws cannot:

  • be inconsistent with the Act or any other legislation
  • stop or restrict a sale, lease, transfer, mortgage or other dealing with a lot
  • discriminate between types of occupiers
  • be unreasonable, when the interests of all owners and occupiers in the scheme and the use of the common property are considered
  • restrict the type of residential use of a residential lot
  • impose a monetary liability on an owner or occupier (except in an exclusive use by-law)
  • stop an owner or occupier from installing solar hot water or solar power on their lot because it affects the look of the building
  • stop a person with a disability from having a guide, hearing or assistance dog on the scheme
  • restrict or prohibit smoking in an enclosed part of the lot.

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—removing or amending the invalid by-law.

However a body corporate’s recorded by-laws apply unless and until an adjudicator decides a by-law is invalid.

Examples of invalid by-laws

Not consistent with the Act

A by-law would be inconsistent with the BCCM Act if it said that the body corporate did not have to hold annual general meetings.

Discriminates between types of occupiers

A by-law that only allows owners and not tenants to use the common property pool, may be discriminating between different types of occupiers.

Monetary liability

A body corporate could not make a by-law that made an owner or occupier pay a bond before moving in, because it would be imposing a monetary liability.

Smoking

A body corporate could not make a by-law that would restrict or prohibit smoking inside the enclosed part of a lot because it would be inconsistent with the BCCM Act.