To change, add a new or delete a by-law requires:

• for any ordinary by-law – a Special Resolution;
• for an Exclusive Use by-law – a Resolution Without Dissent; and
• for a by-law under an order from an adjudicator or a court – an Ordinary Resolution.

It is a detailed process to modify the by-laws in any way.
To change one word means the entire CMS has to be redrafted and processed – a costly exercise.

• prevent or restrict a transmission, transfer, mortgage or other dealing with a lot
• it must not discriminate between types of occupiers
• impose a money penalty against a lot
• it cannot exclude or restrict a blind or deaf person from having or keeping a guide dog.

If a by-law is oppressive or unreasonable or invalid, an adjudicator may make an Order requiring the Body Corporate to remove the by-law or to restore an earlier by-law.

The authorization is given by the Body Corporate passing a Resolution Without Dissent to consent to the recording of a new Community Management Statement CMS that contains the Exclusive Use by-law.

As part of the by-law, the owner of the lot may be required to make a “one off” payment or make periodic payments to the Body Corporate or to owners of other lots or to both of them.

If the Body Corporate reasonably believes a person is contravening a by-law, the Body Corporate may give the person:

• a continuing contravention notice if it is likely the breach will continue
• a future contravention notice if it is likely the breach will be repeated

The owner or occupier of a lot in the scheme (complainant) who reasonably believes another person has contravened a by-law and it is likely the contravention will continue or be repeated, can request the Body Corporate to issue a contravention notice against that person.
The Body Corporate must advise the complainant within 14 days of receiving the request that a Notice has been actioned.

A copy of a contravention notice,given to a person who is not the lot owner (eg. a tenant) must be sent to the lot owner as well.

The Body Corporate can also use the dispute resolution process of the BCCM Commissioner’s Office to settle the matter.

If the by-law does not state who is to pay the maintenance and operating costs involved, the owner is taken to be responsible for the costs for the part of common property to which the exclusive use by-law applies.

Body Corporate and Community Management Act 1997

Amended Edition 1st July 2017

1. Standard Module Regulations – commenced 13 July 1997
2. Accommodation Module Regulations – commenced 11 August 1997
3. Commercial Module Regulations – commenced 22 December 1997
4. Small Schemes Module Regulations – commenced 22 December 1997 (up to six lots)

Links to Queensland Government website.

• An ACT is legislation passed by the Parliament. Acts, can only be amended by another Act of Parliament. Acts set out the broad legal/policy principles.
• REGULATIONS, RULES, CODES etc. are commonly known as “subsidiary legislation” and require publishing in the Government Gazette to become legal. These are the guidelines that dictate how the provisions of the Act are applied.
  They may also contain pro forma official forms that are required under the Act. Regulations and schedules to Acts can only be amended by a notice published in the Government Gazette.