Body Corporate Rules and By-lawsJust as bodies corporate have certain responsibilities to the unit owners in the strata scheme, owners and residents also must abide by certain rules and laws. These relate to by-laws/rules introduced by the body corporate and to state-based laws contained in body corporate legislation.
By Laws/Rules
Although all bodies corporate and their members must abide by legislation, they may also create their own additional rules at their first meeting. These laws apply to both owners and tenants and must be provided in writing within seven days of occupancy.
These by-laws/rules may be changed or abolished and new ones may be introduced by a body corporate by way of a special resolution (the support of 75 per cent of unit owners).
By-laws/rules generally apply to the following areas:
- Appearance of units.
- Behaviour.
- Noise.
- Damaging common property.
- Obstructing common property.
- Littering common property.
- General garbage disposal.
- Clothes drying.
- Vehicles.
- Children.
- Pets.
- Storing dangerous goods.
Setting New Rules/By-Laws
- Rules cannot unfairly discriminate against a lot owner, limit rights or avoid statutory obligations.
- Body corporate rules bind the body corporate, lot owners, lessees or sub-lessee, or any occupier of a lot.
- If a bodies corporate makes or amends rules, it must lodge a copy with the Registrar and certify them with the secretary of the body corporate
- Rules come into effect when specified or on the day of the Registrar records them.
- Rules must be given to all lot owners as soon as practicable after lodgement with the Registrar
For more information on your body corporate by-laws, please check your records or contact your body corporate manager. |