By-laws remain one of the most consistent types of enquiry we get every day and the enquirers are a very broad church.

These enquiries include:
– Owners wanting to know what to do about their body corporate breaching them
– Resident managers about whether they can enforce by-laws (which they shouldn’t)
– Bodies corporate wanting complete reviews (or to check what they have drafted)

One of the most commonly misunderstood aspects of by-laws is that the titles office reviews what is lodged before registration. They don’t check them for validity and lots of people assume that if they are registered they are lawful.

That is simply not the case and many of the by-law issues we see, arise from that mistaken assumption. This article has examples of some of the most common by-laws we see that are unnecessary or unlawful.

If your scheme has these any of these by-laws, then perhaps you should consider having them reviewed before someone mistakenly attempts to enforce something that just isn’t lawful.

This article was contributed by Frank Higginson, Director – Hynes Legal.

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