By-laws are an integral part of the administration of a body corporate. The purpose of by-laws is to provide the committee with the power to regulate the use of lots, body corporate assets and common property.

Under the BCCMA, committees have a statutory obligation to enforce the body corporate’s by-laws. However, by-laws are often forgotten about until they need to be enforced.

The problem for bodies corporate is that:

• there are a myriad of legislative requirements for a by-law to be valid (and if it is not valid it cannot be enforced);
• the laws that govern by-laws change from time to time (making some by-laws obsolete or unenforceable); and
• changing by-laws is not necessarily a quick process.

It is important to get by-laws right because poorly drafted by-laws can leave the committee in a position where it cannot effectively regulate improper conduct.

To assist bodies corporate with this issue:

Mahoneys has prepared a complete guide to body corporate by-laws. In this guide we cover off:

• what are body corporate by-laws;
• why they are important;
• how they are made;
• how they are changed;
• what can by-laws include;
• what by-laws can’t include; and
• how they are enforced.

You can read a copy of the guide here:

Mahoneys provides a free, no obligation, review and assessment of body corporate by-laws. Contact our dedicated body corporate team at info@mahoneys.com.ay if you would like your by-laws reviewed for free.

Mahoneys is recognised as one of Australia’s leading body corporate law firms – having been awarded “Strata Law Firm of the Year” at both the 2023 and 2024 Strata Community Association (Qld) awards.

Our dedicated body corporate team is made up of industry leading lawyers with experience in providing body corporate advice, transaction support and dispute resolution services.

Feel free to contact us if you would like a free review of you by laws or; have any questions about preparing, changing, registering and enforcing body corporate by-laws.

Article Contributed by Todd Garsden, Partner, Mahoneys Lawyers and Advisors.

The post COMPLETE GUIDE TO BODY CORPORATE BY-LAWS appeared first on Smart Strata | Body Corporate Management.