Body Corporate By-Laws
BY: KATIE TODD
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Would it surprise you to know that a high percentage of residents in body corporate communities do not know there are by-laws governing the complex? And if they do know there are by-laws, they don't know what they are and don't adhere to them!!!
To live in a high rise building or townhouse development where you share common property such as recreational facilities, foyers, roadways, roofing and guttering, there has to be rules to protect each person's rights to cover usage, rectification of damage, noise and other scenarios. By-laws were put in place to alleviate the guesswork of owners in deciphering guidelines for shared living. For example, it is not acceptable to have loud parties night after night till 4am as this would disturb your neighbours - worse for the high rise neighbours, however just as annoying for the townhouse neighbours when the bass is going thump thump thump and you are unable to sleep.
Other common by-laws cover vehicles and parking spaces. Generally there are one or two allocated spaces per dwelling. So if you have three cars per dwelling, the third car will have to be parked elsewhere. It is not acceptable to park a third car in the visitor car parking for most buildings as this car park should be used for visitors only. As a community manager, we handle complaints about the three p's on a regular basis - parking, pets and parties. Some residents should never live in a body corporate as they like to do their own thing and not conform to the rules.
We come across some residents who should live on 5 acre farms who unfortunately reside in a high rise development and have no conscience about ‘doing the right thing' or adhering to by-laws. It is these owners, tenants and guests that we usually receive complaints about. The Committee would then instruct us (by a committee resolution) to send a letter to the recalcitrant, followed by a breach or contravention notice. The process is minuted at the committee meeting so that a paper trail is evident in case the matter is required to go further to the governing body of bodies corporate - QCAT (Queensland Community Tribunal). Conciliation or mediation is required between both parties when there is a dispute that cannot be solved amicably, prior to the matter proceeding to adjudication by QCAT. They cover a huge amount of cases on an annual basis and a lot of them do relate to residents not adhering to the by-laws.
Copies of the by-laws for your community are contained in the Community Management Statement for the community and should be read by each resident . Ensure if your property is let that the Letting Agent provides the By-Laws to the tenant as ignorance is not an excuse! Contact SSKB for a copy of your relevant bylaws today.
