Get legal advice on your by-laws in Queensland — Quarter

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Rules nobody has read are rules nobody follows.

Most buildings are running on the by-laws they were handed at registration, plus whatever has been bolted on since. Some of those are unenforceable, some were never registered, and a few are the reason an otherwise sensible body corporate is in a dispute it cannot win. This is the cheapest legal work a building can do, and the work that most often prevents the expensive kind.

Get legal advice on your by-laws in Queensland

Queensland keeps its by-laws inside the community management statement, which makes changing them a different exercise from anywhere else: you are not amending a by-law, you are recording a new CMS with Titles Queensland. That adds cost and time, and it is the reason Queensland schemes should batch rule changes rather than making them one at a time.

Governed by the Body Corporate and Community Management Act 1997, administered by the Office of the Commissioner for Body Corporate and Community Management.

At a glance — QLD

What they are called
By-laws, recorded in the community management statement under the BCCM Act.
To change them
A resolution of the required type, then a new community management statement recorded with Titles Queensland.
Practical consequence
Because each change means a new CMS, batching several amendments into one is materially cheaper.
Limits
A by-law that is oppressive or unreasonable is invalid, and the Act restricts by-laws that prohibit occupation by particular people.
Module
Your regulation module sets the resolution type required.
Disputes
Conciliation and adjudication through the Office of the Commissioner for Body Corporate and Community Management.

How to do it in Queensland.

  1. 1

    Get the current community management statement

    The by-laws are in it. Working from anything else is working from a copy.

    In Quarter: Your registered rules, the amendments and the minutes that passed them sit together with dates on them. Ask the Manager what they say about a pet, a renovation or a short-stay letting and it quotes the rule back rather than making you read the set.

    Get the current community management statement in Quarter
  2. 2

    Collect every change you want, then get advice once

    Queensland's CMS process rewards batching. A lawyer reviewing five proposed changes costs little more than one reviewing a single change.

    In Quarter: Put the agreement in your documents register and ask the Manager to summarise it — when it expires, how much notice it needs, what leaving early costs, and what they have to hand back. It reads the forty pages so the committee does not have to, and will turn the answer into a task with a date on it.

    Collect every change you want, then get advice once in Quarter
  3. 3

    Confirm the resolution type your module requires

    Getting this wrong means recording a CMS on an invalid resolution.

  4. 4

    Give 21 days and put the motion with the exact wording

    Owners vote on the words that will be recorded.

    In Quarter: Build the motion from the quotes and the budget, send the notice to every owner off the ownership register on the statutory clock, and record the vote as it is cast — a decision carries its majority automatically and emails the outcome to whoever raised it.

    Give 21 days and put the motion with the exact wording in Quarter
  5. 5

    Record the new CMS

    Until it is recorded, the by-law is not a by-law.

    In Quarter: The ownership register, financial records, insurance, contracts and documents sit in one searchable place, so a handover is an export rather than an archaeology project — and they are still there when the committee turns over.

    Record the new CMS in Quarter
  6. 6

    Circulate the new set

    To owners, occupiers and anyone letting a lot.

    In Quarter: Announce it to every owner and resident in a single send — email, and posted to the residents' portal at the same time.

    Circulate the new set in Quarter

Where QLD buildings get caught.

Changing by-laws one at a time

Each one is a fresh CMS. Buildings that batch spend a fraction of what buildings that don't do.

By-laws that restrict who may occupy

The Act limits these sharply, and a by-law of that kind is a liability rather than a rule.

The wrong resolution type

Module-specific, and fatal to the amendment if wrong.

Why this is worth doing properly

A by-law is the only thing standing between a shared building and an argument about what people may do in it. It is worth having ones that are current, that are enforceable, and that a court or tribunal would actually uphold.

Unregistered changes do nothing
In most jurisdictions a change to your by-laws has no legal effect until it is registered. Buildings routinely pass a resolution, file the minutes and believe the job is done. It is not, and the gap is only discovered when somebody is asked to comply.
Unreasonable rules are unenforceable rules
A rule that is harsh, oppressive or unreasonable can be struck out, and a blanket ban is the usual culprit. A building that over-reaches ends up with less enforceable than one that drafted narrowly in the first place.
Old rules describe a building that no longer exists
Short-stay letting, electric vehicles, e-bike batteries, working from home and renovations have all arrived since most rule sets were written. Silence on a live issue is what produces the dispute.
It is cheap compared with the alternative
A few hours of a strata lawyer's time against a tribunal matter that runs for a year. This is the one place in a building's budget where legal advice reliably pays for itself.

How Quarter supports the work

Quarter does not give legal advice — that is what the lawyer is for. What it does is make the lawyer's job short, and make the outcome stick.

Every rule in one place

The registered set, the amendments, the minutes that passed them and the correspondence about them, together — so the first thing a lawyer asks for takes a minute rather than a fortnight.

Ask before you pay

Ask the Manager what your current rules say about a pet, a renovation or a short-stay letting. It will quote the rule back to you, which is often the whole answer.

The motion, properly put

A change to your by-laws usually needs a particular resolution type and a particular notice period. Quarter puts it as that motion, on that clock, and records the vote.

A record of what was passed and when

The resolution, its date and its wording, held against the building — which is exactly what registration and any later dispute both need.

Owners can actually read them

Rules published where residents and buyers can find them, rather than in an attachment to an email from 2019.

Questions we get asked.

Do we really need a lawyer for this?
For a review, yes — it is a few hours' work and it is where the value is. For putting the motion, giving notice and recording the vote, no. The mistake buildings make is paying a lawyer to do the administration and skipping the advice.
What makes a rule unenforceable?
Broadly, being inconsistent with the legislation, being outside what the Act allows rules to cover, or being harsh, unconscionable or oppressive. Blanket prohibitions are the most common failure — courts and tribunals have repeatedly preferred a requirement to seek consent, with consent not unreasonably withheld, over an outright ban.
Can we just adopt the model rules?
Often, and it is a reasonable starting point — the defaults are drafted to be lawful. What they will not do is address anything specific to your building, which is usually the reason you were looking at your rules in the first place.
How long does it take?
The advice is quick. The process is not: you need a general meeting with proper notice, the right resolution, and then registration. Plan on a few months from decision to enforceable.

Where this comes from

General information about Queensland, not legal or financial advice for your building. Legislation is amended and grant programmes open and close — check the current position with the Office of the Commissioner for Body Corporate and Community Management or the administering body before you act on anything here.

Review your building's rules — elsewhere

Other things to get done in QLD

Get this one off the list.

Tell us about your building in Queensland and we will show you exactly how Quarter would run it.