A group of people inspect community by-laws.

Why are we paying to access Body Corporate by-laws?

We have the ridiculous situation that you pay to obtain a copy of the Body Corporate By-laws which set out the rules you observe as an owner at Southport Central Residential.

So we’re doing something about making it available to owners for free.

Motion 12 on the 2024 voting paper urges owners to vote in favour of free access to the Community Management Statement (CMS). This includes the by-laws for Southport Central Residential, being uploaded to the body corporate portal and that any new CMS also be uploaded.

Body corporate by-laws are a set of rules that a body corporate makes to control and manage:

  • the common property
  • body corporate assets
  • services and facilities provided by the body corporate
  • the use of lots.

The by-laws also regulate the behaviour of residents on matters such as vehicle parking, the use of recreation facilities, garbage disposal, the keeping of animals, noise, alterations to the interior of lots, wireless and television aerials, and the use and washing of balconies.

It is important that owners and renters be aware of the by-laws which apply to Southport Central Residential as there is a legal obligation to comply with them.

The ‘Residents’ Information Book’ published by the Body Corporate Committee, summarises several of the by-laws and tells residents that ‘a contravention of our by-laws can result in action being taken pursuant to legislation, which may result in a penalty being issued through the Magistrates Court of up to $30,000.00.’

While the Residents’ Information Book, is helpful for renters, owners should have ready access to the actual by-laws, which are far more comprehensive. The Body Corporate Commissioner’s website notes that ‘Many body corporate committees give copies of the by-laws to owners and occupiers, so they know their rights and responsibilities’ – but our committee chooses not to do so.

Normally you access the By-laws by obtaining a paying for a copy of the current Community Management Statement. The By-laws are listed at pages 41-58. The document is available online through ‘Titles Qld’ (formerly the Land Titles Office, Queensland) for $45.37, or from the Body Corporate Manager at Southport Central Residential for $66.50.

HOWEVER, YOU CAN DOWNLOAD THE COMMUNITY MANAGEMENT STATEMENT FOR FREE HERE (PDF FORMAT).

To further assist owners regarding the steps they may take if another owner or occupier has breached the by-laws, follow this link.

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