Does the committee have the power to review/amend/change a by-law in conformity with the current laws and legislation pertaining to body corporate in Queensland?
The secretary of the committee told us at the AGM that only lawyers can draft and change the current by-laws.
When applying for an air conditioning unit approval, I received an ordinary air conditioning resolution sheet.
Two conditions on the form concern me. One states that each lot can only have one air conditioning unit. This sounds unreasonable to me. Can I argue against this as I’m in a top floor apartment and it gets very hot under the tin roof?
Another condition states that the condenser unit can only be placed in the basement, however, our block has no basement.
I have a specific example of a bylaw that seems unreasonable/oppressive/unworkable.
If a bylaw is “invalid” then what applies instead? Would the Body Corporate Commissioner say that as the current by-law is “invalid”, it can’t be broken as no action at all could be enforced?
Here is our bylaw:
Our committee has had a new set of bylaws drawn up by a solicitor. These are going to be subject to a motion or motions at our forthcoming AGM.
It seems to be the norm to replace by-laws as a whole rather than deal with each by-law separately. As a result, there is simply one motion to adopt all by-laws.
If an owner wishes to vary the wording of one or more of the individual by-laws, can this be done as a motion with alternatives prior to voting on the by-laws as a whole? If not, what options are there?
I have purchased a strata property in the Moreton Bay region. On reading the by-laws, I discovered a by-law specifically relating to:
My friend has a work ute. He does not carry anything in the back tray. He parked the ute on his neighbour’s driveway, and then he and his neighbour received an email saying the by-laws prevent parking of commercial vehicles. Is this by-law reasonable and enforceable?
“No commercial vehicle, truck or recreational vehicle, including a boat or trailer (other than a four wheel drive), is allowed to be parked anywhere that is visible from another lot or the common property, i.e. in a lock up garage is acceptable, but on a driveway or a parking pad within a lot is not.”
With the changes to the BCCM Act, what is the step-by-step process for approving a by-law review and approval of new by-laws for registration? Can a body corporate committee write the by-laws or is a lawyer required? Does the body corporate or the committee approve the change of by-laws?
We are mainly concerned about:
I am On the Strata committee. We went to NCAT and finally to the court to get an order against an owner in our complex.
The member encouraged us to reach a mediated agreement. He was reluctant to give an order. We reached agreement, however, the unit owner is not adhering to what they agreed and the owner now wants the Strata to do what we said we would do. What options do we have to get the owner to honour the mediated agreement?