Is a Committee’s Blanket Ban on Balcony Awnings or Sun Shades Unreasonable?

By admin,

I am on the committee of a fairly new Body Corporate in a Gold Coast high-rise. Several unit owners have asked permission from the committee to install some form of sun shade on their balconies. We have fairly large balconies, and unfortunately in the summer months it's unbearable to sit outside because of the sun blaring onto the balconies.

Are ‘No Noise’ Conditions in Strata Pet By-Laws Unreasonable or Oppressive?

By admin,

Our strata bylaws have a pet with approval policy. We have been given approval subject to a separate list of conditions, one of which we feel is unreasonable and oppressive.

It states "The dog is not permitted to make noise or otherwise cause a nuisance, such that it interferes unreasonably with any person’s use or enjoyment of another Lot or common property".

We feel the first part of this statement regarding noise is oppressive, how is it possible for a dog to make no noise?

Does a Body Corporate Committee Have the Power to Review or Change By-Laws in Queensland?

By admin,

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.

Are Conditions on Air Conditioning Approvals Reasonable Under Strata By-Laws?

By admin,

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.

If a Visitor Parking By-Law Is Invalid or Unreasonable, What Parking Rules Actually Apply?

By admin,

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:

Can Owners Propose Alternative Wording for Individual By-Laws Before a Whole-By-Laws Vote?

By admin,

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?

Are By-Laws Banning Commercial Vehicle Parking, Including Utes, Reasonable and Enforceable?

By admin,

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.”

Step-by-Step Process for Reviewing and Approving New By-Laws Under the Updated BCCM Act

By admin,

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:

  • Approval for a review.
  • Quotes for solicitors.
  • Authorisation of a solicitor.
  • Internal review of proposed by-laws.
  • Final approval for registration. Is this a special resolution?
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