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?
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?
You are much better getting a lawyer who knows what they are doing to do it for you.
I think the easy answer is that it’s a special resolution. In terms of the process, it is really up to each committee. As you would expect (with a substantial lack of impartiality on my part), you are much better off getting a lawyer who knows what they are doing to do it for you. You can get quotes, and the committee can usually decide to engage lawyers. The final by-laws need to go to a general meeting for approval of owners.
Lawyers always operate on instructions, so beyond the engagement of lawyers, the lawyers should take instructions from the client about what is important to them and why. They should draft by-laws for the committee’s consideration and comment before the by-laws are put to a general meeting.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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