The definitions in our CMS are different to the wording in our bylaws. Does the definition in the CMS override the by-laws or do we need to change the by-laws?
We are under the accommodation module/Building Format plan. When our CMS was submitted there was a list of definitions. The wording in the definitions is different to the wording in the by-laws. For example; the definitions state "a vehicle" whereas the by-laws state "a registered vehicle".
Without going into the problems this has caused the committee with differing opinions/interpretations, does the definition override the by-laws? Or do we have to go down the path of reviewing the by-laws with a general meeting to approve the proposed changes, new CMS etc.
There is not necessarily one set of words that overrides the other.
This appears to be a matter of construction and interpretation. There is not necessarily one set of words that overrides the other as it will depend on:
- How the definitions clause has been drafted;
- How the by-law itself has been drafted;
- Whether there is any guidance in the by-laws as to interpreting them; and
- Importantly, the specific issue at hand.
If we were able to review the entirety of the by-laws and have some detail around the issue at hand we could provide our view on how it should all be interpreted.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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