This article discusses BCCM Act by-law approval, outlining the step-by-step process for reviewing, drafting, approving, and registering new or amended by-laws under the updated legislation.
Question: 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?
Answer: 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.
This post appears in Strata News #675.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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