QLD: Can a Body Corporate Ban Skateboards and Scooters or Must Bylaws Only Regulate Their Use?

This article discusses whether committees can ban skateboards and scooters outright or must instead regulate their use under body corporate skateboard scooter bylaws

Question: Our Committee would like to enforce by-laws that ban skateboards, scooters, etc in the complex. We have teenagers using our speed humps as jumps for their skateboards. Please advise, what can I do as an owner?

Answer: By-laws are meant to regulate rather than prohibit

Interesting question. I can honestly say I’ve not been asked this before.

I can see you are coming from a place of good intentions. That said, by-laws are meant to regulate rather than prohibit and the general rule of thumb is that a by-law that purports to outright ban something, would be found to be invalid if challenged in my former Office (Commissioner).

You’ve asked what you can do as an owner, although you’ve also said ‘our committee’. As an owner, or as part of the committee, you can put a motion to a general meeting putting up your suggested by-law for approval. I’d urge you to consider the wisdom of that, in light of what I’ve said above, as it might end up being a big waste of your time (and money).

If you are determined to proceed down that path, I’d suggest you start asking around other owners to see if they’d support it as well. No point in putting up a motion that is doomed to fail. And I’d also suggest seeking some legal advice about it to ensure wording is the way it should be to maximise chances of passing.

Your other option is to consider whether existing by-laws are already being breached, or whether nuisance provisions might be being breached. The committee is responsible for enforcement in either case. You’d need evidence, particularly if you initiated any formal action, and that might be in the form of a log of dates, times and what was occurring.

Might I suggest your better approach is to discuss either with the offending parties or their parents? That might be a far more cost-effective and timely path to follow.

This post appears in the October 2021 edition of The QLD Strata Magazine.

Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898