QLD: Can balcony rules differ within the same building?

This article discusses whether different balcony by-laws in the same building are allowed and when such restrictions are considered reasonable.

Question: Can there be different rules about what can be placed on a balcony depending on how the balcony is positioned in the building?

The new CMS to be voted at the next AGM has some new clauses. Can there be different rules about what can be placed on a balcony depending on how the balcony is positioned in the building? In our building, we have interior pool facing balconies, and exterior-facing balconies.

Can a BBQ and a Washing line be both banned from the Internal facing balconies (pool facing) but can be stored and used on the other Balcony facing the back (external).

Can the type of furniture used on the balcony be specified as “appropriate and designed for outdoor use”

Can Body Corp conduct an Annual Balcony audit?

Answer: The body corporate can impose regulations that preserve the visual amenity of the building.

This comes down to whether the new rules are “reasonable”. Not only is there the overarching requirement for bodies corporate to act reasonably section 94 of the BCCMA), but by-laws must also be reasonable in the circumstances section 180 of the BCCMA).

Ordinarily however, the body corporate can impose regulations that preserve the visual amenity of the building. This is particularly relevant in schemes known for their architectural design or significance.

If the external balconies are not as readily viewed as the internal facing balconies, then such a restriction is capable of being reasonable. It would also appear reasonable that there is a requirement that outdoor furniture be appropriate and designed for outdoor use.

A body corporate can, and has obligations, to enforce by-laws. If this means regularly inspecting balconies to ensure that the by-laws are being complied with, then it can do so. This does not necessarily need to be on an annual basis though.

This post appears in Strata News #567.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753