This article discusses which by-laws apply after a new CMS is registered in Queensland.
Question: Our body corporate registered a change of by-laws under BUGTA in 1997. In 2000, we requested a new CMS with the Standard Module By-Laws. Which by-laws now apply?
On 12 March 1997, our body corporate registered a change of by-laws under BUGTA with the Titles Office of QLD. On 13 July 2000, the new BCCM Act 1997 came into force.
On 15 July 2000, a new CMS was requested, providing for a new CMS with the Standard Module By-Laws at the time.
Given that the new CMS was registered after 13 July 2000, do the Standard By-Laws apply or the original registered in March 1997?
Answer: The registered by-laws are the ones that apply.
The registered by-laws are the ones that apply. The ‘standard statement’ that was registered automatically on 13 July 1997 incorporates exactly what you had in place when the BCCM Act commenced in 1997. That was really just a default CMS for those bodies corporate that hadn’t yet adopted one.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500
This post appears in the March 2026 edition of The QLD Strata Magazine.
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