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QLD: How keeping by-laws up to date reduces disputes and improves governance

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Question: How and why does keeping our by-laws current reduce disputes and support better governance?

I am the chair and treasurer of a 30 lot body corporate under the Accommodation Module. The committee is reviewing our by-laws and wants to update existing by-laws and introduce new ones.

To help convince the body corporate of the necessity of this action, can you explain why it’s important to keep by-laws current and how this can help prevent disputes and support clearer decision making and enforcement?

Answer: For a relatively small investment of time and funds, the benefit of an updated and enforceable set of by-laws will outweigh the costs.

Yes, I’m happy to try to oblige!

One of the main reasons a body corporate should update its by-laws on at least a semi-regular basis is so the by-laws reflect recent developments in both legislation and in cases. On the former, a change to legislation (such as the changes in 2024 in relation to smoking and pets) will absolutely have a direct impact on your by-laws. On the latter, as adjudicators determine new cases, these cases provide guidance on which by-laws are valid, which are not, and which provisions and clauses are acceptable.

If the by-laws are not reviewed to take into account these factors, then when a dispute about the application of those by-laws arises, the body corporate may find itself in a position where it is trying to enforce a by-law that ultimately gets found to be invalid. This is a considerable expenditure of time, effort and resources for no result. Whereas, ensuring that the by-laws are up to date will reflect positively on the committee and also may help to demonstrate that it is acting reasonably, which it is required to do under legislation, and also that it is acting in good faith.

In other words, for a relatively small investment of time and funds, the benefit of an updated and enforceable set of by-laws will outweigh the costs.

This is general information only and not legal advice.

This post appears in the May 2026 edition of The QLD Strata Magazine.

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

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About Chris Irons, Strata Solve

Chris is a strata unicorn: he is not a strata lawyer, manager or caretaker. He was Queensland’s Commissioner for Body Corporate and Community Management for over 5 years. That is the only role of its type in the world. Chris is also an owner in one strata scheme, and a tenant in another.

As Director of Strata Solve, Chris focuses on communications and strategic advice, rather than legal action, to solving strata problems. Strata Solve works with owners, committees, strata managers and caretakers to tailor practical solutions to stressful strata situations. Chris holds an Honours degree in Communications and is a nationally accredited mediator.

Chris is a regular contributor to LookUpStrata. You can take a look at Chris's articles here.

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