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The rules about common property

Body Corporates have responsibilities to lot owners in a community titles scheme. They are also the entity that enforces the body corporate rules and by-laws as per the body corporate and state legislation.

When body corporates hold their annual or special meetings, they discuss, introduce or remove certain rules that affect property owners and the property itself.

Generally, by-laws and body corporate rules apply to the following regarding areas of common property:

  • Appearance of units
  • Behaviour
  • Noise
  • Damaging common property
  • Obstructing common property
  • Littering common property
  • General garbage disposal
  • Clothes drying
  • Vehicles
  • Children
  • Pets
  • Storing dangerous goods

The typical shared common areas are: 

  • stairways, lifts and foyers
  • basement car parking
  • gardens
  • pool areas
  • gyms
  • access roadways
  • infrastructure such as power, sewerage and water
  • joint walls (where half the wall is a lot and half is common property)
  • roofs

If a body corporate believes that an owner or occupier is breaching the by-laws, the body corporate can speak to the owner or occupier informally to try to resolve the issue.

If that doesn’t work, the first formal step under the Body Corporate and Community Management Act 1997 is for the body corporate to give a by-law contravention notice to the person it believes is breaching the by-laws.

The decision to give a by-law contravention notice can be made by the committee, or the body corporate at a general meeting.

The body corporate usually cannot take action to enforce the by-laws until it has sent a by-law contravention notice.

If a person does not comply with a by-law contravention notice, the body corporate can decide to either

  • start proceedings in the Magistrates Court for the offence of failing to comply with the notice
  • apply for conciliationto enforce the by-law.

A fine of more than $2400 can be imposed by the Magistrates Court for failure to comply with the notice.

Being up to date and across body corporate rules and by laws is important. That’s why Seymour Consultants offer professional body corporate services to clients in both QLD and NSW.

We have an expert team at Seymour Consultants that can assist with all body corporate, quantity surveying, workplace health & safety, asbestos auditing, fire safety reports, compliance management, tax depreciations, termite inspections and more for.

Call our trusted team today on 07 5573 4011 to discuss any body corporate services you may require.