Part 7 By-laws

(1) The body corporate may make by-laws about –

(a) the administration, management and control of the common property; and

(b) the use and enjoyment of the lots and the common property.

(2) A by-law may –

(a) adopt with or without modification the by-laws set out in Schedule 1; or

(b) amend or revoke a previous by-law.

(3) The first by-laws of the body corporate are to be –

(a) the by-laws lodged with the relevant plan or scheme; or

(b) if no such by-laws are lodged with the plan or scheme, the by-laws set out in Schedule 1.

(4) The by-laws lodged with a plan or scheme may include exclusive use by-laws.

(5) If the by-laws of a body corporate do not deal with a subject dealt with by the by-laws set out in Schedule 1, the body corporate is taken to have adopted the relevant by-law in that Schedule on the subject.

(6) The first by-laws of the body corporate come into operation on the registration of the plan or scheme.

(1) Subject to subsection (2), a by-law cannot –

(a) modify a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or

(b) restrict an owner's right to use, deal with or dispose of a lot unless the restriction –

(i) is necessary to preserve the character of the scheme; and

(ii) is made in accordance with a disclosure statement or management statement included in the scheme.

(2) A by-law may impose a minimum term (not exceeding 6 months) for the letting of lots.

(3) A by-law is void if –

(a) it is unreasonable; or

(b) it adversely and unfairly discriminates against any owner or occupier of a lot; or

(c) it adversely affects the health, welfare or safety of any person; or

(d) it is inconsistent with the provisions of a scheme.

(1) If a body corporate makes a by-law, the body corporate must, within 3 months after passing the resolution for making the by-law, lodge an application for registration of the by-law with the Recorder –

(a) setting out the text of the by-law; and

(b) stating the nature of the resolution by which the by-law was made; and

(c) stating the date when the resolution for making the by-law was passed.

(2) If the application is not lodged within 3 months, the resolution lapses.

(3) A by-law comes into force on the day the Recorder registers the by-law in the Register or a later date stated in the by-law.

A by-law is binding on –

(a) the body corporate; and

(b) the owner of a lot; and

(c) the occupier of a lot; and

(d) an invitee of the owner or occupier of a lot.

(1) The body corporate may, by ordinary resolution, make, amend or rescind a by-law giving the owner of the lot exclusive rights to the use and enjoyment of, or other special rights in relation to, the common property or part of the common property.

(2) An exclusive use by-law must –

(a) specifically identify or define the part of the common property to which the by-law applies; or

(b) set apart a particular part of the common property for allocation to the owners of lots by a person (who may be the original proprietor or the original proprietor's agent) authorised to make the allocation or provide for another method of allocation to the owners of lots.

(3) An exclusive use by-law may give rights to the owner of a lot only if the owner agrees in writing before –

(a) the by-law is made; or

(b) the allocation to the owner of the part of the common property to which the rights relate.

(4) If the owner to whom the rights are given in the first instance agrees in writing, an exclusive use by-law may impose conditions (which may include conditions requiring the owner to make a payment or periodic payments to the body corporate or the owners of other lots or both).

(5) An exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance, to make the owner of the lot responsible for maintenance of the part of the common property over which the rights are conferred by the by-law.

(6) An exclusive use by-law may authorise the owner who has the benefit of the by-law to make specific improvements to the part of the common property to which the by-law applies (which may consist or include the installation of particular fixtures or the making of particular changes to the relevant part of the common property) and in the absence of a specific provision to that effect the by-law is not to be taken to authorise the owner to make improvements or changes to the common property.

(7) If an exclusive use by-law imposes a monetary liability –

(a) the liability may be recovered as a debt; and

(b) the liability is enforceable jointly and severally against the person who was the owner of the lot when the liability arose and a successor in title.

(8) An exclusive use by-law –

(a) lapses 5 years after it was made unless confirmed within the previous period of 5 years by ordinary resolution of the body corporate; and

(b) if not confirmed by ordinary resolution of the body corporate within the previous period of 5 years, lapses on the expiration of 5 years from its last confirmation.

(9) Subsection (8) does not apply to an exclusive use by-law that is expressed to be of permanent effect.

(1) If the owner or occupier of a lot contravenes a by-law, the body corporate may give a written notice requiring the person –

(a) in the case of a continuing contravention, to refrain from further contravention; and

(b) in any case, to take specified action to remedy the contravention within a specified period (which must be at least 30 days) stated in the notice.

(2) The body corporate may, in addition to or instead of taking action under subsection (1), apply for relief under Part 9.

(1) If the owner or occupier of a lot fails to comply with a notice under this Division, the body corporate may apply to the Tribunal for an order for enforcement of the relevant by-law.

(2) In any such proceeding, the Tribunal may exercise any one or more of the following powers:

(a) impose a fine (not exceeding 50 penalty units) on the person in default;

(b) make other orders the Tribunal considers appropriate for the enforcement of the relevant by-law.

(3) A fine imposed by the Tribunal under this section is recoverable by the body corporate as a debt.

(4) A person must comply with an order under subsection (2)(b).

Penalty: Fine not exceeding 50 penalty units.

(5) The Tribunal may adjourn proceedings under this section and refer the matter to be dealt with in proceedings under Part 9.

(1) The body corporate must, at the request of the owner or occupier of a lot or a person authorised by the owner or occupier to make the request, provide a copy of the by-laws of the body corporate for the time being in force.

(2) The body corporate need not comply with a request under this section if it has previously provided a copy of the by-laws to the person making the request and the request is not, in the circumstances of the case, reasonable.