Queensland Consolidated Acts
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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 180
Limitations for by-laws
180 Limitations for by-laws
(1) If a by-law for a community titles scheme is inconsistent with this Act
(including a regulation module applying to the scheme) or another Act, the
by-law is invalid to the extent of the inconsistency.
Example for subsection
If a by-law for a community titles scheme purporting to give a
body corporate manager, service contractor or letting agent exclusive use of
common property is inconsistent with the regulation module applying to the
scheme, the by-law is invalid to the extent of the inconsistency.
Subsection (1) does not apply to an inconsistency between a by-law and a local
law or PDA by-law if the inconsistency is about keeping animals on
(3) If a lot may lawfully be used for residential purposes, the
by-laws can not restrict the type of residential use.
(4) A by-law can not
prevent or restrict a transmission, transfer, mortgage or other dealing with a
1 A by-law can not prevent the owner of a lot from leasing
or mortgaging a lot.
2 A by-law can not prevent the sale of a lot to a person
under or over a particular age.
(5) A by-law must not discriminate between
types of occupiers.
A by-law can not prevent a tenant from using a
pool on the common property.
(6) A by-law (other than an
exclusive use by-law) must not impose a monetary liability on the owner or
occupier of a lot included in a community titles scheme.
(7) A by-law must
not be oppressive or unreasonable, having regard to the interests of all
owners and occupiers of lots included in the scheme and the use of the
common property for the scheme.
(8) A by-law must not include a provision
that has no force or effect under the Building Act 1975 , chapter 8A , part 2
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