Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 180

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 (1)—

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.

(2) 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 scheme land.

(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 lot.

Examples—

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.

Example—

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 .

(9) To remove any doubt, it is declared that if a by-law for a scheme applies to a subsidiary scheme, a reference to a lot in this section includes a reference to a lot included in the subsidiary scheme.