If you live in, own, or invest in a unit, townhouse, or apartment in Queensland, you’re likely part of a body corporate (also called a community titles scheme). One of the most important things governing how everyone lives and uses the property is the scheme’s by-laws.
But what exactly is a by-law, and why does it matter?
What Is a By-Law?
In Queensland body corporate law, a by-law is a rule that regulates how lots and common property within a community titles scheme can be used and enjoyed.
By-laws are legally enforceable rules that apply to:
Lot owners
Tenants and occupants
Visitors
The body corporate itself
They exist to help residents live together harmoniously, protect property values, and manage shared spaces fairly.
By-laws are made under the Body Corporate and Community Management Act 1997 (Qld) (often called the BCCM Act).
What Do By-Laws Typically Cover?
By-laws vary from scheme to scheme, but commonly deal with things like:
Use of Lots -
Whether lots can be used for residential or business purposes
Noise levels and nuisance behaviour
Renovations and alterations
Flooring types (for noise control)
Pets -
Whether pets are allowed
Approval processes for pets
Size, number, or behaviour requirements
Queensland law generally supports reasonable pet approvals, but conditions can still apply.
Parking and Vehicles -
Where residents and visitors can park
Use of garages and driveways
Restrictions on caravans, boats, or commercial vehicles
Common Property -
Use of pools, gyms, gardens, and BBQ areas
Storage of personal items on common property
Damage and maintenance responsibilities
Appearance and Maintenance -
Keeping balconies tidy
Laundry visibility
External appearance of lots
Responsibility for repairs
Are By-Laws Legally Enforceable?
Yes. By-laws are legally binding once they are properly recorded with the scheme’s community management statement.
If someone breaches a by-law, the body corporate can:
Issue a contravention notice (a formal warning), and
If the breach continues, take the matter to dispute resolution through the Queensland Commissioner’s Office and potentially to an adjudicator or tribunal.
However, by-laws must be:
Reasonable
Consistent with Queensland law
Not discriminatory or oppressive
Not restricting a lawful use of a lot in an unreasonable way
If a by-law is invalid, it can be challenged and overturned.
Who Makes or Changes By-Laws?
By-laws are made or changed by the body corporate through a formal voting process at a general meeting. Most changes require a special resolution or higher voting threshold.
Once approved, the updated by-laws must be:
Recorded in a new Community Management Statement, and
Lodged with the Titles Registry to become legally effective.
Individual owners cannot unilaterally create or change by-laws.
How Can You Find Your Scheme’s By-Laws?
You can usually obtain a copy of your scheme’s by-laws from:
Your body corporate manager
The secretary of the body corporate
Your contract of sale (if you’re buying)
A title search or Community Management Statement
It’s a good idea to read them carefully before buying, renting, renovating, or getting a pet.
Why By-Laws Matter:
Understanding by-laws helps you:
· Avoid disputes with neighbours
· Prevent costly breaches and penalties
· Know your rights and responsibilities
· Make informed decisions about living or investing
· Protect the value and enjoyment of your property
Ignoring by-laws can lead to formal notices, legal costs, and ongoing conflict.
By-laws are the “house rules” of a body corporate in Queensland. They regulate how people live together in shared communities and balance individual freedom with collective responsibility.
If you’re unsure whether a by-law applies to your situation — or whether it’s enforceable — getting professional advice can save time, stress, and money.