Making by-laws under other Acts
By-laws are a set of rules that a body corporate makes to control and manage:
- the common property
- body corporate assets
- services and facilities provided by the body corporate
- the use of lots.
A body corporate can make different types of by-laws.
This page applies to:
- subsidiary bodies corporate under the Building Units and Group Titles Act 1980 (BUGT Act)
- higher-level bodies corporate under the
- Mixed Use Development Act 1993 (MUD Act)
- Integrated Resort Development Act 1987 (IRD Act)
- Sanctuary Cove Resort Act 1985 (SCR Act).
Higher-level bodies corporate can be:
- a community body corporate or precinct body corporate under the MUD Act
- a principal body corporate or primary thoroughfare body corporate under the IRD Act and SCR Act.
The Acts listed above only apply to bodies corporate that do not have a community management statement (CMS) recorded at Titles Queensland.
If your body corporate has a community titles scheme (CTS) number and a CMS registered, it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).
If you’re not sure, contact Titles Queensland to find out which Act your body corporate is registered under.
Learn more about the Acts affecting some bodies corporate.
Read about making by-laws if your body corporate has a community management statement (CMS) registered.
On this page you can read about making by-laws in:
- subsidiary bodies corporate
- community and precinct bodies corporate
- primary thoroughfare bodies corporate
- principal bodies corporate.
Subsidiary body corporate by-laws
A subsidiary group titles plan (GTP) or building units plan (BUP) body corporate under the Building Units and Group Titles Act 1980 (BUGT Act) can make by-laws that control and manage:
- common property
- lots
- administration of lots or common property.
Read about how the body corporate can make exclusive use by-laws over common property.
Authorising or changing by-laws
The body corporate’s by-laws are the ones listed in Schedule 3 of the BUGT Act. The body corporate can vote by special resolution to make new by-laws, and add to or amend the Schedule 3 or other registered by-laws.
The body corporate must register its new by-laws on the survey plan with Titles Queensland. It has 3 months, from the date the motion to change the by-laws is passed, to do this.
Who the by-laws apply to
The by-laws for a subsidiary body corporate under the BUGT Act apply to:
- the body corporate
- lot owners or a mortgagee in possession of a lot
- occupiers or tenants.
Read about enforcing by-laws under other Acts.
Invalid by-laws
A by-law for a GTP or BUP body corporate cannot:
- restrict a transfer, lease or mortgage of a lot
- be inconsistent with development control by-laws
- be inconsistent with residential zone activities by-laws under the Sanctuary Cove Resort Act 1985 (SCR Act).
Community and precinct body corporate by-laws
A community and a precinct body corporate under the Mixed Use Development Act 1993 (MUD Act) can make:
- property by-laws that regulate the use and enjoyment of its common property
- activities by-laws that regulate the use and enjoyment of the lots within the body corporate
- development control by-laws that regulate a building or other structure’s
- size, shape or height
- colour or texture
- overall placement within the development.
Read about how community and precinct bodies corporate can make restricted property by-laws.
Authorising or changing by-laws
The body corporate can vote by comprehensive resolution to make property, activities or development control by-laws. They can make new by-laws, and add to or amend the current registered by-laws.
The property, activities and development control by-laws take effect when:
- the Minister—who is responsible for the MUD Act—approves them
and
- the approval is published in the Queensland Government gazette (the gazette).
Who the by-laws apply to
The community property by-laws for a body corporate apply to:
- the community body corporate
- the members or lot owners of the community body corporate.
Both the community and precinct property by-laws apply to:
- a precinct body corporate
- the members or lot owners of a precinct body corporate
- the owners of BUP or GTP lots in a subsidiary body corporate
- a mortgagee in possession of a lot
- a lessee or occupier of a lot.
Minor non-compliance
The community body corporate may allow minor non-compliance with development control or activities by-laws. The person bound by the by-law can apply in writing to the body corporate and show that the non-compliance is minor.
Invalid by-laws
Community property by-laws cannot prohibit or affect:
- an easement
- a service right or obligation.
Primary thoroughfare body corporate by-laws
A primary thoroughfare body corporate under the Integrated Resort Development Act 1987 (IRD Act) or SCR Act can make primary thoroughfare by-laws that control and manage:
- the use and enjoyment of the primary thoroughfare
- any improvements that have been made to the primary thoroughfare
- the administration of the primary thoroughfare.
Authorising or changing by-laws
The primary thoroughfare body corporate can vote by special resolution to make property or activities by-laws. They can make new by-laws, and add to or amend the current registered by-laws.
The primary thoroughfare by-laws start when:
- the Minister—who is responsible for the IRD Act or SCR Act—approves them
and
- the approval is published in the gazette.
Who the by-laws apply to
The primary thoroughfare by-laws apply to:
- the primary thoroughfare body corporate
- the principal body corporate
- the members or lot owners of the principal body corporate
- the owners of BUP or GTP lots in a subsidiary body corporate
- a mortgagee in possession of a lot
- a lessee or occupier of a lot or land.
Invalid by-laws
A primary thoroughfare by-law cannot unreasonably restrict access for an occupier through a primary thoroughfare.
Principal body corporate by-laws
Secondary thoroughfare and development control by-laws
A principal body corporate under the IRD Act or SCR Act can make secondary thoroughfare by-laws that control and manage:
- the use and enjoyment of the secondary thoroughfare
- the administration of the secondary thoroughfare.
A secondary thoroughfare is a lot within a residential area of the development. It is marked on a plan as a secondary thoroughfare.
A principal body corporate can also make or amend development control by-laws that regulate a building or other structure’s:
- size, shape or height
- colour or texture
- overall placement within the development.
Minor non-compliance
The principal body corporate may allow minor non-compliance with development control by-laws. The person bound by the by-law can apply in writing to the body corporate and show that the non-compliance is minor.
Read about how to enforce the development control by-laws.
Residential zone activities by-laws
A principal body corporate under the SCR Act can make residential zone activities by-laws that control and manage the:
- use and enjoyment of land and lots that are not part of the secondary thoroughfare
- administration of land and lots that are not part of the secondary thoroughfare.
Minor non-compliance
The principal body corporate may allow minor non-compliance with residential zone activities by-laws. The person bound by the by-law can apply in writing to the body corporate and demonstrate that the non-compliance is minor.
Authorising or changing by-laws
The principal body corporate can vote by special resolution to make development control, secondary thoroughfare or residential zone activities by-laws. They can make new by-laws, and add to or amend the current registered by-laws.
The development control, secondary thoroughfare and residential zone activities by-laws start when:
- the Minister—who is responsible for the IRD Act or SCR Act—approves them
and
- the approval is published in the gazette.
Invalid by-laws
A secondary thoroughfare by-law cannot unreasonably restrict an occupier from using a secondary thoroughfare that services the plan in which they live or lease.