FAQ - Rules & By-Laws
What Are The Rules For My Complex?
The by-laws for each complex are contained in the Community Management Statement (CMS). This document is like a constitution for the Body Corporate. Every Body Corporate has its own CMS with its own by-laws. Although there are standard by-laws in the Act, they are suggested only, and no Body Corporate is bound to adopt them.
You should have received a copy of your by-laws either with your Contract when you purchased the property, or from your solicitor during the conveyancing process. If you cannot find a copy, you should contact your Body Corporate Manager to obtain a copy.
What Happens If I Breach The By-Laws?
It depends on the by-law. If, after receiving notice of your breach, you refuse to rectify the breach, the Committee may commence legal proceedings and you may:
•Be forced to remove the breach (for example, re-paint a wall the original colour, or remove a patio that you installed without permission).
•Be ordered by the court to stop the behaviour (such as making loud noise, remove a pet that you did not have permission for, or parking in visitor car spaces).
•If you do not follow the court orders, you may be fined by the Magistrate’s court.
Remember, you are responsible for your tenants and guests. Legal action can be commenced against an owner for breached of by-laws by their tenants or guests.
Where Can I Park At The Complex?
You can park IN your garage/carport, or in a car space that is allocated to you as exclusive use in the CMS. Residents (whether owners or tenants) CANNOT park in the visitor car spaces. They are for visitors only. Also, residents and guests CANNOT park on other common property, such as lawns or driveways, particularly if this may obstruct another resident’s use of the area.
Some complexes allow owners to park on the driveways in front of their garages – you should check with your Body Corporate Manager or Committee to see whether this applies to you.