CMS & By-Laws

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CMS & By-Laws

By-Laws

Every Body Corporate is different. Therefore, every Body Corporate requires a Community Management Statement that adequately reflect the nature of the scheme.

Many Community Management Statements contain the standard clauses from the Body Corporate & Community Management Act (1997) QLD. For some bodies corporate, this is adequate as the By-Laws are concise and easily understood by lot owners. Issues such as noise, nuisance, damage, behaviour, garbage removal and the keeping of animals are contained within the standard By-Laws.

Often exclusive use By-Laws are necessary to deal with many of the common concerns facing bodies corporate today.

A review of your By-Laws will eliminate:

  • By-Laws inconsistent with other laws and local authorities;
  • Unreasonable By-Laws that contain discrimination or absolute prohibitions (these types of By-Laws are likely to be ruled invalid should they be challenged);
  • Unnecessary By-Laws (which create clutter) imposed by the original owner/developer can simply be removed.

Community Management Statements

Contribution & Interest Schedule of Lot Entitlements

A schedule of lot entitlements includes contribution and interest entitlements and is contained within your Community Management Statement.

An example of a contribution and interest schedule of lot entitlement is as follows:

Schedule A Schedule Of Lot Entitlements
Lot on Plan Contribution Interest
Lot 1 on SP 123456 660 674
Lot 2 on SP 123456 687 790
Etc.

Levies are set in accordance with the contribution entitlement and insurance is calculated in accordance with the interest entitlement.

There is much discussion and legislative amendment in relation to whether the contribution and interest entitlements should be equal or relative.

Click here for more information on the latest legislative amendments and discussions on lot entitlements.

Contact our Body Corporate Team now!

Debra Johnson

Whatever the situation might be, OMB Solicitors are here providing solutions.