A finding by the High Court of Australia regarding a Noosa body corporate’s by-law dispute has refuted a common misconception about strata; it can be reasonable to refuse a common property rights by-law when there’s nothing in it for you.
Nothing in the BCCM Act suggests that an opponent to a proposal acts unreasonably in failing to act sympathetically or altruistically towards a proponent who seeks to diminish the property rights of the opponent.
In strata the stress of renovation can start well before you pull up the floor. The by-laws needed to approve works or grant exclusive use aren’t always approved up front, and you might be asked by your fellow owners to amend them to address worries or limit the impact your renovation has on them.
Following are 5 amendments you might be asked to make:
Welcome back to BylawsOnline in 2016. In the new year we’re looking at making the process of registering by-laws easier for our clients, as well as introducing you to a new business in the field of by-law registration, searches and related services that we think will make life easier for everyone in the business of strata.
As for the blog, we’re looking at providing guides and commentary on what to expect with the government’s new strata laws coming into effect in July. Also, the Strata Schemes Management Regulation 2010 are getting an update, with new model by-laws and fines for breaches that are of vital importance to anyone looking at by-law enforcement for new properties.
If you’re interested in hearing about any by-law topics in particular let us know via simone@bylawsonline.com.au or in the comments below.
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