Understanding the Body Corporate & Community Management Act 1997

27 September 2024

If you own property within a community titles scheme (CTS) in Queensland, you’re probably aware that there are some rules and regulations to follow. One key piece of legislation you should know about is the Body Corporate and Community Management Act 1997 (BCCM Act). But what exactly does this Act mean for you? Let’s break it down in a friendly, easy-to-understand way.

What is the BCCM Act?

Think of the BCCM Act as the rulebook for managing properties that share common areas, like gardens, driveways, and swimming pools. It’s designed to ensure that everyone knows their rights and responsibilities, making living in a CTS smooth and enjoyable.

Why Should You Care About Schedule 4?

Schedule 4 of the BCCM Act is where you’ll find the default by-laws. These are like the standard house rules that apply unless your community has created its own set of by-laws. It’s like moving into a new house and finding a handy guide on how to get along with your neighbours!

What Are These By-Laws About?

Here’s a quick look at what these rules cover:

  1. Using Common Areas: Guidelines on how you can use shared spaces without stepping on each other’s toes.
  2. Pets: Rules about keeping pets – yes, your furry friends are included!
  3. Noise Levels: Ensuring peace and quiet at reasonable times.
  4. Parking: Directions on where to park your car.
  5. Maintenance Duties: Who takes care of what around the property.

Why Default By-Laws Matter

If your body corporate hasn’t set up its own by-laws, the ones in Schedule 4 automatically kick in. This means there are always clear rules to follow, helping to prevent disputes and keep everyone happy.

How By-Laws Affect Visitor Car Parks and Car Park Management

Parking can be a hot topic in any community, and the BCCM Act has got you covered:

  • Visitor Parking: Clear rules about where guests can park, ensuring there’s space for everyone. Typically, visitor car parks are designated and marked to avoid confusion. These spaces are usually located in convenient spots, making it easy for visitors to find a spot close to where they need to go.
  • Usage Limits: To prevent long-term occupancy of visitor spots by residents or repeat visitors, by-laws may specify how long a vehicle can be parked in a visitor space. For instance, there might be a rule that no vehicle can be parked for more than 24 hours without prior permission from the body corporate.
  • Permissions and Enforcement: Sometimes, the body corporate may require residents to notify them if they have visitors who will need parking for an extended period. This helps in monitoring and managing the use of visitor parking effectively. Enforcement measures might include fines or warnings for residents or visitors who do not adhere to the rules.
  • Maintenance: Just like other common areas, parking spaces need to be maintained. This includes regular cleaning, ensuring that lines and signage are clear, and that any damage is promptly repaired. Good maintenance keeps the area safe and pleasant for everyone.
  • Resident Parking: By-laws often also include rules about resident parking. This might cover assigned parking spaces, whether or not parking is allowed in driveways, and any restrictions on parking commercial vehicles or boats within the property. Clear rules help prevent disputes and ensure everyone knows where they can and cannot park.

What’s in It for You?

By-laws are there to:

  • Keep You Safe: Ensuring shared spaces are safe and well-maintained.
  • Protect Property Values: A well-managed property retains its value better.
  • Promote Harmony: Clear rules help everyone get along and reduce conflicts.

How to Find Out Your By-Laws

To see what rules apply to your CTS, check the community management statement (CMS) registered with Titles Queensland. If it doesn’t list any by-laws, the standard ones from Schedule 4 apply.

Conclusion

Knowing about the BCCM Act and its by-laws can make a big difference in how you experience living in a community titles scheme. It’s all about creating a pleasant, harmonious environment for everyone.

For more details, you can view the full text of the BCCM Act here.

Got questions? We’re here to help! Reach out to us at PriPark, and we’ll be happy to assist.