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The unique regulations for each community titles scheme are contained in the by-laws in the community management statement. The by-laws should assist all the occupants to live together harmoniously.
A body corporate may make by-laws for -
- Administration, management and control of common property and body corporate assets.
- Regulation of, including conditions applying to, the use and enjoyment of lots, common property, body corporate assets, and services and amenities supplied by the body corporate.
By-laws may be applied to restrict uses that may otherwise have occurred lawfully within scheme land. For instance it is legal to have a by-law that requires body corporate approval for a use of a lot in a particular manner, even where that use is otherwise in accordance with the local government rules and regulations under the town plan without body corporate approval (Body Corporate and Community Management Act Section 180).
Conversely, by-laws are unable to allow uses that contravene The Body Corporate and Community Management Act, it's Modules and any State Acts e.g. a by-law that restricts residents to being owner-occupiers and bars tenants would be invalid and so would a by-law restricting guide dogs (Body Corporate and Community Management Act Section 180).
A lessor is obliged to give a tenant a copy of the by-laws for the CTS in which he is renting at the time of signing the General Tenancy Agreement Form 18a and he is obliged to comply with them (Residential Tenancies and Rooming Accommodation Act 2008 Section 69).
