Understanding Body Corporate By-Laws: The Absolute Guide for Owners and Occupiers

Have you ever found yourself wondering what rules apply to your unit or townhouse, and then how those rules are enforced? Or maybe you’re dealing with a frustrating dispute and feel like the by-laws are being applied unfairly or inconsistently. The maze of legal forms and unclear rules can be confusing, whether you’re an owner or a tenant.

At Simpson Quinn, we regularly assist clients with these issues and understand just how complex and personal they can feel. Disputes over pets, parking, noise or common property can quickly escalate, and many people aren’t sure about where they stand or what they should do. This article will walk you through what body corporate by-laws are, how they’re enforced, and the correct way to resolve disputes.
While it doesn’t replace tailored legal advice, it will help you make sense of your obligations and options under the law so you can feel confident about your rights and what processes to follow.

What Are Body Corporate By-Laws?

Body corporate by-laws are the rules that govern how shared areas and individual lots are used in a strata scheme. These might include matters such as:

Restrictions on noise
Where residents and guests can park
Rules around owning or keeping pets
Maintenance responsibilities for shared spaces like gardens or stairwell

Everyone who owns or occupies a lot in the scheme must comply with these by-laws. The body corporate is responsible for enforcing them in a way that’s consistent and fair. But if you’re affected by someone else’s breach, you also have the right to raise the issue and seek enforcement. And, yes you have this right whether you are an owner or an occupier (tennant).

But before anyone can lodge a formal dispute with the Commissioner for Body Corporate and Community Management (BCCM), they need to follow the steps required under the Body Corporate and Community Management Act 1997 (Qld) (the Act).

These steps are mandatory and apply whether you’re an individual complainant or the body corporate itself.

When the Body Corporate Brings a Dispute

Step 1: Issue a Contravention Notice

Under section 184(2) of the Act, the body corporate must issue a contravention notice before taking formal action against an owner or occupier. A dispute can not be lodged by the body corporate until this is done and the notice needs to explain the alleged breach and gives the person a chance to fix it.

A valid contravention notice must:

Say that the body corporate reasonably believes a by-law has been breached
Clearly identify which by-law is involved
Explain how the person has breached it
Warn that failure to comply could result in either:
- A conciliation application being lodged with the BCCM Office, or
- Legal proceedings in the Magistrates Court

Types of Contravention Notices

There are two types:

1. Continuing Contravention Notice

Used when a breach is ongoing
Example: A resident builds a deck without approval, or has a pet when the by-laws don’t allow for one
Must give a clear deadline to stop or fix the issue

2. Future Contravention Notice

Used to prevent a repeated breach
Example: Loud parties or misuse of common property
Directs the person not to repeat the behaviour within a set timeframe (up to a maximum of three months)

Contravention notices must always include the essential details about the by-law, the breach and the consequences of not complying.

What Forms Can Be Used?

The body corporate can use BCCM Form 10 (for continuing contraventions) or Form 11 (for future contraventions). These forms are optional. If the body corporate chooses to write its own notice that’s fine, but it still has to include all the same required information.

When an Owner or Occupier Brings a Dispute

Step 1: Submit a BCCM Form 1

If you’re an owner or occupier and you believe someone else has breached a by-law, you must follow section 185(2) of the Act. This involves:

Submitting a BCCM Form 1 to the body corporate asking them to issue a contravention notice to the alleged offender
Waiting 14 days for a response before lodging a dispute application

If the body corporate hasn’t confirmed within 14 days that it has issued the notice, you can then take further action yourself.

Accuracy Is Critical

The details you include in your BCCM Form 1 matter. If they don’t match the actual dispute, your application may be rejected.

In Horizons [2023] QBCCMCmr 204, an owner complained about noise caused by poor flooring insulation. Although two forms were submitted, neither named the person involved, referring only to “Unit 31.” The complaints also seemed to relate to a former tenant and their noisy guests, not the current occupiers or the issue of the flooring. The adjudicator ruled that the forms didn’t meet the requirements of section 185(2), and the application failed.

Key takeaway: Make sure your Form 1 directly reflects the issue you’re asking to be addressed. Include accurate details of the breach and the person involved or specific issue.

What If the Body Corporate Takes Over?

Once the body corporate issues a contravention notice in response to your Form 1, they take charge of the enforcement process. That means you cannot lodge a separate application against the same person for the same issue.

This was confirmed in Horizons [2023], where an owner tried to make a new application after the body corporate had already issued a notice and attempted conciliation. The adjudicator made it clear that the body corporate had assumed responsibility and the owner couldn’t start parallel action.

Your only option in that situation is to bring a dispute against the body corporate for failing to enforce the by-laws properly.

Is There a Way Around That?

Yes. If the body corporate decides not to pursue the matter further, you can request that they withdraw the contravention notice. This clears the way for you to take the next step yourself.

The body corporate must consider this request reasonably, as required by the Act. If the notice is withdrawn, you can then lodge your own dispute application against the original offender.

What If the Body Corporate Refuses to Issue a Notice?

Many people think the body corporate must issue a contravention notice after receiving a Form 1. That’s not the case.

Sections 182 and 183 of the Act say a contravention notice should only be issued if the body corporate reasonably believes a by-law has been or is likely to be breached.

If they don’t genuinely hold that belief, they’re not required to act, and, in fact, shouldn’t.

In Marlin Cove [2008] QBCCMCmr 121, the body corporate mistakenly believed it had to issue a notice after receiving a Form 1. The adjudicator found this was incorrect and voided the notice, allowing the applicant to bring a direct dispute.

“I find nothing in section 185 that requires the Body Corporate to issue a contravention notice just because a complainant asks them to. In fact, I consider it inappropriate… if they did not believe a breach had occurred or was likely to occur.”

This ruling shows how important it is for both sides to understand the process. If the body corporate issues a notice without genuine belief, it can actually weaken the case.

Process Matters

Dealing with body corporate by-laws isn’t just about being in the right. If you skip a step or use the wrong form, your application may be dismissed, even if the issue is genuine.

Whether you’re trying to raise a concern or responding to a complaint, getting legal advice early helps protect your position and avoid procedural missteps.