Hynes Legal Services
Are all of  your By-laws Legal & Enforceable?

We bet they’re not and here is why:

The Body Corporate and Community Management Act 1997 (Qld) (BCCMA) has several restrictions on what by-laws can address. In almost every scheme we have seen, these legislative provisions are not consistent with the by-laws themselves and therefore they are not legal, nor can they be enforced.

Typically, lawyers are creatures of precedent.  No doubt some diligent lawyer came up with a comprehensive set of by-laws many years ago which has been plagiarised repeatedly over time.  Unfortunately, as those original by-laws get tested, more and more of them are being shown up as unlawful.  What this means is that most bodies corporate have unlawful by-laws.  If a committee doesn’t know what it’s looking for, it is a recipe for disaster when it comes time to enforce them.  This is something many diligent committees learn to their should have knownThe other key issue with a scheme’s by-laws is that they usually do not adequately cater for every by-law need of the building.   This is because the by-laws have never been reviewed holistically with regard to the individual body corporate’s characteristics. 

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Queensland’s Leading Body Corporate Law Firm

A Better Way to Approach By-law Reviews

“… in almost every scheme we have seen, as the original by-laws get tested, more and more of them are being shown up as unlawful and unenforceable…” – Frank Higginson, Partner & Director Hynes Legal

Start Fresh with a Tailored Set of By-laws

Rather than working from the existing base of (usually) largely incorrect by-laws, Hynes Legal work with the committee to build a set of by-laws from the ground up. We deliver a unique, tailored set of by-laws they are 100% legal and enforceable should they be tested in court.

More Cost Effective Than a Line-by-line Review of By-laws

Hynes are pleased to offer clients a less expensive and more effective solution to by-law reviews. Creating a set of scheme specific by-laws requires less hours to create than would be required to carry out a line-by-line review of the existing by-laws. We pass this cost saving onto our clients to deliver a far more cost effective solution.

Simple to Navigate and Easy to Understand

The resulting set of by-laws are written with the end user in mind, they are easier for everyone to understand and are not written in complex and verbose legalese language. We create a set of by-laws that are in a logical order, broken down into relevant sections as opposed to the usual 1 through to 40 by-law format.

What Can you Expect from a Tailored Set of By-laws

The Best Knowledge in the Strata Sector

By-laws projects are undertaken and written by our team of body corporate lawyers and supported by our Consulting team which is headed up by Chris Irons, Former Commissioner for Body Corporate and Community Living, Qld. As the only boutique law firm focussed solely on strata, body corporate and management rights in Queensland, the by-laws we write will be highly relevant, 100% valid and expertly tailored for the committee to use as required.

Everything Needed to Pass Motion

We undertake to gain an in-depth understanding of the building and the individual characteristics of the scheme, as well as any specific issues the committee is hoping to address with the new by-laws. The by-laws are delivered complete with the motion required to get them across the line and we can provide additional support to assist with any hurdles in getting the by-laws accepted.

100% Legal and Enforceable By-Laws

Hynes are the first to offer our clients a better solution to the age-old problem of having non-compliant and invalid by-laws. The finished product that we deliver will be 100% lawful and enforceable. This gives every committee the confidence to rely on the by-laws while promoting transparency for owners and occupiers about how the scheme is regulated.