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. 

Queensland’s Leading Body Corporate Law Firm

We create a new set of by-laws for your scheme

“… 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

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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.

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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.

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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 new set of by-laws?

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Better Support for Committees

Regulating a strata scheme can be challenging at the best of times. When it comes to enforcing a by-law, committees are almost always met with a difficult and often emotional lot owner or tenant. Committees can procced with confidence when the right by-laws are in place to support them.

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Scheme Specific Set of By-laws

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.

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Legally 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 stand up in court as lawful and enforceable. This puts body corporate committees in a far better position to regulate the scheme while promoting transparency for owners and occupiers about how the scheme is regulated.