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 known. The 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

number 1

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.

consulting_2

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.

consulting_3

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?

Render illustration of Committee title on ballot box, isolated on white.

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.

Writing note showing What Are The Rulesquestion. Business photo showcasing Set up the regulations before starting anything Hu analysis Hand Holding Megaphone Color Speech Bubble

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.

AdobeStock 57358491

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.

  • Tem Elliott

    Frank Higginson and Hynes Legal were highly recommended to us by a lawyer friend, who said they were the body corporate experts in Queensland. He was spot on. We have utilised their services for matters including caretaker contracts, performance issues, collections and body corporate bylaw review. We have always found them to be responsive, thorough and diligent. Excellent Value. Highly Recommend.

    Tem Elliott

  • Jennie Graham

    As a Body Corporate committee member seeking some personal advice, I had no hesitation in selecting Hynes Legal as they are well known, and respected, in their field. They were able to look at the issues presented to them, from all sides, and provide sound advice based on Body Corporate Law. This is the first time that I have had dealings with Frank Higginson and I recommend Frank, and his team, to others.

    Jennie Graham

  • Simon Batt

    Hynes Legal were exemplary. Highly recommend in all aspects of Body Corporate & Management Rights issues. Frank and his team were awesome. They were great to communicate with, gave excellent advice, and very supportive. I have used them several times in the past 15 years and we definitely use them again.

    Simon Batt

  • John Sant

    I was appointed into the role of committee chairperson when our complex consisting of 37 units were built in 2011. Since this time we have used Hynes Legal on a few occasions to deal with an underperforming resident manager and the assignment of the management rights agreements. We have also used them to comprehensively review and update our by-laws. It has been hard to hear advice when it conflicts with our wants however they aren’t afraid to tell us what we need to know and help us work within the confines of the agreements and circumstances we have. We have found Frank and his team to be very thorough and easy to work with we will use Hynes Legal for any of our body corporate needs now and into the future. John Sant V6 Apartments Chairperson

    John Sant

  • Simon Robilliard

    We were lot owners with a difficult body corporate and quickly realised that we needed professional help on a specific issue. Hynes Legal, from the very outset of our initial contact had a very personable approach and gave us a very considered step by step proposal telling us the likely outcome either way. We engaged them and they made what we wanted happen. We set a strategy rather than just fighting as we had been prior, and even though the fight was part of that strategy it wasn't the focus. It was part of a carefully considered approach to a very difficult issue. They readily accepted input from us on various documentation and they were very very switched on with the laws and the recommended step by step work through of our issue. They were really great to work with to solve our problem and we aren’t sure others would have achieved the same result based on what we investigated.

    Simon Robilliard

  • Karen Nelson

    Brilliant result in getting our Management Agreement topped up thanks to Frank and his team. Making provision for both the financier's and Body Corporate requirements meant engaging a firm that could provide the specialist service we needed knowing that potentially this could have been a particularly difficult exercise. Not only that, the follow-up service and advice ensured the process went smoothly from start to finish. Highly recommended!!!

    Karen Nelson

  • Julian Pearce

    Frank Higginson has worked for our body corporate on two management and letting right assignments and a complete re-write and modernisation of our caretaking and letting agreement in a way that made the obligations of all parties much clearer. I have found Frank and his team to be responsive, easy to communicate with and very commercial in their approach. I certainly recommend his skill and expertise in management rights.

    Julian Pearce

Would you like to know what is wrong with your by-laws?

As part of our proposal we provide a report highlighting which of your current by-laws are not valid and the reasons why. Upload a copy of your Community Management Statement or speak to us today.

(07) 3193 0500 or