Topic: Bequeathed By Laws – A Question of Trust or Expectation?

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25/05/2018 at 8:37 am #9741 Reply | Quote
Sua
Flatchatter
When one purchases a unit of the the plan in Queensland the by Law are available to be reviewed in the documents disclosed to the buyer.

Most buyers will review these to ensure that there is nothing that seems objectionable.

These by laws are “ratified” at the first AGM held for lot owners. Almost certainly when this motion is proposed the pre-existing Chair of the Body Corporate (original developers nominee) will sit mute along with the Body Corporate Manager (appointed by the original developer).

Once these by laws are ratified they become the lot owners problem. The dirty little secret is very often the by laws are defective and down the track Body Corporate will get legal advice that parts of their by laws are unlawful or unenforceable; and to the extent these by laws could be misleading the Body Corporate may be liable to other parties.

It would be the expectation of many, that at least at commencement of occupation the By Laws would be in good order. Wouldn’t or shouldn’t the original developer with a fiduciary duty to the body corporate ensure that would be the case?
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Reply To: Bequeathed By Laws – A Question of Trust or Expectation?

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