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Is the BCCM Act (1997) making it hard for Body Corporate Committees to protect themselves during schoolies week?

Announcement posted by Strata Match 24 Nov 2014

Strata Match has received an influx of phone calls from worried owners asking "what can be done by my Body Corporate Committee to make sure that our investment is protected during schoolies?"

Gold Coast, QLD – November 21st 2014- With the annual schoolies ‘festival’ on over the next week, there has been an influx of phone calls to Strata Match, Australia’s leading Body Corporate Advisory Service, from concerned Body Corporates asking about the ability of a body corporate committee to restrict any activities, such as partying, using amenities and of course accessing balconies.

The Body Corporate and Community Management Act 1997 s180 (3) is clear on the position of by-laws and restricting said activities. Simply put, if a lot may be used for residential purposes, the by-laws cannot limit and confine the type of residential use. So, for example, imposing a minimum stay to prevent schoolies from actually renting the unit is unlawful. Preventing them from playing music, at a reasonable decibel during approved noise hours, within their unit whilst allowing other guests to do so is also unlawful. 

The Act also prevents the body corporate from taking action, such as locking balcony doors, to restrict or prevent access to areas within a lot. They do however have control, through the by-laws, of the use of common property such as the amenities.  This can range from;

- Time restraints for using the amenities.

- Whether or not glass, music and alcohol is allowed.

- Damaging common property

The main point that the Body Corporate Committees need to keep in mind is that they cannot go and change by-laws specifically during the schoolies period nor can they implement house rules that only apply to schoolies for only the month of November. As stated by Fair Trading, all guests should be treated the same way. Any rule or condition that you impose should apply to all guests and should be compulsory for the whole year. The same goes with bond. You cannot charge a higher bond to any schoolies renting out the apartment, despite the possibility of an increased risk in damage, without applying it to all tenants at your property.