1. Strata bylaws and the new fourth level of government “A law is something that must have a moral basis, so there is an inner compelling force for every citizen to obey.” Chaim Weizmann A TEYS Lawyers Webinar, 3 February 2011
2. The owners corporation is the new fourth level of government Housing policy and affordability Federal government State government Housing land release and zoning Local government Building approvals and standards Owners Corporation Bylaws about common property
3. Five things we will cover in the presentation Making bylaws Invalid bylaws Controversial bylaws Enforcing bylaws Improving bylaws
4. The model bylaws may be all you need! They are - Short and simple About things that matter Tried and tested so easier to interpret Note - the type of matters covered noise, nuisance, damage, behaviour, garbage, animals – all reasonable except the one about children playing on common property (which is discriminatory). Part 1 - Making bylaws
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6. Written before built and often without consultation with designers
7. Developers try to hold on to power too long via bylawsPart 1 - Making bylaws
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9. Should provide for owner repair and maintenance
10. Can be self executing so if conditions not observed they can be cancelled without owners written consent (Cairns Aquarius case) Part 1 - Making bylaws
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12. Stop trying to save people from themselves
13. Don’t interfere with life and liberty when it doesn’t matter Founding Fathers of America Life, Liberty and Happiness Part 1 - Making bylaws
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15. Not about ‘majority rule’
16. Requires consideration of the individual Part 1 - Making bylaws
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18. Bylaws inconsistent with legislation are invalid Bylaws are the lowest forms of law so to the extent of inconsistencies with other laws they are invalid Assess Part 2 – Invalid bylaws
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20. Original by law specify method of enclosing balconies
23. Reasonable or unreasonable?Part 2 – Invalid bylaws
24. Imperfectly made bylaws are invalid Watch the technical rules for making bylaws Passed but not registered Not registered within two years Individual consents not given (valid after 2 years) Part 2 – Invalid bylaws
30. Sensible rules can be made about behaviour (of humans as well as their animals) “After consulting with Geoffrey, I have been advised that there are many cats loose in Piney Lakes and we are not at all certain that the cat ‘clawing at screen doors, doing damage and creating a nuisance’ is my client.” – 1977 letter from a cat’s attorney to a community association. Part 3 – Controversial bylaws
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32. Regulate oversized vehicles
33. Authorise removal and impounding of owners cars but not visitors Owners with titled car spaces or exclusive use can remove cars for trespass. Part 3 – Controversial bylaws
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35. Inline with social norms and community standards
36. Case law authority supports total banPart 3 – Controversial bylaws
42. Taking the yin and yang approach to enforcement Proactively enforce by laws requiring committee approval or consent Reactively enforce by laws about behaviour Part 4 – Enforcing bylaws
43. Written enforcement policies help Avoid bylaw disputes arising from ignorance with a simple written policy Part 4 – Enforcing bylaws
52. Legal remedies are cumbersome and should be your last resort There are five ways to legally enforce a bylaw - Part 4 – Enforcing bylaws
53. A legal audit is useful This will eliminate - Inconsistent bylaws Outside powers bylaws Out of date bylaws Unnecessary bylaws Unreasonable bylaws Part 5 – Improving bylaws
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55. Reassure people exclusive use bylaws and approvals will remain intact
56. Seek views on the real issues for the communityPart 5 – Improving bylaws
57. The art and science of writing reasonable bylaws Follow these five questions Part 5 – Improving bylaws
60. Speak about them at annual general meetings Part 5 – Improving bylaws
61. It’s time to be reasonable “ It’s time for associations to write responsible rules and review existing restrictions, to eliminate restrictions that are outdated and illogical, and to address specific problems with clear, specific solutions, to realize overzealous, unreasonable (committees) can be more damaging to property values than the violations they so rigorously try to prevent. It’s time to be reasonable. Author, Kenneth Budd, ‘Be Reasonable! How Community Associations can Enforce Rules Without Antagonizing Residents, Going to Court, or Starting World War III’ ” Part 5 – Improving bylaws
