New body corporate legislation – what smoking, parking and pet by-laws do you need for your scheme?

23 November 2023

Our recent email alert outlined a number of changes to the BCCMA – read more here. This included proposed changes in relation to by-laws prohibiting smoking, the enforcement of parking breaches (through towing) and clarification of pet by-law requirements.

The suite of changes we recommend are:

  • Smoking – approving a new no-smoking by-law which prohibits smoking:
    • on any outdoor area of the scheme;
    •  on any common property (that is not indoor exclusive use); and
    •  in any area on the scheme in a way that causes an unreasonable interference, nuisance or hazard with another person’s use of their lot or common property;
  • Towing:
    • ensuring that an appropriate parking by-law is in place (which most schemes will already have);
    • a specific notation on the parking by-law that the body corporate can tow owners and occupiers’ vehicles parked in contravention of the by-laws without the need for a contravention notice or dispute resolution application; and
    • importantly – a by-law requiring owners and occupiers to notify the body corporate of their vehicles so that a vehicle register can be created. This is crucial so that the body corporate can distinguish which vehicles belong to owners and occupiers (and can be towed assuming the towing legislation is otherwise complied with); and
  • Pets
    • ensuring that an appropriate animal by-law is in place (which most schemes will already have).

Feel free to contact us if you have any questions about the amendments, or need assistance drafting (or registering) the necessary by-law changes.