New Queensland strata laws are here!

Simply upload your CMS using the form below and we will provide a free assessment as to whether your by-laws are valid and enforceable.

Most buildings have invalid or ineffective by-laws.

The Body Corporate and Community Management Act 1997 (Qld) (BCCMA) has several restrictions on what by-laws can address. In most schemes there are by-laws that are not consistent with these legislative provisions and are therefore not legal and cannot be enforced.

We also regularly see by-laws that fail to adequately cater for every by-law need of the building, as they have never been reviewed holistically with regard to the individual body corporate’s characteristics.

Add to this sweeping reforms to Queensland strata legislation in effect from May 2024, and the timing is crucial to review your by-laws and ensure they remain relevant and enforceable. 

QUEENSLAND’S LEADING BODY CORPORATE LAW FIRM

A New Approach to Body Corporate By-laws

“… 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

What can you expect from a new set of by-laws?

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Perfectly Tailored By-laws

Rather than working from the existing base of (usually) largely incorrect by-laws, Hynes Legal work with the committee to write a new set of by-laws from scratch. We deliver a unique, tailored set of by-laws they are 100% legal and enforceable should they be tested in court.

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More Cost Effective

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.

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Easier to Use

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.

Do you want a free assessment of your by-laws?

We provide a full report outlining which of your by-laws are invalid and why you can’t enforce them when the times comes.
Upload your CMS now and we will reply with our FREE ASSESSMENT along with a proposal to write a new set of by-laws for your scheme.

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

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

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

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

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

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

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

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

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.
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TEM ELLIOTT