{"id":1524,"date":"2025-11-03T14:57:21","date_gmt":"2025-11-03T04:57:21","guid":{"rendered":"https:\/\/www.abkj.com.au\/articles\/?p=1524"},"modified":"2025-11-04T13:09:45","modified_gmt":"2025-11-04T03:09:45","slug":"managing-communication-in-community-living-the-role-of-by-laws","status":"publish","type":"post","link":"https:\/\/www.abkj.com.au\/articles\/managing-communication-in-community-living-the-role-of-by-laws\/","title":{"rendered":"Managing Communication in Community Living: The Role of By-Laws"},"content":{"rendered":"

In community title schemes, disagreements between owners and committees are inevitable. But sometimes, the communication itself forms the basis of the dispute.<\/p>\n

A recent decision of the Office of the Commissioner for Body Corporate and Community Management (BCCM), Archer Hill <\/em>[2025] QBCCMCmr 267, provides timely guidance on how far a body corporate can go in regulating correspondence from an owner whose communications have become excessive or unreasonable.<\/p>\n

The matter centred on the enforcement of a by-law that allowed the committee to limit the volume and tone of correspondence from one owner. The case confirms that under Queensland\u2019s body corporate law<\/a>, committees may adopt and enforce communication by-laws to preserve civility and administrative efficiency.<\/p>\n

The decision highlights the importance of clear communication protocols and offers practical lessons for both committees and lot owners.<\/p>\n

 <\/p>\n

Why Communication By-Laws Matter<\/strong><\/h2>\n

Effective communication is the foundation of successful community management. Committees rely on respectful exchanges to manage maintenance, budgets, and disputes. However, in an age of constant digital communication, excessive correspondence can quickly become overwhelming. A single owner sending frequent or aggressive messages can consume valuable time, create tension, and obstruct decision-making.<\/p>\n

To address this, many bodies corporate now include communication by-laws that regulate the tone, method, and frequency of contact between owners, committees, and managers. These by-laws balance two key interests: an owner\u2019s right to raise legitimate concerns and a committee\u2019s ability to administer the scheme efficiently and without harassment.<\/p>\n

Queensland\u2019s body corporate legislation allows schemes to make and enforce by-laws for the proper management, control, and enjoyment of common property and lots. Properly drafted communication by-laws sit within that framework, giving committees a lawful basis to set reasonable limits on correspondence and uphold community standards.<\/p>\n

\u00a0<\/strong><\/p>\n

The Archer Hill<\/em> Decision<\/strong><\/h2>\n

In Archer Hill<\/em>, the lot owner sent more than 300 emails to the body corporate over two years, sometimes more than twenty in a single day. Many messages were accusatory or written in all capitals, with phrases such as \u201cSTILL WAITING\u201d and \u201cI DEMAND.\u201d The committee argued that this behaviour was unreasonable and disruptive to the scheme\u2019s administration.<\/p>\n

The body corporate relied on a communication by-law introduced in 2022, which permitted the committee to set conditions on how owners could communicate. After informal efforts failed, the committee applied to the Commissioner\u2019s Office for an order enforcing that by-law.<\/p>\n

The referee found that the owner\u2019s conduct breached the by-law and that the committee\u2019s actions were reasonable and proportionate. Orders were made limiting the owner to one written communication per week (of no more than two pages or 1,000 words) and allowing either party to seek variation if circumstances changed.<\/p>\n

Certain proposed conditions were rejected as excessive, including a requirement that all correspondence be sent by post and reference legislation in each message. These were found to be unnecessary and inconsistent with modern communication practices.<\/p>\n

This decision provides valuable lessons for both committees and owners on how to manage communication disputes constructively. While committees have the authority to set boundaries, those boundaries must remain fair, proportionate, and clearly communicated. Owners, for their part, should ensure that their correspondence remains measured and purposeful.<\/p>\n

 <\/p>\n

Practical Guidance for Committees and Owners<\/strong><\/h2>\n

For Committees<\/strong><\/h3>\n