Pool Pavilion

Within days access to the Pool Pavilion in Stage 2 for Stage 1 owners, residents, guests and visitors will be considered by Queensland Civil Administrative Tribunal (QCAT) and a decision will be handed down in a few weeks. It is likely that if access is denied the obvious thing to do would be for Stage 1 to have its own pool pavilion. Is this possible? Probably not without the cooperation of DEKHI-RR Pty Ltd (DPL). Our 2018 body corporate committee and DPL entered into a contract (Occupation Authority Deed) where DPL would have exclusive use of the central facility and most of the deck area for fulfilling the Caretaking and Letting Agreements. Those agreements expire on 23 November 2043. DPL can have a restaurant and bar there. There is also a liquor licence for which there will be a plan showing the area covered by the licence. The liquor licence plan most likely covers the same area as the Occupation Authority Deed.
If we are going to have a pool pavilion with BBQ's then it might be nice to be allowed to have a drink there? BYO is allowed under the licence conditions.

By-Laws

Well written up to date by-laws are an asset to body corporate schemes. All to often they are out of date, inappropriate and as a consequence unenforcable. I believe our present by-laws fall into the later catagory.
What we operate on now is a 2016 version which was holiday letting centric. The committee members at the time owned a lot of holiday letting villas. More recently, at a 2019 Committee Meeting two committee members, who owned 4 villas between them, advised of a first draft of updated by-laws that would be presented to committee for comment and finalisation. Those 7 committee members who were going to be asked for comment owned 13 villas between them.
There is a lot going wrong here. Firstly, it is the lot owners who write the by-laws and it is they who have the final say. Secondly the 2019 draft by-laws were never ratified and a new Community Management Statement (CMS) was never prepared and submitted to the titles office.
When we get a lawfully elected committee, hopefully sometime this year, it would be good for owners to have their say and bring the by-laws up to date. So, it is the 2016 by-laws we are operating on.
If we want our property to function properly we need owner input. We need by-laws we can live with and by-laws that can be enforced. There are problems here, parking is one. It is not so much owners causing the parking problem it is more likely to be guests and tenants. It is the owners who make the by-laws and it is the owners who will have should have the say.