The Queensland Parliament introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 in August 2023. The Bill proposes several changes to the laws governing community titles schemes in Queensland.
On 24 August 2023, the Queensland Parliament introduced the “Body Corporate and Community Management and Other Legislation Amendment Bill 2023” (Bill). This legislation aims to bring about improvements and modernisation to the existing Body Corporate and Community Management Act 1997 (BCCMA).
These proposed changes aim to modernise and streamline the management of body corporate schemes in Queensland, address common concerns, and safeguard the rights of owners and occupiers.
Key proposed changes include:
- Scheme Termination: Facilitating scheme termination for economic reasons by lowering the approval threshold to 75% of owners.
- Towing of Vehicles: Empowering bodies corporate to tow vehicles without following the prescribed by-law enforcement process.
- Smoking Restrictions: Confirming that smoking is a nuisance and allowing by-laws to prohibit smoking on common property and outdoor areas of lots.
- Pet Regulations: Clarifying that by-laws cannot ban pets, setting a timeframe for approving pet applications, and outlining reasons for pet refusals.
- Layered Scheme Arrangements: Enabling parent bodies corporate to enforce by-laws against owners and occupiers in subsidiary schemes.
- Insurance Flexibilities: Introducing greater flexibility in seeking approval for insufficient insurance.
- Financial Year Changes: Allowing bodies corporate to change their financial year by passing an ordinary resolution.
- Additional Changes: Introducing changes to disclosure requirements for potential buyers and imposing restrictions on sunset dates for off-the-plan sales contracts.
- Minimum Housing Standards: Implementing minimum housing standards for rental properties to ensure safety, security, and functionality.
- Proxy Voting Enhancements: Improving proxy voting processes to promote transparency and fairness in decision-making.
- Committee Election Enhancements: Enabling electronic voting for committee elections to facilitate efficiency and accessibility.
- By-Law Streamlining: Clarifying and streamlining the process for adopting and enforcing by-laws.
- Dispute Resolution Enhancements: Providing more effective means of resolving conflicts within body corporate communities.
- Financial Management Improvements: Introducing provisions for better financial reporting, transparency, and accountability.
- Building Defect Handling Improvements: Addressing the handling of building defects within strata-titled properties.
Please note that this is a high-level overview of the proposed changes to the Body Corporate and Community Management and Other Legislation Amendment Bill 2023. It is not intended to be a comprehensive or authoritative legal analysis of the Bill.
If you are seeking legal advice or need more information about the proposed changes, please consult the full text of the Bill or seek professional legal advice.