The recent approval of the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 by the Queensland government signals significant shifts in the regulatory landscape. Stemming from the 2022 Housing Summit, this transformative bill introduces key amendments, particularly in the Body Corporate and Community Management Act Qld 1997 (BCCM Act).
Scheme Termination: Streamlining the Process
A pivotal change allows a Body Corporate to terminate a community titles scheme with a 75% majority vote, contingent on valid economic reasons. The process involves a pre-termination plan, owner approval through a majority resolution, and subsequent enactment with a 75% or more owner vote. The termination plan must outline minimum compensation, and two dispute resolution avenues are in place for concerned parties.
By-Laws and Governance: Adapting to New Realities
Several amendments impact by-laws and governance:
Towing Regulations: Bodies Corporate can now tow a vehicle under external regulations without following the by-law enforcement process.
Nuisance/Hazard – Smoking: An explicit amendment states that regular smoking on a Lot or Common Property, causing a nuisance or hazard, is a contravention.
Layered Arrangements – Access to Records: Subsidiary owners can directly access principal body corporate records.
By-Laws – Smoking: Bodies Corporate can enact by-laws prohibiting smoking in outdoor areas.
By-Laws – Pets: Restrictions on by-laws prohibiting animals are in place, recognizing the importance of pets.
By-Laws – Layered Arrangements: Principal bodies corporate can enforce by-laws directly against subsidiary occupiers.
Commencement Date: Stay Informed
While the BCCM Act amendments lack a commencement date, changes to other legislation, particularly the Land Sales Act 1984, take effect upon assent. Stay updated on the commencement date for the new BCCM Act amendments for effective navigation of these changes.
In conclusion, Queensland’s Body Corporate and Community Management and Other Legislation Amendment Bill 2023 ushers in substantial regulatory changes. Whether it’s scheme terminations or adapting to revised by-laws and governance structures, staying informed and seeking professional guidance is key to navigating these shifts effectively.