TL:DR
- On 14 November 2023, the Queensland government passed the Body Corporate and Community Management and Other Legislation Amendment Bill 2023.
- A Body Corporate can now initiate scheme termination with a 75% majority vote of the owners, specifically based on economic reasons.
- The amended legislation allows a body corporate to tow a vehicle based on external laws without going through the standard by-law process.
- Smoking on lots or common property causing nuisance or hazard is explicitly prohibited.
- By-laws can be enacted to prohibit smoking in outdoor areas, and restrictions on pets are limited.
- There are currently no commencement dates for the amendments to the BCCM.
The November 2023 BCCM Update
On November 14, 2023, the Queensland Government passed the Body Corporate and Community Management and Other Legislation Amendment Bill 2023. The new legislation, aimed at enhancing various aspects of community living, was introduced in a significant move to address the outcomes of the 2022 Housing Summit.
Scheme Termination
One of the key amendments focuses on providing an additional method for terminating a community titles scheme. A Body Corporate can now initiate scheme termination with a 75% majority vote of the owners, specifically based on economic reasons.
The process requires the body corporate initiating a pre-termination plan, owners voting at a general meeting to confirm economic reasons, and, if agreed upon, passing another resolution to enact the termination plan. This plan must include details outlining minimum compensation for owners, and the final resolution requires a 75% or more vote from owners. The Bill also includes two dispute avenues for aggrieved parties.
Due to the complexity and strict timelines involved, it is crucial for any body corporate considering this new termination method to seek advice on the process, steps, timelines, and potential costs before proceeding.
By-Laws and Governance
Towing: The amended legislation allows a body corporate to tow a vehicle without following the by-law enforcement process if it is relying on other laws for lawful towing. This means that if there is an external law permitting the towing of a vehicle, the body corporate can adhere to that law without going through the standard by-law contravention process.
Nuisance/Hazard – Smoking: The Bill introduces an amendment to Section 167 of the BCCM Act, explicitly stating that an occupier will be in violation of the rules if they or their guests use a lot or common property for regular smoking, causing a nuisance or hazard.
Layered Arrangements – Access to Records: A significant amendment allows subsidiary owners to access principal body corporate records directly, bypassing the need to go through the subsidiary body corporate.
By-Laws – Smoking: The legislation permits a Body Corporate to enact a by-law prohibiting smoking in outdoor areas, whether it’s on someone’s specific lot or common property.
By-Laws – Pets: Acknowledging the importance of pet-friendly living, the Bill amends the BCCM Act to explicitly state that a body corporate cannot have a by-law prohibiting animals in a scheme or restricting the number, size, or type of animals kept on a lot.
By-Laws – Layered Arrangements: The Bill empowers principal body corporates to enforce their by-laws directly against subsidiary occupiers.
There are currently no commencement dates for the amendments to the BCCM. If you have any questions, please do not hesitate to get in touch (link) with our office.
