Proposed Changes to QLD Body Corporate Legislation

The proposed changes were announced following a Housing Summit held in October 2022 and aim to improve the governance and management of body corporate schemes throughout the state.

Scheme Termination

Proposed changes to the body corporate legislation will make it easier for community titles schemes to be terminated. Under the current legislation, a scheme can only be terminated if 100% of lot owners support the termination or if the District Court deems it just and equitable. The proposed legislation changes will allow the termination of a community title scheme with the support of just 75% of lot owners. The change is intended to make it more financially practical for lot owners to terminate a scheme rather than having to bear the costs of maintaining or fixing it.

Smoking by-laws

The Queensland government is taking steps to provide better protection to residents from the harmful effects of second-hand smoke. The proposed changes allows bodies corporate to create by-laws that prohibit smoking in communal and outdoor areas of a community titles scheme. This decision was made in response to a recent court ruling that prohibited smoking on balconies.

Pet Owners

The proposed reforms will protect pet owners’ rights by preventing body corporates from banning pets in community titles schemes, unless in specific circumstances.

Towing of Vehicles

Body corporates will now be allowed to tow vehicles which are preventing access or causing a hazard.

Next Steps

The proposed legislation changes are expected to be the beginning of a series of reforms, with a second package of changes expected to be announced later this year.

Legislation drafting is expected to take place in late 2023.