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Learn about the changes to Body Corporate law in Queensland (November 2023)

The Body Corporate and Community Management and Other Legislation Bill 2023 was passed on 14 November 2023 (effective date to be confirmed).


Some of the key changes in the Bill are summarised below for owners' interest.


The Bill:


  • Clarifies that:

    • Towing: nothing in the Body Corporate legislation prevents a body corporate from towing a vehicle from common property (the body corporate still has to comply with other laws that regulate towing such as the Tow Truck Act 1973 (Qld) e.g. having proper signs displayed and giving notice);

    • Smoking: an occupier of a lot will breach their duty not to cause a nuisance if they regularly smoke on the lot or common property in a way that regularly exposes another occupier to be exposed to smoke;

    • Pets: a body corporate cannot by-law cannot prohibit the keeping or pets nor restrict the number, size or type of pet except in certain circumstances where the pet poses an unacceptable risk to the health and safety of an occupier;

    • Layered community titles schemes and by-law enforcement: in a layered scheme of community titles schemes the Principal Body Corporate’s by-laws apply to all lots in the subsidiary schemes and provides procedures for contravention notices to be issued.


  • Adds:

    • No interference with Body Corporate voting: a new duty on caretaking service contractors and body corporate managers to not unfairly influence, or attempt to unfairly influence, the outcome of a motion to be decided by a body corporate;

    • Smoking by-laws: the right for a body corporate to make a new by-law prohibiting or restricting smoking on common property or outdoor areas of a lot (making a new by-law requires a special resolution to be passed at a general meeting and preparing and recording a new community management statement with the Titles Office).

    • Changing financial year: the new power for a body corporate to change its financial year by ordinary resolution at a general meeting, instead of having to apply to the Commissioner’s Office for an order to do so. This can only be done once in a five-year period.

    • Alternative insurance: a new process for when a body corporate attempts to obtain the mandatory building replacement insurance, but cannot obtain the mandatory insurance, then the body corporate can apply for an adjudicator’s order approving alternative insurance.

    • Termination of a community titles scheme: a new process to terminate community titles schemes and dissolve bodies corporate by passing a resolution without dissent or applying for a court order.


To read the Queensland Parliament Explanatory Speech about why the Bill was made and what the intended changes are click below:

Explanatory speech
.pdf
Download PDF • 178KB

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