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E-ALERT- COMMENCEMENT DATE FOR ACT AND REGULATION CHANGES AFFECTING BODIES CORPORATE

By on May 2nd, 2024 in News, QLD

The changes impact:

  • termination of schemes
  • smoking
  • animal by-laws & approvals of animals
  • towing of vehicles
  • alternative insurance arrangements
  • by-law enforcement and access to records in community titles schemes that are in layered arrangements
  • codes of conduct for body corporate managers and caretaking service contractors
  • administrative processes

A general overview of the reforms including links to available resources can be found on our webpage.

Termination of schemes due to economic reasons

Basic community titles schemes where the body corporate has agreed there are economic reasons for termination which meet defined thresholds will be able to be terminated with the support of 75 per cent of lot owners.

For more information, see our webpage on termination of basic community titles schemes and termination factsheet.

Towing 

Previously, the body corporate would need to seek the order of an adjudicator to be allowed to tow an owner or occupier’s vehicle from the common property.

The amendments clarify and enhance the ability for bodies corporate to tow vehicles. The body corporate is no longer required to follow the usual dispute resolution process under the body corporate legislation to tow a vehicle.

However, the body corporate should carefully consider its requirement to act reasonably and its legal obligations under other towing laws.

For more information, see our factsheet on parking in a community titles scheme.

Layered schemes

By-law enforcement and access to records within layered arrangements of community titles schemes have been enhanced.

To support this change, there are also amendments to improve access to records for schemes in layered arrangements.

For more information, see our disputes in a layered scheme webpage.

Alternative insurance

If a body corporate cannot comply with its obligation to insure particular buildings for the full replacement value, it previously needed to apply to the Commissioner for Body Corporate and Community Management (the Commissioner) for authorisation to put in place alternative insurance.

The amendments now allow for an adjudicator to approve alternative insurance arrangements in place of the Commissioner.

Further, buildings on lots included in a community titles scheme that are created under a standard format plan of subdivision and have a common wall with a building on an adjoining lot will now be able to make an application for alternative insurance.

For more information, see the Alternative insurance guide and practice direction 28.

Smoking

Bodies corporate are now able to make by-laws that prohibit or restrict smoking on common property or an outdoor area such as a balcony.

The amendments include that regularly exposing a person in another unit or on common property to second-hand smoke may be a nuisance, hazard or an unreasonable interference that should not be occurring.

For more information, see our factsheet on smoking in bodies corporate.

Animals

Bodies corporate are now prevented from making by-laws banning pets in community titles schemes.

The amendments will also limit the reasons a body corporate can refuse a request to keep an animal within a scheme.

Bodies corporate now have 21 days to respond to a request for keeping an animal otherwise the pet is deemed to have been approved.

For more information, see our webpages on animal by-laws and disputes about animals in a body corporate. You can also see our guide to animals in a body corporate.

Important links

The Body Corporate and Community Management Act can be found here

The Body corporate and Community Management Regulations can be found here:

Please note that the Office of the Queensland Parliamentary Council website is usually updated within 3 working days after a change to the legislation.

Should you have any queries about the amendments or the body corporate legislation generally, please do not hesitate to reach out to our Information and Community Education Unit:

Phone enquiries: 1800 060 119 (free call)

Written enquiries:  online form

It is important to stay informed to ensure you receive timely updates, we recommend subscribing to our mailing list.

This article was contributed by – The Commissioner for Body Corporate and Community Management