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Legislation Updates

BODY CORPORATES MUST SECURE AGREEMENT BEFORE EXTRA COSTS

Recovering costs from lot owners that are not usual body corporate levies requires careful consideration.  When a lot owner pays a body corporate levy, the money should be used towards purposes that are common for everyone.

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DEALING WITH TENANTS WHEN TERMINATING A SCHEME FOR ECONOMIC REASONS

This article discusses further changes to the BCCMA that specifically addresses occupiers who are not owners.

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BODY CORPORATE BANK ACCOUNTS

One of the general functions of a body corporate is to administer the common property and body corporate assets for the benefit of owners of lots in the scheme. This includes maintaining common property and, in some circumstances, taking out insurance policies. The funds to finance insurance or maintenance are from owner contributions. But who…

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FIRST COMMUNITY TITLE SCHEME DEMOLISHED UNDER BUY-BACK PROGRAM

Minister for Fire and Disaster Recovery and Minister for Corrective Services The Honourable Nikki Boyd Demolition is now underway on the first community title scheme to have achieved voluntary home buy-back as part of the $741 million Resilient Homes Fund (RHF), jointly funded by the Australian and Queensland Governments. The unit complex in Mill Street,…

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THE COMMITTEE: A BODY CORPORATE DECISION MAKER

Community living requires a body corporate to make formal decisions to ensure the smooth day-to-day running of the complex. However, it is not always clear whether a body corporate decision should be made by the committee or by owners at a general meeting. There is a common misconception that if a by-law or a provision…

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BCCM MODULE AMENDMENTS: THE DEVIL’S IN THE (LACK OF) DETAIL

Whilst there was a substantial lead-in time for interested persons to assess the impact and effect of the amendments to the Body Corporate and Community Management Act 1997 (Act) from their passage through parliament in November 2023 to their commencement on 1 May 2024, the same can’t be said about the changes to the various…

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GOVERNMENT DOUBLES DOWN ON PETS IN STRATA

Three things to know about pet approvals: Amended pet approval decision timings are very pro-pet A body corporate has 21 days to respond to a pet application Failure to respond is a deemed ‘yes’ Further updates to strata pet regulations in Queensland The ink is barely dry on the new legislation governing strata in Queensland…

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

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…

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RESPONSIBILITY FOR UTILITY INFRASTRUCTURE MAINTENANCE

The person responsible for utility infrastructure – whether it be an air-conditioning unit, electricity wires and cables, smoke alarms, plumbing or stormwater drainage – is one of the most common questions that arise in a community titles scheme. In order to answer this question, it is first necessary to consider who owns the infrastructure –…

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CHANGES TO THE CODE OF CONDUCT: A SLEEPER ISSUE TO AWAKEN THE COMMISSIONER’S OFFICE?

Back in November 2023, we wrote about the passing of the Body Corporate and Community Management Act 2023 (Amending Act), which you can read about here. The Amending Act makes certain changes to the Body Corporate and Community Management Act 1997 (BCCM Act), and recent public focus has been around the amendments to towing, smoking,…

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