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Legislation Updates

BUILDING INSURANCE PREMIUMS AND HOW THEY ARE CALCULATED

For many bodies corporate, insurance is one of the biggest ongoing costs. While the body corporate is responsible for arranging insurance, each lot owner contributes to the premium through levies. Understanding how these contributions are calculated is essential for both committees and owners…

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STRATA LOTS SHOULD NOT BE A SET-AND-FORGET INVESTMENT

An issue that often arises in strata is the lack of people’s involvement in their buildings.

All lot owners owe it to themselves to understand the operation of their building and to keep a quiet eye on what’s going on in their body corporate – particularly from a financial perspective.

There is no downside to understanding what is going on, but there is certainly some downside to ignoring issues that will potentially impact your investment in a substantial way.

In our latest 2.5-minute video and accompanying article, Frank Higginson discusses why it’s important to stay involved in your body corporate…

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SUPREME COURT RULES: RESOLUTION MISDESCRIPTION CAN INVALIDATE A MOTION

When drafting motions for a body corporate meeting, precision matters—especially when it comes to resolution types. A recent Supreme Court case in QLD has highlighted the consequences of a seemingly minor misstep in resolution wording. What happens when a motion receives the required votes for a special resolution but is described differently in official documents? This case explores the fine line between procedural irregularities and legal validity, offering a lesson in why attention to detail is more than just a formality.

In Body Corporate for Oceana on Broadbeach CTS 24163 v 21 Broadbeach Blvd Pty Ltd, the Supreme Court was asked whether a motion at a body corporate general meeting that was described in the meeting notice and minutes as an ordinary resolution but passed with sufficient votes for a special resolution, could be considered as being passed by special resolution.

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SELF-RESOLUTION — WORKING THROUGH ISSUES TOGETHER

Many people expect governing bodies to enforce compliance when disputes arise in community titles schemes. However, the Body Corporate and Community Management Act 1997 (Qld) emphasises self-management, balancing individual rights with shared responsibilities on the assumption residents should have the capacity to resolve many issues themselves before seeking formal intervention.

Self-resolution is the foundation of effective dispute management in community living. While formal processes like conciliation are available, proactive and thoughtful engagement often resolves issues more efficiently.

Even when formal intervention is necessary, strong self-management and collaboration skills can make the process smoother and more successful…

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COMMON STICKING POINTS AND HOW TO ADDRESS THEM

Body corporate communities often face challenges that can slow progress or lead to disputes. These “sticking points” arise when people struggle to agree on decisions or resolve issues. Understanding these can help prevent conflicts from escalating and foster smoother resolutions…

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KEEPING TRACK OF STRATA LAWS IS A JOB FOR THE SPECIALISTS

Given the scale of the strata community across Queensland – verging on 600,000 strata lots – you would like to think that strata laws, and keeping on the right side of them, would be as simple as possible.

But that’s not always the reality.

The difficulty for people trying to weave their way through strata laws is that there are plenty of rules that work 95% of the time, but there’s an exception for niche circumstances. It’s complicated for us too, and we live and breathe it on a daily basis.

In our latest 2.5-minute video and accompanying article, we highlight some of the exceptions to rules in strata law, and what they mean for you…

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OPTIONS IN CARETAKING AND LETTING AGREEMENTS—CAN THE AGREEMENTS BE ENDED?

Most committees are surprised to learn that renewal options in caretaking and letting agreements aren’t just a formality—they can be used to end an agreement. While it might seem like the caretaker or letting agent simply has a right to extend the agreement, it’s often not that simple.

There are conditions that need to be met, and if they’re not, the committee may have more control than expected. Understanding how options work is key when renewal time comes around.

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A LANDMARK SHIFT – BODIES CORPORATE MAY SUE FOR PUBLIC NUISANCE

On 23 March 2026, a significant development occurred in Queensland with the adjudication of Palmhurst [2026] QBCCMCmr 88. For the first time, an adjudicator recognised that sustained antisocial behaviour within a community titles scheme could amount to public nuisance, thereby enabling a body corporate to take action on behalf of multiple affected residents.

This decision marks an important evolution in the interpretation and application of section 167(1)(a) of the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act), expanding its reach beyond traditional private nuisance disputes…

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FINAL ACCC INSURANCE MONITORING REPORT SIGNALS POSITIVE IMPACT FOR QUEENSLAND STRATA 

The Australian Competition and Consumer Commission (ACCC) has released its fifth and final monitoring report on the Cyclone Reinsurance Pool, concluding its formal role in monitoring the scheme’s impact.

The Australian Government established the cyclone reinsurance pool in 2022 to reduce the cost of reinsurance for cyclone risk and help make insurance more affordable for households and some small businesses in areas at higher risk of cyclones. The pool, which is administered by the Australian Reinsurance Pool Corporation, provides reinsurance for cyclone and cyclone-related flood risks covered under home, contents, strata and small business insurance (for sums insured up to $5 million) across Australia…

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COMMITTEE MEMBER REIMBURSEMENT PART 2

Our prior article detailed the limitations on what bodies corporate can use their funds for expenditure on – due to bodies corporate being creatures of statute.

That article introduced the issue of committee members seeking reimbursement from the body corporate for gifts that they may have decided to give at Christmas time. Unsurprisingly, the legislation does not contemplate bodies corporate giving gifts – so any reimbursement to committee members on that basis would be unlawful.

But even if gift-giving was allowed under the legislation, there is a prescribed process that must be followed when any payments are made to committee members. Consistent with the theme of these articles – this is the process set out in the legislation.

The committee is given the power to make decisions on behalf of the body corporate except for decisions that are a restricted issue. One category of restricted issues includes…

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