Legislation Updates

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.

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…

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…

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…

SMOKE ALARM DEADLINE APPROACHING – WHAT COMMITTEES AND OWNERS NEED TO KNOW

With Queensland’s final smoke alarm compliance deadline now less than a year away, many lot owners and committees are starting to ask what action needs to be taken before 1 January 2027.

While smoke alarm compliance is often viewed as an individual owner’s responsibility, responsibility within community titles schemes is not always straightforward. For many bodies corporate, particularly older schemes, now is an ideal time to start raising awareness and ensuring owners understand their obligations before the deadline arrives…

COMMISSIONERS OFFICE – NEW TRAINING AND GUIDE

I am pleased to advise that the office has created a new online training module, along with a new guide to living in a body corporate. This training module is designed to help participants better understand body corporate living and the rights and responsibilities that may arise throughout the property lifecycle. For anyone already registered…

BUILDING DEFECTS: CAN A BODY CORPORATE BRING A CLASS ACTION ON BEHALF OF LOT OWNERS?

When building defects emerge in a strata scheme, many lot owners assume they are left to navigate costly legal action alone. But what if multiple owners are affected by the same issue?

A recent Supreme Court decision has sparked important discussion around whether bodies corporate can bring class actions on behalf of lot owners for defective building work.

In some cases, just seven affected owners may be enough to get the process started. Understanding your rights early is critical, especially where strict time limits apply.

This article explores what the decision means for bodies corporate and lot owners, and when a class action may become a practical pathway forward…

THE IMPORTANCE OF PROCEDURE

There are many articles and information sheets on who is responsible for certain maintenance works. But many disputes arise over how a body corporate has attempted to approve maintenance being carried out which it accepts it is responsible for. In this article, we explore procedural errors that can arise despite a body corporate having the best of intentions to carry out the required work.

Like anything to do with bodies corporate, especially those in Queensland, there is a process and procedure to follow, and decisions must be made prior to any action being taken. When faced with large, expensive and complex works contracts, often the devil is in the detail – and that detail can easily be missed, particularly when there is pressure for works to be carried out urgently.

I will not go into chapter and verse of the process and resolution types required to approve certain maintenance and repair works. Instead, I wish to stress the importance of getting the process and procedure for approving works right. That importance is illustrated by a case study of Oceana on Broadbeach. While not a decision regarding maintenance works, this case study demonstrates how non-compliance with minor technicalities can be disruptive and detrimental to a body corporate’s position…

10 REASONS WHY A COMMITTEE MEMBER SHOULD NOT PROJECT-MANAGE MAJOR WORKS

On a recent visit to Japan, I made an appointment to see an acclaimed acupuncturist, recommended to me by my GP as a true “healer”. As I laid eagerly on the treatment table trying to make sense of the conversation between my new saviour and his Japanese patient in the next room, I imagined what this master of healing might look like.

Stereotypical images of Mr Miyagi disappeared as the privacy curtain swept open and standing before me was a short, bilingual Englishman with piercing blue eyes and wry smile. He laid his hands on my belly, looked through my eyes and into my soul and said, with an air of casual omniscience, “you can’t delegate – you have to do everything yourself”. It was surreal and humbling having this gaijin guru sum me up so accurately simply by laying his hands on me.

If, like me, you are compelled to carry the weight of the world on your shoulders and struggle to trust anyone else to do your work with the same level of skill, dedication and enthusiasm, read on…

6TH GUEST SPEAKER ANNOUNCED: ANDREW SUTTIE – AIRLIE BEACH NEXT WEEK!

Strata legislation doesn’t stand still and neither do the responsibilities that come with it.

With the Airlie Beach seminar taking place next week, we’re pleased to introduce our sixth guest speaker for the upcoming Smart Strata Community Education Seminar Series — Andrew Suttie, Director at Stratify Legal, who will be joining the panel to explore major strata maintenance projects and how changing legal frameworks are shaping the way they are planned and delivered…