This article is about the commencement of the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 in Queensland. The information has been supplied by the Commissioner for Body Corporate and Community Management.
History
The Bill was introduced into the Queensland Parliament on 24 August 2023, and subsequently received Royal Assent on 14 November 2023. There are several noteworthy changes that will reshape the operations of bodies corporate across Queensland.
The Governor-in-Council met on the 21 March 2024 to consider the proclamation of the Bill. This proclamation fixed the commencement for the provisions outlined within the Bill for 01 May 2024.
Amendments
On the 1 May 2024, reforms to the BCCM Act will commence to:
- allow for termination of uneconomic community titles schemes at a reduced level of agreement in particular circumstances (75% of owners)
- allow an adjudicator to approve for a body corporate to put in place alternative insurance arrangements when it cannot comply with the required level of insurance for particular buildings
- strengthen protections for residents in community titles schemes against second-hand smoke, by providing that a body corporate can make by-laws that prohibit or restrict smoking on common property or an outdoor area and clarifying smoking as a nuisance, hazard or unreasonable interference
- clarify that body corporate by-laws cannot prohibit the keeping of animals on a lot or common property or restrict the number, type or size of an animal that may be kept by an occupier, and a body corporate must not unreasonably withhold approval to keep an animal
- enhance by-law enforcement in layered arrangements of community titles schemes and improve access to records in layered arrangements of community titles schemes; and
- clarify and streamline administrative and procedural requirements, improve transparency and accountability in body corporate governance, and ensure the body corporate is provided with documents necessary to perform its functions.
It is important to stay informed and prepare for these changes. To ensure you receive timely updates, we recommend subscribing to our mailing list.
Updated resources relating to the amendments will be available on our website from 1 May 2024.
Links
The Bill can be found at: Body Corporate and Community Management and Other Legislation Amendment Act 2023.
The proclamation can be found at: Proclamation—Body Corporate and Community Management and Other Legislation Amendment Act 2023
The Explanatory Notes for the proclamation are also available at: Proclamation—Body Corporate and Community Management and Other Legislation Amendment Act 2023 Explanatory Notes.
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: Ask a body corporate question
Information Service Freecall 1800 060 119
Commissioner for Body Corporate and Community Management
This post appears in Strata News #687.
Have a question or something to add to the article? Leave a comment below.
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My question concerns the roles and responsibilities of building managers under new laws relating to towing vehicles from complexes for bylaw breaches.
Typically, caretaker agreements define duties like:
“a) Monitoring owners’ and occupants’ compliance with body corporate bylaws
b) Maintaining and supervising car parking arrangements on common property.”
Who is actually responsible for identifying the owner of a vehicle suspected of breaching parking bylaws? As the driver could be an outsider, visitor, owner, or resident (long or short-term), is this the building manager’s duty or should the committee handle it?
If the committee instructs the caretaker to identify ownership but this is not specified in their agreement, could the caretaker refuse since the agreement only mentions monitoring and supervising, not investigating ownership? The committee may need to conduct this step themselves.
Similarly, if contacting towing companies is beyond the agreement’s scope of “maintaining parking arrangements”, could the caretaker refuse an instruction from the committee to call for a tow? Clarification of roles and responsibilities regarding these new laws is important.
What is the correct standing from the building manager’s perspective regarding their roles and responsibilities under the new laws?