This article is about the announcement made by the Queensland Government on 16 February 2023 about upcoming proposed changes to the Qld body corporate legislation. The new laws passed Queensland Parliament on 14 November 2023. The changes begin on 1 May 2024. Are you ready? What do you and your committee need to know? Find out in this short video by Chris Irons from Strata Solve.
The Queensland Cabinet and Ministerial Directory published a Media Statement on 24 Aug stating “Attorney-General introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (the Bill) into the Queensland Parliament today.” On the 14 November an announcement was released to say the new body corporate laws had passed in Queensland Parliament.
On 26 April Body Corporate and Community Management sent out an email alert about the 1 May commencement. The email included a few additional changes, mainly concerned with pet approval times. Make syure you ae aware of what’s changing here. Chris Irons provides us with out outline of the new announcement, plus a quick summary of what else is changing. For a refresher of the full details, watch the previously recorded longer video featuring Chris with Frank Higginson from Hynes Legal.
↓ ULTIMATE OVERVIEW INCLUDING LAST MINUTES CHANGES (PET APPROVAL TIMELINES)↓
QLD Body corporate changes in ↓ FULL DETAIL ↓
LookUpStrata held a special webinar session in August 2023 with Frank Higginson from Hynes Legal and Chris Irons from Strata Solve to cover all the new QLD strata laws in detail. You can watch the engaging conversation below.
There were big announcements in Queensland on 16 February 2023 about major structural reforms to body corporate legislation.
The update represent some of the most significant changes to Queensland’s body corporate legislation in decades. Of course, we are talking about prohibiting smoking in outdoor areas such as balconies, the ability to tow, pet ownership and scheme termination. Those are some of the headliners, but there are also changes to:
- alternative insurance,
- enhancing strata managers’ and caretaker’s code of conduct and
- streamlining body corporate administrative and procedural matters.
So, what happens now? Where are we at with the proposed changes and what does it mean for the Bill to be introduced to Parliament?
Here is a little more details about what’s coming:
- scheme termination – with the support of 75 per cent of lot owners, where the body corporate has agreed it is more financially viable for lot owners to terminate rather than maintain or remediate the scheme
- smoking – the ability to prohibit smoking in outdoor and communal areas like balconies to better protect residents from secondhand smoke
- pets – bodies corporate would be prevented from banning pets except in specific circumstances
- towing – allowing bodies corporate to tow vehicles that are preventing access or causing a hazard
- disputes – making it easier for residents to lodge disputes
Chris and Frank talk about expected timeframes, what a second lot of changes may be and what strata managers, lot owners and committee members need to do.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in Strata News #662.
If you have a question or something to add to the article, please leave a comment below.
Disclaimer: The information contained in this article and video is not legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information contained in this post.
Read next:
- QLD: Changes to BUGTA – a reform for lot owners
- QLD: New Rules for Lot Owners Submitting Motions to the Committee
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Hi Chris,
Just wondering whether a by law that asserted that the ‘pet’ must be ‘owned’ by (i.e. Registered to) the lot owner or tenant be deemed ‘unreasonable’ under this amendment?
It seems to me that, provided the animals met all reasonable conditions of behavior and control, such a by law might be considered to ‘unreasonably’ prevent lot owners from hosting family or friends who visited with pets.
Your thoughts appreciated.
Thank you,
Kevin
I agree Kevin. A by-law that specifically excludes visiting pets goes against the “spirit of the new law”. The new pet law deems to make body corporates pet and family friendly. Ie to me that means we have the same rights as any family member who lives in a house in a street with pets. I can visit them with my pet but they can’t visit me with their pets in a body corporate complex. Given family (friends) visits are usually 1-3 hours, or a few days at a time why restrict ppl who have family members with pets from visiting us in body corporates. . It’s separates and degrades different classes of owners. We have a by law that says we have to give the Committee 14 days written notice before a pet can be brought onto the complex.
Hi Kevin and Rose
This post should assist:
Question: A tenant has requested permission to look after a friend’s pet. Are the body corporate committee obligated by legislation to approve requests for a visiting pet?
Hello,
The smoking laws how will this affect vaping and medicinal use of cannabis?
We have responded to your question within this article: QLD: Q&A Smoking and Smoke Drift in Strata
Hi we live in a residential units 6 units new owner has permanently has her unit as air b and b with all its pitfalls !! Have been told we are unable to do anything was hoping the new reform would support permanent rentals and owner occupiers
Hi Anna, yes that is right, the new legislation does not address the situation with AirBnB or other short-term letting. Having said that, remember there are other government agencies that regulate short-term letting, such as local Council. You may want to make enquiries with them to see if they can assist, as many local authorities around the world have been moving to regulate short-term letting.
If an owner’s daughter, who is not an owner or a resident, parks in a Visitor Carpark for 5 days and nights, can she be advised that she has parked long term which is not for Visitors.
What is regarded as an acceptable parking time for a Visitor?
Hi Cassie
This Q&A, and others on the post, may assist:
Question: Would a by-law setting a time limit on visitor parking be valid?
Hi Cassie
Chris Irons from Strata Solve has responded to your comment on this article: QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors!
To Chris Irons
I believe the legislative changes, in particular relating to significant restrictions placed on vote lobbying by Body Corporate Managers, Management Rights holders/Caretakers and their rental agents, are a major step forward, if the breaches can be ‘punishable’. Owner occupiers have been subjected to toxic treatment over decades, when they have attempted to uncover unreasonable tactics of vote stacking and ‘rigging’. Many owners have been subjected to personal experience of abuse, slander, mailicious misinformati9on distributed to other owners by the BC Manager when they have tried to apply the legislation in a fair and just way. This has been to silence their efforts. Like myself, many have sold up to get relief from the abuse. The Body Corporate business in Queensland needed an overhaul and the efforts many of us have made to achieve these legislative changes, is acknowledged in a small part by the Nov 2023. legislation amendments.
Hello. If a block of seven units are owned individually and a developer offer is made to buy the whole block and six owners agree the price is good and one refuses and holds out for say a ridiculous figure, can that owner be forced to sell?
Hi Merv,
I have responded to your question in this article.