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. What does that mean? 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. For the ultimate overview of what this means, when the laws will come into effect and what you need to do now, watch this quick video from Chris Irons. To get the full details of all of the changes, watch the previously recorded longer video featuring Chris with Frank Higginson from Hynes Legal.
↓ ULTIMATE OVERVIEW ↓
QLD Body corporate changes in ↓ FULL DETAIL ↓
LookUpStrata held a special webinar session back 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: [email protected]
P: 07 3193 0500
Chris Irons
Strata Solve
E: [email protected]
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
- QLD: Strata Reform is About People, not Buildings
Visit our Strata Law Reform, Strata By-Laws and Legislation OR Strata Legislation QLD
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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 provided this response to your comment:
Queensland’s strata legislation does not define what a ‘visitor’ is, including the length of time they would need to stay to qualify as a visitor. It varies from case to case and adjudicators have in the past been asked to consider different circumstances to determine who might be a visitor and who may be an ‘occupier’. That distinction is important because while a by-law can be enforced against an occupier, it might not be the same in relation to a visitor.
In your case, while someone might be parking for 5 nights, is that 5 nights per week, per month or per year? Is it happening all the time or was it a one-off? Is she staying overnight, or a couple of hours at a time? These are the factors that would need to be considered.
You’d also need to consider what your by-laws provide for and what development approval might be in place from Council in relation to visitor parking.
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.