Recent Changes to Body Corporate Legislation in Queensland

IMPORTANT CHANGES TO BODY CORPORATE LEGISLATION

On the 14^th November 2023, the Queensland Government passed the Body Corporate and Community Management and Other Legislation Amendment Bill 2023.

The Queensland Government has now confirmed that the aforementioned Amendment Bill will commence on the 1^st May 2024.

The key changes to the BCCM legislation, aimed to improve several aspects of community living, are:

1. Scheme Termination – 

The inclusion of an additional method of terminating a community title scheme, wherein a Body Corporate is now able to initiate a termination of a scheme with a 75% majority vote of Owners.

2.  By-Laws and Governance –

• Towing

The Bill includes an amendment to the BCCM Act allowing the Body Corporate to tow an Owners or Occupiers vehicle if it is parked in contravention of the by-laws without commencing the by-law enforcement process as long as the Body Corporate is relying on other law to legally tow.

• Nuisance – Smoking

The Bill includes an amendment to Section 167 of the BCCM Act, noting that an Occupier of a Lot are in contravention of Section 167 if they or their invitees use the Lot or Common Property to regularly use a smoking produce and expose other occupiers or their invitees are regularly exposed to the smoke.

• By Laws – Smoking

The Bill included an amendment to the BCCM Act which permits the Body Corporate to enforce a by-law which prohibits smoking in outdoor areas whether it be on the Lot or Common Property.

• By Laws – Pets

The Bill includes an amendment to the BCCM Act which acknowledges the importance of a pet friendly scheme, noting that the Body Corporate cannot have a by law that prohibits animals in the scheme, or restricts the number, size or type of animals kept within the lot.

• By Laws – Layered Arrangements 

The Bill included an amendment to the BCCM Act which gives authority to the Principal Body Corporate to enforce their by-laws directly against a subsidiary Occupier.

For more information on the Body Corporate and Community Management and Other Legislation Amendment Bill 2023, click on the link below:

https://www.legislation.qld.gov.au/view/html/bill.third/bill-2022-054