In this blog we explain the new Body Corporate laws coming on 01 May 2024!

This video/blog is great for anyone interested in QLD property. This legal update affects Body Corporate schemes - we discuss new laws for smoking, towing, pets etc - starting 01 May 2024!

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Hi everybody - George Sourris, Empire Legal.

Today's topic: New Body Corporate laws QLD (smoking, towing, pets etc) - starting 01 May 2024!

 On 21 March 2024, the Queensland Government issued a proclamation regarding the Body Corporate Community Management & Other Legislation Act 2023 (BCCMOLA).

Commencing on 01 May 2024, which is less than two weeks away if you're reading this blog at the time of creation. There are 4 new major updates coming that I want to quickly discuss. Special shout out to the REIQ for providing the information for this blog today. 

Number 1 - Termination of Community Title Scheme.  

Where there is less than 100% agreement to terminate a Community Title Scheme (CTS), these new changes introduce a process to facilitate the termination of a scheme, providing specific requirements are met. The basis of the termination has to be for economic reasons.

The new process includes:

• preparing a pre-termination report;
• the body corporate at a general meeting deciding whether there are economic reasons for the termination (passed by a majority resolution); and
• the body corporate also passing a termination plan resolution, which requires body corporate to prepare a termination plan which contains important information for lot owners.

This termination plan must provide for minimum compensation for lot owners as well as compensation for parties with particular contractual interests in the scheme.  

After giving lot owners a copy of the termination plan and following a prescribed timeframe, the body corporate can then hold a general meeting to consider a motion for termination resolution - which will only be passed if 75% or more of the owners vote for the motion. If a lot owner disagrees with the motion, there are consumer protection mechanisms to ensure they can dispute this motion.

This includes making an application to the court, or a specialist adjudicator. 

This, of course, is a high level overview. If you want to know more about the specifics, REIQ has released a fact sheet that dives into the specifics of this new legislation. 

Number 2 - Second Hand Smoke in Community Title Schemes.

Body corporates will be permitted to make by-laws that specifically prohibit or restrict the smoking or inhalation of smoking products on the common property of a scheme and on the outdoor area of a lot. An outdoor area of a lot includes: a balcony, courtyard, patio, and veranda.  

These new laws do not impact a lot owner smoking on the inside area of their lot. Smoking products are defined as per the Tobacco & Other Smoking Products Act (1998), and generally include: tobacco products, cigarettes and vapes.

Number 3 - Keeping or Bringing of Animals on a Lot or Common Property. 

Body corporate by-laws cannot prohibit the keeping of an animal on a scheme or restrict the number, size, or type of animals that may be kept. However, there are now prescribed procedural requirements that the body corporate must comply with if a by-law requires the owner or occupier to obtain body corporate permission to keep an animal.

These requirements include:

• that the body corporate must not reasonably withhold an approval to keep an animal;
• the body corporate must provide a response within a prescribed period as governed by the relevant legislation for the scheme;
• any conditions of approval must be reasonable and appropriate; and
• the body corporate must provide its approval and conditions of the approval in writing. 

• keeping of the animal would pose an unacceptable risk on the health and safety of an owner; 
• keeping the animal would break a law; 
•  the animal is a regulated dog under the Animal Management Cats and Dogs Act (2008);
• keeping the animal would interfere with another lot owner's reasonable use and enjoyment of their land;
• keeping the animal would unreasonably interfere with native fauna that live on or visit the scheme; or 
•  the lot owner does not agree to reasonable conditions proposed by the body corporate for keeping the animal. 

If pet owners are denied by body corporate they can lodge a dispute and proceed to adjudication to fight for approval for their furry friends.

We have had experience with this so please reach out if you need help. 

Number 4 - Towing of Vehicles by Body Corporate. 

With these new updates, nothing in the Body Corporate Community Management Act (BCCMA), prevents a body corporate from towing a motor vehicle from common property of the scheme. 

Keep in mind, everyone, that these new laws will start on the 01 May 2024. 

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See you next week. 

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George Sourris. Empire Legal.

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Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.