A proclamation has now been made for the reforms contained in the Body Corporate and Community Management and Other Legislation Amendment Act 2023 (the Amendment Act).
The proclamation fixes 1 May 2024 for the start of the provisions of the Amendment Act that are not in force. 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.
The reforms to the BCCM Act will start to:
- allow for termination of uneconomic community titles schemes at a reduced level of agreement in particular circumstances (75 per cent 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.
Queensland Law Society appeared before the parliamentary committee to discuss its concerns with the legislation. In its supplementary submission, QLS recommended changes to clarify the proposed process for the termination of an uneconomic community titles scheme, to reduce the risk of challenge.
QLS considered the changes relating to the early release of deposits from trust accounts were inadequate and would not address the uncertainty in the interpretation of the current section. QLS did not support deferring the proposed sunset date reforms for off-the-plan apartment contracts and community title lot contracts and highlighted that the bill would not achieve the consumer protection objects of the legislation. Â
Technical amendments to economic reasons termination reform provisions
The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (the Bill) was introduced into the Queensland Parliament on 21 March 2024.
The Bill includes technical and procedural amendments to some of the Amendment Act’s economic reasons termination reform provisions, associated with the ending of leases.
The amendments will clarify and improve provisions relating to: the ending of leases at appropriate points in the termination process; notification of tenants before the ending of their leases; and scope for facilitator applications to the court to end tenancies or have premises vacated where appropriate.
While the Bill’s amendments are likely to come into effect after the proclamation of the termination provisions in the Amendment Act, there are transitional provisions in the Bill to address this issue for termination processes that are already underway.
Further information can be found in the Bill at: Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024.
The Explanatory Notes and Human Rights Statement of Compatibility for the Bill are also available at:
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