Enhancing Community Living: Queensland’s Body Corporate Reforms

Enhancing Community Living: Queensland’s Body Corporate Reforms

Commencement date for the BCCMA amendments

Exciting developments are on the horizon for residents and property owners within community titles schemes in Queensland. With the proclamation of the Body Corporate and Community Management and Other Legislation Amendment Act 2023 (the Amendment Act), slated to commence on 1 May 2024, significant reforms aim to improve community living in Queensland.

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. 

Here’s a breakdown of what these reforms entail and how they stand to benefit residents:

1. Termination of schemes: One of the most notable changes allows for the termination of uneconomic community title schemes with a reduced level of agreement (75% of owners) under specific circumstances.
2. Alternative insurance arrangements: In instances where a body corporate cannot comply with required insurance levels for certain buildings, the amendment grants adjudicators the authority to approve alternative insurance arrangements. This ensures that properties remain adequately protected even under challenging circumstances.
3. Protection against second-hand smoke: Strengthened protections against second-hand smoke are introduced, enabling bodies corporate to implement by-laws prohibiting or restricting smoking on common property or outdoor areas. This clarification of smoking as a nuisance or hazard underscores the commitment to fostering healthy and harmonious living environments.
4. Animal keeping guidelines: Clarity is provided regarding the keeping of animals on lots or common property, emphasizing that body corporate by-laws cannot unreasonably prohibit or restrict such practices.
5. Enforcement and transparency: Enhanced enforcement mechanisms and improved access to records aim to streamline administrative processes and bolster transparency and accountability within body corporate governance.

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 prior to 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.

*Credit: Strata Community Association Queensland