7 September 2023
September 2023 – Strata Regulatory Watch
In this edition we cover: NSW: Final version of the Fire Safety Schedule NSW : Update on strata management legislation Press release : Welcome to Gerard Doyle, our new NSW…
Article by Ashwin Devanathan, Solicitor (Brisbane)
On the 2nd of October 2020, the Queensland Government passed the Justice Legislation (COVID-19 Emergency Response – Community Titles Schemes and Other Matters) Regulation 2020 (“Regulation”). The Regulation was made under sections 8, 9 and 13 of the COVID-19 Emergency Response Act 2020 in the broader context of the public health emergency declared on 29 January 2020 by the Minister for Health and Minister for Ambulance Services under section 319 of the Public Health Act 2005.
The Explanatory Note states that the Queensland Government’s policy objectives of the Regulation are to:
The key feature of the Regulation is that it enables committees for bodies corporate to modify the way in which general and committee meetings of a body corporate (meeting) are held.
Specifically, if a committee for a body corporate reasonably believes that a public health direction would be a contravened if:
the requirement or entitlement is suspended to the extent that is reasonably necessary to ensure the meeting is held in a way that does not contravene the public health direction.
The committee must modify the way the meeting is to be held. Potential options include:
Committees for bodies corporate may make arrangements to enable eligible attendees to attend the meeting remotely but in doing so, must take all reasonable steps to enable remote attendance for each person entitled to attend the meeting.
Similarly, the committee is able to make arrangements to allow a person who is entitled to vote at the meeting to cast an electronic vote, but in doing so, the committee must take all reasonable steps to ensure that this arrangement can be used by each eligible voter.
If a body corporate law requires a person to:
and the person required to do the thing and another person attending the meeting are not physically present in the same place, the person is taken to have complied with the requirement if they have taken reasonable steps to comply with the requirement in another way. (This requirement may also be satisfied if another person or the committee takes the reasonable steps).
Examples of reasonable steps in this scenario include:
If the committee elects to hold a body corporate or committee meeting in a modified way, the committee must give notice about the modified way to each person entitled to be given notice of the meeting.
The Regulation also waives the requirement for bodies corporate to make records and for the commissioner to make applications and submissions physically available for inspection by interested persons.
The Regulation generally applies to meetings held between 19 March 2020 and 31 December 2020. However, the following transitional provisions of the Regulation apply to meetings held between 19 March 2020 and 2 October 2020 (the date of notification of the Regulation):
In light of these provisions of the Regulation, it is imperative that committees for bodies corporate and body corporate managers are fully aware of these changes to meeting requirements.
Please do not hesitate to contact Bugden Allen Lawyers if
you would like further information on the Regulation.
 Explanatory Note.
 Section 6(1)(a) Regulation.
 Section 6(1)(b) Regulation.
 Section 6(2)(a) Regulation.
 Section 6(2)(b) Regulation.
 Section 7 Regulation.
 Section 8(2) Regulation.
 Section 9(2) Regulation.
 Sections 11 and 12 Regulation.
 Section 5(1)(a) Regulation.
 Section 15 Regulation.
 Sections 6(2)(b), 6(4), 7(3), 8(3), 8(4) and 10(3) Regulation.
 Section 16(2) Regulation.
 Section 16(3) Regulation.