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…
This update was provided by the Legal Affairs and Safety Committee, of the Queensland Parliamentary Service on 25th August 2023. We thank them for the opportunity of sharing this.
On 24 August 2023 the Hon Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 into the Queensland Parliament.
The Bill was referred to the Legal Affairs and Safety Committee for consideration. The committee is required to report to the Parliament by 6 October 2023.
About the Bill
The proposed changes include:
Objective of the Bill
The Body Corporate and Community Management Act 1997 (BCCM Act) provides for the establishment, administration, and termination of community titles schemes. The BCCM Act sets out the legislative framework for community titles schemes, addressing a wide range of matters including governance and decision-making structures, meeting requirements, financial and property management, insurance, and by-laws.
The Land Sales Act 1984 (Land Sales Act) regulates contracts for what are commonly known as ‘off the plan’ sales of land in Queensland (more technically, the sale of proposed lots). Provisions dealing with ‘off the plan’ sales of apartments and other lots proposed to be included in community titles-style developments in Queensland are contained in the BCCM Act, the Building Units and Group Titles Act 1980 (BUGT Act),and the South Bank Corporation Act 1989 (South Bank Act).
The policy objectives of the Bill are to:
From August 2013 to January 2018, the Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) undertook a broad- ranging, independent review of Queensland’s property laws (Property Law Review) for the Government. Among other things, the review considered aspects of the BCCM Act and related legislation, including scheme termination, by-laws, and procedural issues.
Relevant recommendations of the Property Law Review were considered by the Community Titles Legislation Working Group (CTL Working Group), which is comprised of key stakeholders from the community titles sector. This consideration has informed the amendments being pursued under policy objectives 1 and 3 above. While views of the CTL Working Group have also informed policy objective 2, alternative insurance arrangements were not within the scope of the Property Law Review. Policy objectives 4 and 5 concern property law matters that are not limited to the community titles sector and were not part of the Property Law Review or the CTL Working Group’s terms of reference.
The committee will hold a public briefing on Monday, 11 September 2023. Details will be posted on the committee’s web page.
The Minister’s explanatory speech for the Bill can be accessed here.