This article is from the Australian Property Journal archive
CHANGES to a number of contentious body corporate matters previously placed in the too-hard-basket have brought Queensland apartment living into line with modern community expectations, according to the REIQ.
The REIQ is commending the changes passed by the state government this week as part of The Body Corporate and Community Management and Other Legislation Amendment Act 2023.
The key changes under the new Act include
- Allowing body corporates to make by-laws to prohibit smoking, including vaping, in outdoor areas and communal areas of strata communities,
- Prevent body corporates from making by-laws with blanket pet bans in community title schemes, and introduce a mechanism for pet approvals,
- Clarify and enhance the ability for body corporates to tow vehicles from common property in a timely manner, and
- Reduce consensus for scheme termination from unanimous to 75% of lot owners in limited circumstances.
REIQ CEO Antonia Mercorella said the reforms would help modernise apartment and unit living.
“As our population grows, living in apartments and units is becoming more common place, and it’s important to ensure our laws keep pace with changing community standards and expectations, and are balanced so that this lifestyle remains attractive in our state.”
She said the most controversial change was to allow the termination of a community titles scheme for economic reasons, after providing a termination plan and following a prescribed timeframe, with 75% of lot owners voting for the motion.
The reform, which was raised at the Housing Summit, is limited to specific circumstances with ageing or rundown buildings that will become unviable within five years.
“From our perspective, it was particularly important to see adequate consumer protection measures included for vulnerable people, such as options for recourse, and compensation for lot owners as well as for parties with contractual interests in the scheme,” Mercorella said.
She said legislative reform to prevent body corporates from banning pets, except in specific circumstances, had been another controversial topic in body corporate schemes.
“Historically it’s not uncommon to see body corporate bylaws with a blanket pet prohibition that says ‘no pets allowed’, and time and time again we have seen those bans being overturned,” Mercorella said.
“We know pets are an extension of our families in many cases and the mental health benefits of having pets has been widely reported, so this reform will come as welcome news to many.
However, she said it is the REIQ’s view that there’s a missed opportunity to align this legislation to the Residential Tenancies and Rooming Accommodation Act regarding the timeframe for a decision in relation to a pet request.
In relation to allowing body corporates to tow motor vehicles if parked in contravention of a by-law, the REIQ’s view is that stakeholders should be educated about what signage should be erected and what information should be provided to lot owners about parking and towing by-laws, liability for the cost of same and particularly, with respect to third party guests.
In addition, changes have also been made to the Land Sales Act 1984 impacting the operation of sunset clauses in off-the-plan land sale contracts to limit when property developers can invoke sunset clauses in contracts for the sale of land to specific situations, including requiring buyer’s consent.
“It is our view that the proposed provisions, albeit offering strong consumer protection, may lack consideration for the commercial challenges faced by developers in providing housing,” Mercorella said.
