In response to QUT’s Commercial and Property Law Research Centre’s review of Queensland’s current property laws, the QLD Government has introduced new regulations under the Body Corporate and Community Management Act 1997 (Qld).
The changes came into effect on 1 March 2021 with the aim of modernising procedures and reducing costs for body corporates while enhancing protection for unit owners.
In terms of modernising procedures, the new regulations support electronic communication between body corporates and unit owners. Time limits have also been imposed and reduced to promote efficiency.
Body corporates are now required to update the roll within 14 days of receiving new information and any charges relating to a lot must be given to the committee via written notice within 1 month of the change, rather than 2.
The most significant change relates to submissions for consideration of motions. Under the new regulations, committees are required to decide on motions within 6 weeks of their submission. However, if the motion has previously been submitted, there is no requirement to decide on the motion within a 12-month period.
Further changes include:
- A notice of breach must be issued to remove a member for a breach of a code of conduct.
- Additional documents must now be supplied at the body corporate’s first general meeting, including development approvals and fire and evacuation plans.
- A defect assessment motion must be discussed at the second general meeting.
- A member of the committee is not entitled to vote at a meeting if they owe a body corporate debt.
- Motions submitted on the same issue can now be considered as one motion.
If you need any further information on the changes or need advice on any of the above issues, please contact Rouse Lawyers on (07) 3667 9697 to speak to Mahoney Smith, Special Counsel.