The changes impact:
- terminating schemes
- smoking
- animal by-laws and approvals
- towing vehicles
- alternative insurance arrangements
- by-law enforcement and access to records of community titles schemes in layered arrangements
- code of conduct for body corporate managers and caretaking service contractors
- administrative processes.
Terminating schemes
A basic community titles scheme can now be terminated:
- by agreement
- by court order
or
Basic community titles schemes (i.e. schemes that are not in a layered arrangement) can be terminated if:
- the body corporate has agreed there are economic reasons for termination
- the economic reasons are backed up by evidence (in the form of a pre-termination report)
- 75% or more of lot owners support the termination.
Learn more about terminating a basic community titles scheme.
Smoking
Bodies corporate can now make by-laws that prohibit or restrict smoking (including vape devices) on common property or an outdoor area such as a balcony. Read about making smoking by-laws.
The amendments include that regularly exposing a person in another unit or on common property to second-hand smoke may be:
or
- an unreasonable interference that should not be occurring.
Animals
Bodies corporate are now prevented from making by-laws banning pets in community titles schemes.
The amendments will also limit the reasons a body corporate can refuse a request to keep an animal within a scheme.
The Body Corporate and Community Management Regulations were also amended to support pet ownership, in line with the Act. Bodies corporate now have 21 days to respond to a request for keeping an animal, otherwise the pet is seen as approved.
Learn more about animal by-laws and disputes about animals in a body corporate.
Towing vehicles
Previously, the body corporate had to seek an adjudicator’s order to be allowed to tow an owner or occupier’s vehicle from the common property.
The amendments clarify and enhance the ability for bodies corporate to tow vehicles. The body corporate is no longer required to follow the usual dispute resolution process under the body corporate legislation to tow a vehicle.
However, the body corporate should carefully consider its legal obligations under other towing laws administered by the Department of Transport and Main Roads.
Alternative insurance
The Commissioner for Body Corporate and Community Management (the Commissioner) previously had to approve alternative insurance if a body corporate could not insure particular buildings for the full replacement value (e.g. because the insurance is not available).
The amendments now allow an adjudicator to approve alternative insurance arrangements, in place of the Commissioner.
The amendments also allow for schemes registered under a standard format plan of subdivision to apply for alternative insurance if the required insurance can’t be found. Previously, only schemes registered under a building format plan of subdivision could apply for alternative insurance.
Further, buildings on lots in a community titles scheme can now make an application for alternative insurance if:
- the scheme is created under a standard format plan of subdivision
and
- the building has a common wall with a building on an adjoining lot.
For more information, see practice direction 28.
Layered arrangement by-laws and records
By-law enforcement and access to records within layered arrangements of community titles schemes have been enhanced.
Community titles schemes may sometimes be in a layered arrangement if they are in large, complex, or staged developments.
A layered arrangement includes a principal community titles scheme, which is made up of:
- its own common property
- the scheme land for all other community titles schemes in the group
and
- any other lot included in the scheme, if it is not a community titles scheme.
Other community titles schemes within this grouping are called subsidiary schemes.
Enforcing by-laws in layered arrangements is now possible in some cases against:
- a body corporate
- an owner or occupier of a lot
- another scheme in a layered arrangement.
Learn more about disputes in a layered scheme.
To support this change, there are also amendments to improve access to records for schemes in layered arrangements.
Code of conduct
The code of conduct that applies to body corporate managers and caretaking service contractors has been amended. It now includes that they must not unfairly influence, or attempt to unfairly influence, the outcome of a motion to be decided by the body corporate.
See schedule 2 of the Act or learn more about body corporate managers and service contractors.
Administrative changes
There have been various other changes to clarify and streamline body corporate administrative and procedural matters.
Other amendments include:
- bodies corporate are no longer required to have a seal
- it is now clearer whether certain electronic records may be kept by a body corporate and what is classified as a body corporate record
- the body corporate and the person requesting access to body corporate records can now agree to use modern technology (such as an online file sharing website) to inspect or obtain body corporate records
- bodies corporate must now give documents or other information it must give—in the way specified under the regulation module that applies to the scheme—to
- a lot owner
- another person whose address for service must be given to the body corporate
- bodies corporate must now advise Titles Queensland of a change in its address for service within a specific timeframe
- bodies corporate can now only approve changes to their financial year at a general meeting once every five years, and the change no longer requires an adjudicator’s declaratory order
- the requirements for counting votes for a motion to be considered by special resolution are now clearer.
