Changes to the Body Corporate and Community Management Act (BCCM Act) relating to towing, pets, smoking and termination of community title schemes have many Queenslanders talking.
The changes were passed by Parliament late last year and commenced on 1 May 2024.
They updated the laws governing how bodies corporate are required to operate and follow a study of property laws conducted by Queensland University of Technology (QUT).
A Community Titles Legislation Working Group was formed to frame changes to the BCCM Act based on QUTs recommendations.
In this article we look at the key amendments.
Termination of community titles schemes
Since the October 2022 Housing Summit, the Queensland Government has been working on amendments to the BCCM Act to make it easier to sell and redevelop ageing or rundown schemes in Queensland, while also protecting the rights of lot owners.
Prior to the amendments, a body corporate could only be terminated:
- by court order, or
- by a resolution without dissent.
The amendments now allow for a basic community titles schemes (schemes that are not within a layered arrangement) to agree that there are economic reasons to terminate the scheme.
To protect the interest of lot owners, there are multiple steps the body corporate must take to ensure the decision is a viable solution, including the completion of expert reports, plans and the holding of several general meetings.
Finally, if the scheme agrees, by majority resolution, that there are economic reasons to terminate, the body corporate will be able to consider a termination resolution. A termination resolution requires the support of 75 percent of all lot owners to be successful.
Some people have expressed concerns about developers buying a majority of the lots and controlling decisions about maintenance leading to the purposeful deterioration of schemes. If an owner finds themselves in this situation, where a motion for a body corporate to undertake maintenance to fulfil the legal obligations under the Act fails, a dispute application can be lodged with our office.
Smoking
Amendments to the Act in relation to smoking align with the Queensland Government’s smoking laws, that seek to improve health by reducing exposure to smoking products. Smoke drift within community titles schemes has been a long-standing contentious issue.
With the commencement of the amendments, bodies corporate can make and enforce by-laws prohibiting or restricting smoking on common property or in outdoor areas such as balconies and exclusive use courtyard areas.
Section 167 of the Act, which provides for nuisances within a body corporate, will also receive an update to include that an occupier who regularly exposes a person in another unit, or on common property, to second-hand smoke may be a nuisance, hazard or an unreasonable interference.
Pets
In relation to pets, amendments prevent bodies corporate from creating by-laws that prohibit the keeping or bringing of an animal on to the lot or common property.
The by-laws must not restrict the size, type or number of pets allowed.
A body corporate may still include a by-law that an occupier is required to seek approval before bringing an animal onto scheme land and apply reasonable conditions to any approvals.
The amendments also provide a clear list of the limited reasons why a body corporate can refuse a request to keep an animal.
To complement the amendments to the BCCM Act, amendments have also been made to the regulations in relation to pet approvals. A committee must make a decision about a request for an animal within 21 days of receiving the request. If the person making the request does not receive a response from the committee within 21 days the animal is deemed to have been approved. More information about animal bylaws can be found on our website.
Towing
With the number of cars per household on the rise and limited spots available within schemes, incorrect parking has become a highly contentious and controversial matter.
Reports of cars being parked incorrectly in visitors’ spots, in front of emergency exits or obstructing common property are becoming more prevalent.
The amendments provide that a body corporate no longer needs to follow the by-law enforcement process if an occupier is parked in contravention of the scheme’s by-laws.
It has also clarified that there is nothing within the Body Corporate and Community Management Act that prevents a body corporate from towing a motor vehicle from common property.
However, it should be noted that bodies corporates may wish to seek appropriate legal advice to understand what other laws may apply before removing vehicles within their scheme.
The Queensland Government will continue working with the Community Titles Legislation Working Group to consider further reforms to the BCCM Act in the future, such as management rights, bullying, and harassment.
This article is a summary of some of the amendments to the Body Corporate and Community Management Act 1997. Please see our website for informative webpages, factsheets and other resources in relation to how the amendments may affect you.
This article is general information only and not a substitute for legal advice.
