In this segment, we discuss and touch upon some of the law reforms our Attorney-General in Qld has announced recently to strata living and body corporate laws. These are proposed laws announced by our Attorney-General, they are not yet in place, and most likely will not be in effect until towards the end of 2023, if approved. As to exactly when remains to be seen. The proposed changes to body corporate laws in Qld include: 1) Allowing for strata schemes to terminate with the support of 75% of lot owners. Currently the law provides that 100% of lot owners support is required. Apparently this law reform is targeted towards "heavily dilapidated and rapidly deteriorating assets". 2) Prohibiting smoking in outdoor areas (e.g. balconies) and communal areas to protect lot owners from second hand smoke. You may remember the Artique case determined by the Commissioner on 21 December 2021: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2021/596.html where it was determined that a lot owner was banned from smoking on the balcony due to the drifting smoke causing a nuisance and a health hazard. There is a high threshold to reach to be able to obtain such an order and these reforms will make it easier I believe to deal with this ongoing issue for strata living. 3) Prevent bodies corporate from banning pets altogether. Often pet by laws contain onerous conditions to allow a pet (height, weight, breed restrictions), which often are unfair and unreasonable. Since Covid having pets has become a pertinent issue for people for their mental health and general health and well being. Being an owner of a very placid, lazy Aussie Bulldog who weights 27 kg, who would never be allowed in strata schemes, I would welcome this change. 4) Bodies corporate to tow vehicles that are preventing access or causing a hazard. A very contentious issue amongst lot owners and bodies corporate as to whether it has the power to tow vehicles, who is liable for the cost of towing and recovery of vehicles. With the law reforms proposed for being able to terminate a scheme based on 75% votes only for old run down buildings, for us this brings into question other issues which are not really being talked about such as: a) quality of the build construction; b) increasing the builder warranty periods; c) raising building standards; d) stronger consumer law protection. Shouldn't we also be discussing these issues in the light of these reforms? The Property Council of Australia certainly agrees with their recent comments on these reforms. I suppose one step at a time for Queensland.
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Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 6th March 2023 | Words : 429 | Views : 111
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