New Body Corporate Laws

Contributed by Todd Garsden, Partner, Mahoneys – 30 September 2020

New Body Corporate Laws

The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and will commence on 1 March 2021.

The key changes from the 2008 modules include:

• More flexible quorum arrangements (where the body corporate can choose to reduce the 25% minimum voters to 10%);
• Facilitating electronic voting (which is to match the software programs that have been developed);
• Committee member’s rights to vote at a committee meeting being suspended if they owe a body corporate debt;
• An obligation on the body corporate to consider a defect assessment motion at its second annual general meeting;
• Rights of an owner to submit a motion to be considered by the committee (where this must be considered within 6 weeks and there are limits on the number of motions an owner can submit); and
• A 21 day deadline for VOCs to be considered by the committee.

Of equal importance, it appears as though there a number of proposed changes that were not made including:

• the introduction of a facilities management plan; and
• requiring committees to formally approve general meeting agendas.

Todd Garsden is appointed to the Strata Community Association (Qld) Legislation Committee who made submissions to the Government and helped shape the proposed regulation modules.

If you have any queries on the new regulation modules, please contact Todd Garsden.

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