The Real Estate Institute of Queensland (REIQ) has given the thumbs up to changes to body corporate matters that had previously considered too hard to deal with. Now they’re more in line with people’s expectations.
The Queensland Government passed the Body Corporate and Community Management and Other Legislation Amendment Act 2023 recently, replacing several previous Acts.
In summary, the body corporate changes will:
l Allow body corporates to make by-laws to prohibit smoking (including vapes) in outdoor areas and communal areas of strata communities,
l Prevent body corporates from making by-laws with blanket pet bans in community title schemes, and introduce a mechanism for pet approvals,
l Clarify and enhance the ability for body corporates to tow vehicles from common property in a timely manner, and
l Reduce consensus for scheme termination from unanimous to 75% of lot owners in limited circumstances.
REIQ CEO Antonia Mercorella said the reforms would help modernise apartment and unit living.
“The REIQ certainly supports the viewpoint that quiet enjoyment of people’s homes is a right that should be upheld and not restricted as much as possible,” Ms Mercorella said.
“However, we recognise that due to the nature of sharing a title and being in close quarters, there needs to be laws that govern communities with clarity and necessary protections to keep everyone within them safe.
“As our population grows, living in apartments and units is becoming more common place, and it’s important to ensure our laws keep pace with changing community standards and expectations, and are balanced so that this lifestyle remains attractive in our state.”
Ms Mercorella said the ability for body corporates to self-regulate and potentially prohibit smoking in outdoor areas such as balconies, courtyards, patios and verandas had attracted a high level of debate.
“When moving into a unit or apartment complex, people generally go in eyes-wide-open and understand that there are certain limits that apply to common use areas,” she said.
“However, many of us agree that ‘my home is my castle’ and that you should be able to live the life you want to live when you’re in the boundaries of your own home.
“Of course, the challenge comes with the fact that when you live in an apartment or a unit, your activity can also have an impact on others who live very close by – which is the case with smoke drift and second-hand smoke risk.”
She said legislative reform to prevent body corporates from banning pets, except in specific circumstances, had been another controversial topic in body corporate schemes.
“Historically it’s not uncommon to see body corporate bylaws with a blanket pet prohibition that says ‘no pets allowed’, and time and time again we have seen those bans being overturned,” Ms Mercorella said.
We know pets are an extension of our families in many cases and the mental health benefits of having pets has been widely reported, so this reform will come as welcome news to many.
“However, it’s the REIQ’s view that there’s a missed opportunity to align this legislation to the Residential Tenancies and Rooming Accommodation Act regarding the timeframe for a decision in relation to a pet request.”
