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Search results for “Changes to the Body Corporate and Community Management Act”

You are browsing the search results for “Changes to the Body Corporate and Community Management Act”

In: Legal

Contributed By: Short Punch & Greatorix on

(By Martin Punch of Short Punch & Greatorix Lawyers) Many court cases involve the interpretation of legislation, which in some cases leaves room for a variety of interpretations.  This has particularly been the case with management rights, which has resulted in expense which can easily be avoided if more thought was given in the first place to what the legislation should say, to avoid unintended consequences. Three management rights cases illustrate the problem:- The Rocks Case This case revolved around what information had to be in Forms 22a under the old PAMDA Act, in relation to charges made for services organised by a letting agent,Read More →

In: Accounting and Finance, General Interest, Legal

Contributed By: Quartz Legal on

From “Buyer Beware” to “Seller Must Declare” On 1 August 2025, Queensland’s property landscape fundamentally changed. The new seller disclosureregime applies to almost all freehold property sales—residential or commercial, freestanding or within acommunity titles scheme. This marks a clear move away from the traditional buyer beware model towards a framework where theseller must declare. The result: greater consistency and certainty for buyers, but also higher compliancerisks for sellers. Simpler Contracts, But Greater RisksThere are now only two contracts of sale:– One for residential property; and– One for commercial property. This applies whether the property is a stand-alone lot or part of a community titles scheme.⚠️Read More →

In: Legal, Real Estate

Contributed By: Quartz Legal on

NEW DISCLOSURE REQUIREMENTS COMMENCE 1 AUGUST 2025 In 2023, the Queensland Government introduced significant changes to property law with the passing of the Property Law Act 2023 and Property Law Regulation 2023. One of the most important reforms is the new statutory seller disclosure scheme, which applies to the sale of all freehold land in Queensland from 1 August 2025. What does this mean? Before a buyer signs a contract to purchase a lot, the seller must provide: The form of the Seller Disclosure Statement has been through various iterations. The most current version available here seller-disclosure-statement-form-2.pdf What Must Be Disclosed? The Seller Disclosure StatementRead More →

In: Facilities Management

Contributed By: Matthew Savage - BCsystems on

With pandemic pet ownership at an all-time high, residential tenancy laws in Queensland are set to change on 1 October making it easier for rental property tenants to keep a pet. Changes that will, almost certainly, bring a flood of new pet applications to property managers.This guide, with particular focus on the impact of the new legislation to body corporate, is to assist our clients to manage the process, minimising disputes and any negative impact on landlords, property managers, and the body corporate committee.What does the legislation mean for landlords?Under the new legislation coming into effect on October 1, 2022:– Landlords will be unable toRead More →

In: Body Corporate, Legal

Contributed By: John Punch of Short Punch & Greatorix Lawyers on

Lawyers acting for buyers of Management Rights are often faced with the task of trying to explain to their clients problems which they may face as a result of badly worded Caretaking and Letting Agreements.  Much of this could be avoided if developers and their advisers took more care in preparing these agreements. Developers have a golden opportunity to set up Management Rights in a way that will not create difficulties for building managers. The developer is in complete control of the Body Corporate at the time the original Caretaking and Letting Agreements are put in place.  Unfortunately where the developer’s lawyers are not managementRead More →

In: Facilities Management, Landlords, Tenants, Renting and Management, Legal, Motels and Hospitality

Contributed By: Alan McKernan - McKays Solicitors on

Airbnb is never far from the headlines, and many industry segments are clamouring for regulation. In June 2018 the NSW government announced severe restrictions on short stay accommodation. It remains to be seen how that will work in practice, and how Queensland will implement our own version. Hopefully the legislative response will be informed by the lessons learned from the regulation of ride sharing services such as Uber. Industry Concerns Body Corporates, owners, and on-site managers are justifiably concerned about the rising popularity of home sharing services, and other online accommodation booking platforms, for properties within Community Title Schemes. Naturally, I can’t condone “self-help” remediesRead More →

In: Body Corporate, Legal

Contributed By: Grant Mifsud of Archers the Strata Professionals on

Following on from the Queensland University of Technology (QUT) recommendations released in February 2017, a further 64 “final” recommendations have been released in a recent announcement made by Attorney-General and Minister for Justice and Minister for Training and Skills, The Honourable Yvette D’Ath. The report focuses on procedural issues under the Body Corporate and Community Management Act 1997. Of the 64 recommendations, 21 suggest that no changes! To give you an indication of the actual changes recommended, we have summarised these into procedural areas of General Meetings, Committees, Notices, Disputes and General. Highlights of the General Meeting changes focus on deemed service of notices taking into account postage, practical waysRead More →

In: Body Corporate, Legal

Contributed By: Hynes Legal on

Hot on the heels of the lot entitlement review recommendations, we now have the recommendations paper in response to another of the BCCMA option papers. What is in this recommendations paper is not law, although it is what the QUT professors are suggesting should become law.  Responses to the paper can be lodged as detailed here and close on 5 May 2017. The recommendations paper (amongst other things) relates to: Towing of cars; Pets; Smoking; Overcrowding; Fining occupiers for breaching by-laws; Debt recovery costs; Australian addresses for service; and Scheme termination. Can anyone else smell an election coming on? There are 84 pages of recommendationsRead More →

In: Legal

Contributed By: Short Punch & Greatorix on

Lawyers acting for buyers of Management Rights are often faced with the task of trying to explain to their clients problems which they may face as a result of badly worded Caretaking and Letting Agreements.  Much of this could be avoided if developers and their advisers took more care in preparing these agreements. Developers have a golden opportunity to set up Management Rights in a way that will not create difficulties for building managers. The developer is in complete control of the Body Corporate at the time the original Caretaking and Letting Agreements are put in place. I have acted for many people buying unitsRead More →

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