Building Units and Group Titles and Other Legislation Amendment Bill 2022

Introduced: 21/6/2022By: Hon S Fentiman MPStatus: PASSED

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced21 June 2022View Hansard
First Reading21 June 2022View Hansard
Committee21 June 2022 – 8 Nov 2022View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading28 Oct 2022 – 8 Nov 2022View Hansard
19 members spoke17 support2 mixed
11.34 amHon. SM FENTIMANSupports

As Attorney-General, introduced and strongly supported the bill to improve body corporate governance and protect unit owners in developments under BUGTA and the MUD Act, particularly addressing issues faced by Couran Cove residents.

The clear focus of the bill is making body corporate governance arrangements under these two acts fairer and more transparent for unit owners.2022-11-08View Hansard
12.29 pmHon. SM FENTIMANSupports

As Attorney-General, moved the second reading and spoke in support of the bill to help unit owners experiencing problems at developments like Couran Cove Island Resort with governance issues.

I want to acknowledge and thank them for their patience and acknowledge that this is just the start of the debate today. To the residents who are here today—Bec, Shelley, Dave, Michelle and Daniel—thank you so much for your advocacy and for meeting with me.2022-10-28View Hansard
11.44 amMr NICHOLLSSupports

Supported the bill as shadow Attorney-General while criticising the government for taking four years to act on the 2017-2018 QUT review recommendations, highlighting the urgent situation at Couran Cove.

The LNP will be supporting this bill, of course... It is vital we recognise the importance of effective community title legislation for the many hundreds of thousands of owners of lots in community title schemes.2022-11-08View Hansard
12.09 pmMr RUSSOSupports

As committee chair, supported the bill and outlined the committee's recommendation that it be passed, highlighting improvements to body corporate governance and dispute resolution.

The committee, in its report No. 30 which was tabled in the Assembly on 12 August 2022, has recommended to the Assembly that this bill be passed.2022-11-08View Hansard
12.19 pmMr KRAUSESupports

Supported the bill as a committee member while noting it addresses only some issues and urging the Attorney-General to bring forward further reforms quickly.

We will not be opposing the bill. It goes a long way to fixing some of those very drastic problems.2022-11-08View Hansard
12.28 pmMr HUNTSupports

Supported the bill as a committee member, emphasising the importance of the reforms for residents affected by deficiencies in BUGTA and the MUD Act.

To the casual observer, the contents of this bill will not set the world on fire, but make no mistake, they are absolutely vital.2022-11-08View Hansard
12.33 pmMs BOLTONMixed

Supported the bill but raised concerns in a statement of reservation about inadequate ongoing funding for the Commissioner's office, the limited scope of the bill, and the lack of cost recovery provisions for bodies corporate.

Hopefully, the other changes that are needed will be on the way shortly and all can finally see some light at the end of what has been a very long, dark tunnel.2022-11-08View Hansard
12.37 pmMs BUSHSupports

Supported the bill as making important reforms to body corporate governance, dispute resolution, and transparency for unit owners.

This bill is a great step towards resolving some of the issues under the various acts, and I commend it to the House.2022-11-08View Hansard
12.43 pmMr LANGBROEKSupports

Supported the bill while highlighting the urgent need for reform given the devastating conditions at Couran Cove affecting elderly and vulnerable residents.

I note that most stakeholders are supportive of the bill and the LNP is not opposing it.2022-11-08View Hansard
12.53 pmHon. LM ENOCHSupports

As Minister for Communities and Housing, supported the bill as part of the government's broader housing reform agenda to ensure fair processes across the housing continuum.

All Queenslanders who own units in community title schemes should enjoy the same rights and protections regardless of the legislative framework that the property is governed by.2022-11-08View Hansard
2.59 pmMrs GERBERSupports

Supported the bill while criticising the government's slow pace in implementing reforms, highlighting the desperate situation at Couran Cove and calling for time frames on further amendments.

This bill goes some way to addressing the problems many bodies corporate and owners have around non-payment of levies, exclusion of subsidiary bodies corporate, non-representation of owners, failure to deliver essential services, conflicts of interest and recovery of costs.2022-11-08View Hansard
3.09 pmHon. G GRACESupports

Supported the bill as addressing critical deficiencies in body corporate legislation, noting similar issues in her electorate at Cathedral Place under the MUD Act.

It is a great step forward. Of course we would like to see more. Some urgent amendments to this legislation are required, and what the government is targeting is a priority, so I support that.2022-11-08View Hansard
3.15 pmDr MacMAHONMixed

Acknowledged the bill as non-controversial but criticised it as insufficient, calling for urgent action on building management statements, disaster planning, embedded networks, and other body corporate reforms.

This bill is one tiny step towards reform of body corporate law in Queensland, when what we need is urgent, meaningful change.2022-11-08View Hansard
3.24 pmHon. LM LINARDSupports

Supported the bill as addressing deficiencies highlighted by the Couran Cove situation, particularly around body corporate governance, conflicts of interest, and utility services.

This reform has been welcomed by residents of the Couran Cove Island Resort who, following the introduction of the Building Units and Group Titles and Other Legislation Amendment Bill, indicated, as I said earlier, that it was a win for their community.2022-11-08View Hansard
3.29 pmMr CRISAFULLISupports

As Leader of the Opposition, supported the bill as giving hope to Couran Cove residents after years of despair, while standing ready to make further changes if needed.

I say to the residents of Couran Cove: we cannot promise you money or power, but we can promise you hope.2022-11-08View Hansard
3.35 pmHon. DE FARMERSupports

Supported the bill as important for her increasingly densifying electorate, emphasising the importance of fairness and transparency in body corporate governance.

It is vital that we have a regulatory framework that not only protects them but enables them to make really responsible decisions for the people who reside at their address.2022-11-08View Hansard
3.40 pmMs RICHARDSSupports

Strongly supported the bill, describing the traumatic experiences of Couran Cove constituents who had been denied basic utilities, mobility access, and jetty berths.

I am so pleased to see this legislation. I know absolutely how much it means to those residents who have been impacted in the shonky scam set-up that has been going on.2022-11-08View Hansard
3.43 pmMr McCALLUMSupports

Supported the bill as restoring fairness and equity to complex developments, particularly welcoming the improved information and education services for unit owners.

It is good to see that there will be substantial progress as part of the reforms in this bill which will restore fairness and equity to these kinds of developments.2022-11-08View Hansard
3.49 pmMr O'ROURKESupports

Briefly supported the bill, focusing on the importance of improved dispute resolution provisions to reduce stress and mental health issues for residents.

We need to pass this bill. It is essential for the wellbeing of all people who reside in these dwellings.2022-11-08View Hansard
In Detail8 Nov 2022View Hansard
Third Reading8 Nov 2022View Hansard
Became Act 28 of 202221 Nov 2022
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill improves protections for owners in older unit and townhouse developments established before 1997, bringing their governance rules closer to modern strata legislation. It also enables enforcement of gift card consumer protections.

Who it affects

Unit owners in older developments gain better rights and dispute resolution options, while committee members face new eligibility rules and conflict of interest requirements. Retailers face infringement notices for gift card breaches.

Body corporate governance

Older strata developments under the Building Units and Group Titles Act 1980 have missed out on reforms that benefited newer developments. This bill requires bodies corporate and committees to act reasonably, introduces conflict of interest rules, restricts committee eligibility for debtors and service providers, and improves dispute resolution processes.

  • Bodies corporate and committees must act reasonably in their decisions
  • People who owe debts to the body corporate cannot serve on committees
  • Service contractors and body corporate managers cannot be voting committee members
  • Committee members must disclose conflicts of interest and cannot vote on matters where they have an interest
  • Dispute resolution referees must act informally and observe natural justice

Transparency and financial management

The bill improves information access for unit owners and strengthens financial accountability for bodies corporate.

  • Full and accurate meeting minutes must be provided to owners within 21 days
  • Seven days notice required for committee meetings
  • Contributions must be paid as money, with strict rules for any offset arrangements
  • Bodies corporate must commence debt recovery within 2 years and 2 months of amounts becoming outstanding
  • New information and education service to help owners understand their rights

Gift card enforcement

The bill enables Queensland's fair trading regulator to issue infringement notices for breaches of gift card requirements under Australian Consumer Law.

  • Commissioner for Fair Trading can issue infringement notices for gift card breaches
  • Penalties align with Commonwealth amounts: 55 penalty units for corporations, 11 for individuals
  • Covers requirements for minimum 3-year expiry, no post-purchase fees, and expiry date display