Body Corporate and Community Management and Other Legislation Amendment Bill 2023

Moved the second reading and replied as Attorney-General, defending the bill including the controversial clause 7 allowing termination of community titles schemes with 75% support.

“I commend the bill to the House.”— 2023-11-14View Hansard

As Attorney-General, introduced and moved the bill, thanking the Legal Affairs and Safety Committee for their work. Defended the balance struck between lot owners who wish to sell and those who do not, and emphasised safeguards including minimum compensation requirements.

“The bill will deliver a key action of the 2022 Queensland Housing Summit by amending the BCCM Act to allow for termination of uneconomic community titles schemes to facilitate renewal and redevelopment.”— 2023-10-26View Hansard

Supported much of the bill but strongly opposed the community titles scheme termination provision, arguing it would destroy property rights for vulnerable residents.

“I cannot support that part of the legislation whatsoever. It is wrong and it needs to be removed.”— 2023-11-14View Hansard

Supported sunset clause reforms (crediting member for Theodore) but strongly opposed the 75 per cent termination rule, arguing it threatens property rights of elderly and vulnerable unit owners who fear being forced from their homes.

“We will not be opposing the remainder of the bill and hope those clauses at least bring more protections for Queenslanders buying homes and living in community titles schemes.”— 2023-10-26View Hansard

Supported the bill as addressing the changing nature of housing and updating rights and obligations for the body corporate and strata title industry.

“I rise to support the Body Corporate and Community Management and Other Legislation Amendment Bill 2023.”— 2023-11-14View Hansard

As committee chair, outlined the nine recommendations made by the Legal Affairs and Safety Committee and defended the bill's provisions for terminating uneconomic community titles schemes, arguing it would enable renewal while protecting owners from living in dangerous or unaffordable-to-maintain properties.

“Queensland is at a critical juncture in our state's fight against the housing shortage. Old legislative frameworks are no longer suitable and the time for change is now.”— 2023-10-26View Hansard

Strongly opposed the bill calling it among the worst pieces of legislation in his 17 years, particularly targeting the 75% termination provision and arguing the policy intent was completely missed.

“In my 17 years in this place, this bill is amongst the worst pieces of legislation this House has contemplated.”— 2023-11-14View Hansard

Strongly supported the sunset clause reforms, praising the member for Theodore's advocacy. However, announced the LNP would vote against the 75 per cent termination provision, citing constituents like Julie from Bilinga and George Galea who fear being forced to sell their beachfront units.

“I want it on the record that the LNP will be voting against the proposal in the bill to allow the termination of community titles schemes because we value property rights in Queensland.”— 2023-10-26View Hansard

Supported pet ownership provisions but strongly opposed the termination of community titles schemes clauses, stating the LNP would oppose those during consideration in detail.

“During consideration in detail we will oppose the clauses that relate to the termination of community titles schemes.”— 2023-11-14View Hansard

Supported all aspects of the bill as a committee member, outlining the nine recommendations and emphasising provisions on termination of uneconomic schemes, smoking by-laws, and pet ownership rights in body corporate schemes.

“Housing is a priority for this government and, contrary to the tawdry and largely irrelevant commentary from the LNP, housing availability is a problem evident in every state in Australia and, indeed, almost every jurisdiction in the western world.”— 2023-10-26View Hansard

Supported the bill focusing on the smoking ban provisions in body corporate areas as a public health measure.

“This legislation is another great step in the right direction to stop all Queenslanders from smoking.”— 2023-11-14View Hansard

Raised concerns in her statement of reservation about lack of modelling on how many schemes would be impacted and insufficient representation of unit owner groups on the Community Titles Legislation Working Group. Questioned whether the termination provisions would achieve housing diversity goals.

“How effective this mechanism will be is not clear for two reasons: first, as I raised in my statement of reservation, many residents and property owner groups representing unit owners were not supportive of the termination provisions.”— 2023-10-26View Hansard

Supported the bill overall including pet ownership reforms but opposed the 75% termination rule, citing concerns about vulnerable elderly residents in his electorate.

“The LNP opposition will support the bill, although not the amendment about the 75 per cent rule.”— 2023-11-14View Hansard

Supported the bill as a committee member, emphasising the government's education campaign recommendation and defending the balance between lot owners' rights. Highlighted her electorate concerns and engagement with the Attorney-General's office on sunset clause reforms.

“This is the work of Labor governments. I would like to thank the minister for bringing this reform into the House.”— 2023-10-26View Hansard

Spoke in favour of the unamended bill, arguing the termination provision is a commonsense measure.

“I rise to speak in favour of the bill before us that is unamended.”— 2023-11-14View Hansard

Strongly supported sunset clause reforms, commending the member for Theodore. However, vigorously opposed the 75 per cent termination rule, arguing it effectively privatises compulsory acquisition powers and forces unit owners to go to court to defend their homes rather than requiring buyers to justify forced sales.

“The old maxim that a man's home is his castle is being whittled away by this reform. We will oppose this because it will have dire consequences for that property right that people expect to have when they buy a home.”— 2023-10-26View Hansard

Did not oppose the bill overall but opposed the termination of community titles schemes provision, arguing it would exacerbate housing insecurity.

“While I will oppose the clauses relating to the termination of community titles schemes, I do not oppose the bill.”— 2023-11-14View Hansard

Supported the bill, noting he engaged with the Attorney-General's office to address concerns about older unit complexes in his electorate. Strongly supported smoking prohibition provisions as a former nurse, confirming vapes and hookah would be captured.

“I am absolutely pleased to support these provisions. Giving bodies corporate the power to make their complexes safe for residents in this way is a very important step forward.”— 2023-10-26View Hansard

Supported the bill as committee member, emphasising improvements to pet ownership rights and body corporate dispute resolution processes.

“It is about reducing conflict in our communities and allowing for good and cordial relations between people who live in close proximity.”— 2023-11-14View Hansard

Championed the sunset clause reforms after years of advocacy, describing the devastation caused to families by unscrupulous developers enacting sunset clauses for financial gain. Noted this practice caused absolute heartache to residents who lost deposits and planning costs.

“Ensuring constituents' rights are protected when they buy property off the plan is terribly important. Back in 2022 we started receiving a lot of complaints from residents. They were contacting my office about developers enacting sunset clauses for financial gain. I can tell honourable members that those couples and families went through hell.”— 2023-10-26View Hansard

Commended aspects of the bill particularly those championed by the member for Theodore regarding sunset clauses and housing stock improvement.

“I commend those aspects of the bill.”— 2023-11-14View Hansard

Acknowledged provisions the LNP supports but raised concerns about the 75% termination provision, with property owner groups predominantly opposed to it.

“There are provisions that we support and provisions about which the LNP has concerns.”— 2023-11-14View Hansard

Supported the bill wholeheartedly, arguing the opposition talks about fixing the housing crisis but then votes against measures to increase housing stock.

“I support the bill whole-heartedly.”— 2023-11-14View Hansard

Fully supported many provisions but strongly opposed the 75% vote to extinguish bodies corporate, providing detailed analysis of its impact on vulnerable residents.

“There are some good things in this bill that I fully support but there is one—the 75 per cent vote to extinguish bodies corporate—that I will not support.”— 2023-11-14View Hansard