Body Corporate and Community Management and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill reforms Queensland's body corporate laws to address ageing unit complexes, pet ownership, smoking, off-the-plan property purchases, and scheme governance. It creates a new process for terminating uneconomic community titles schemes with 75% owner approval, strengthens buyer protections against sunset clause misuse in off-the-plan contracts, and clarifies residents' rights to keep pets and be protected from second-hand smoke.
Who it affects
Unit owners, renters in strata-titled properties, and buyers of off-the-plan land are most directly affected. Property developers face new restrictions on cancelling off-the-plan contracts, and body corporate committees must adapt to new rules on pets, smoking, insurance, and governance.
Key changes
- New process allows 75% of lot owners to vote to terminate an uneconomic community titles scheme, with minimum compensation based on compulsory acquisition values and District Court oversight
- Property developers can no longer use sunset clauses to unilaterally cancel off-the-plan land contracts — they must get the buyer's written consent or a Supreme Court order
- Bodies corporate can now make by-laws banning smoking and vaping on balconies, courtyards, and common property, and regular smoking that affects neighbours is declared a nuisance
- Blanket 'no pets' by-laws are explicitly prohibited — bodies corporate can require approval but must not unreasonably refuse, and can only reject on specific grounds like health risks or local law breaches
- Buyer deposits under off-the-plan contracts are better protected against early release from trust accounts before settlement
- Alternative insurance applications are now decided by an adjudicator instead of the Commissioner, with an expanded scope covering standard format lots with common walls
- By-law enforcement improved in layered (multi-scheme) developments, with new contravention notice powers and cross-scheme record access
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee24 Aug 2023 – 26 Oct 2023View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading26 Oct 2023 – 14 Nov 2023View Hansard
▸14 members spoke7 support1 oppose6 mixed
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
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 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
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
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 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
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
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
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 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
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
▸In Detail14 Nov 2023View Hansard
▸1 clause vote (all passed)
Vote on clause 7
Vote on whether to retain clause 7, which allows termination of community titles schemes with 75% owner support. LNP opposed this as undermining property rights of vulnerable residents who could be forced to sell. Government prevailed 46-33.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.