The information in this article is current as at August 2024

The Gold Coast, A.K.A Strata Central, home to a large number of Body Corporates per capita. The reality of living and renting on the Gold Coast is that there is a high likelihood of encountering a Body Corporate and its By-Laws, therefore it is important to understand the laws, rules and regulations of this industry.

The Body Corporate and Community Management Act 1997 (Qld) (BCCM Act) has recently undergone significant amendments aimed at improving the governance and management of body corporates in Queensland. These changes are designed to enhance transparency, accountability, and efficiency within community title schemes. Here's a brief overview of the key amendments.

Pets

The BCCM Act now aims to protect your right to keep furry companions. Body Corporates can no longer ‘unreasonably withhold’ their approval to keep an animal on your property.

By-Laws can no longer expressly prohibit the keeping of animals in your property, nor can they place restrictions on the number, type or size of animals. If they require an owner to submit an application for a pet, they must provide all decisions and conditions in writing.

Towing Vehicles

It is critical that you understand where you and your guests can park vehicles in the scheme because the BCCM Act is now clear that Body Corporates have unrestricted rights to tow motor vehicles from the common property at the expense of the owner.

Smoking

By-laws can now be created to prohibit or restrict smoking in common property or on balconies, patios and the like.

Transparency

Part of purchasing in a Body Corporate requires disclosure and due diligence of the body corporate records. Due diligence of those records often reveals concerning patterns due to lack of management leading to uncertainty and confusion for buyers and property owners.

To tackle this issue, the changes introduced stricter financial management requirements and record keeping requirements. Body Corporates must prepare and present more detailed financial statements and keep a comprehensive register of all decisions made including detailed minutes of meetings and records of votes. This ensures that lot owners and potential purchasers will have a better understanding of how their money is being utilised and how their building is operating.

Disclaimer: This advice is general in nature and is not intended to be legal advice.

Holt Ronan Lawyers are experts in Body Corporate matters and provide assistance to purchasers and owners on the Gold Coast. If you would like legal advice, please call our office on (07) 5619 0440 and we would be pleased to assist you.