Community
7 December, 2023
New body corporate rules
PET approvals, banning of smoking and vaping in outdoor and common areas, and faster towing of unwanted vehicles at body corporates have been passed by the Queensland Government.
The Real Estate Institute of Queensland (REIQ) commends the changes to a number of contentious body corporate matters that were previously placed in the “too hard basket”, and have now been bought into line with modern community expectations.
The Body Corporate and Community Management and Other Legislation Amendment Act 2023 was passed by the government earlier this month, overhauling several acts that regulate community title schemes in Queensland.
In summary, the body corporate changes will:
Allow body corporates to make by-laws to prohibit smoking (including vapes) in outdoor areas and communal areas of strata communities
Prevent body corporates from making by-laws with blanket pet bans in community title schemes, and introduce a mechanism for pet approvals
Clarify and enhance the ability for body corporates to tow vehicles from common property in a timely manner, and
Reduce consensus for scheme termination from unanimous to 75 per cent of lot owners in limited circumstances.
REIQ chief executive Antonia Mercorella said the reforms would help modernised apartment and unit living.
“The REIQ certainly supports the viewpoint that quiet enjoyment of people’s homes is a right that should be upheld and not restricted as much as possible,” she said.
“However, we recognise that due to the nature of sharing a title and being in close quarters, there needs to be laws that govern communities with clarity and necessary protections to keep everyone within them safe.
“As our population grows, living in apartments and units is becoming more common place, and it’s important to ensure our laws keep pace with changing community standards and expectations, and are balanced so that this lifestyle remains attractive in our state.”
Ms Mercorella said the ability for body corporates to self-regulate and potentially prohibit smoking in outdoor areas such as balconies, courtyards, patios and verandas had attracted a high level of debate.
“When moving into a unit or apartment complex, people generally go in eyes-wide-open and understand that there are certain limits that apply to common use areas,” she said.
“However, many of us agree that ‘my home is my castle’ and that you should be able to live the life you want to live when you’re in the boundaries of your own home. “Of course, the challenge comes with the fact that when you live in an apartment or a unit, your activity can also have an impact on others who live very close by – which is the case with smoke drift and second-hand smoke risk.”
