QLD Body Corporate Managers Tackle New Legislative Landscape

Queensland body corporate managers are on the frontlines of a changing landscape. The Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (BCCMOLA Bill) introduced a wave of updates in November 2023.  These modifications aim to improve governance, address common issues, and offer more flexibility in specific situations.




One key change empowers body corporates to create by-laws restricting smoking in outdoor areas like balconies and patios. "This is a welcome development for many residents," says Sarah Jones, a body corporate manager in Brisbane. "Previously, smoke-free restrictions were limited to indoor common areas. Now, we can address resident concerns about cigarette smoke drifting onto balconies and patios."  However, Jones highlights the need to be familiar with the process for establishing such by-laws, which typically requires a special resolution passed at a general meeting with a significant majority vote.


The BCCMOLA Bill also emphasizes financial responsibility. Committee members must now be up-to-date with their body corporate fees to be eligible to vote or hold office. This aims to ensure responsible financial management within the body corporate.


The legislation offers some flexibility regarding insurance. If standard insurance options are unavailable, body corporates can apply for alternative coverage approval. This caters to smaller schemes or those in remote areas that might face challenges meeting standard requirements.




In rare situations, termination of a body corporate scheme becomes a possibility. This applies when the scheme is deemed economically unsustainable due to factors like severe damage or ongoing maintenance costs exceeding income. However, the bar for termination is very high, requiring a 75% vote of approval by lot owners at a general meeting.


Another update streamlines the process for towing illegally parked vehicles on common property. Body corporates can now appoint tow truck operators who meet specific criteria. This can help body corporate managers enforce parking regulations and improve the use of common areas.


These legislative changes add new layers to the role of a body corporate manager. Staying informed about the updates and consulting with qualified professionals is crucial for smooth operation within body corporate schemes. As reported by the Queensland Body Corporate Commission (QBCC), familiarization with the BCCMOLA Bill is essential for QLD body corporate managers to navigate the evolving legal landscape effectively. Read more: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/bccm

Location: Queensland, Australia

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