Strata Legislation 2019

22 Jan 2019 – A Year of Action for Strata Reform

2019 – A Year of Action for Strata Reform

As most of us head back to normality and our daily routines we enter another year in strata land with 21-year-old archaic laws governing our Bodies Corporate and Community Titles Schemes in QLD.

Looking ahead, however, 2019 is looming as the year of change in this space. As I foreshadowed in my September article, last year saw the regulation modules set to expire without review or amendment on the 1st October under the Statutory Instruments Act 1992.

Sunsetting provisions in legislation provide that a law is repealed after a specific date unless further legislative action is taken to extend that law.

The relevant regulation modules for bodies corporate in Queensland are;

  • Standard Module.
  • Accommodation Module.
  • Commercial Module.
  • Small Schemes Module.

On the 31st August 2018 under the Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2018 these regulation modules were exempted from expiry for one year on the grounds that they are Subject to review.

The good news for 2019 is that we understand that review by the government is well underway and there are even whispers in the industry that draft amendments are not too far away from stakeholder’s hot hands.

Importantly the amendments which are based on the recommendations from QUT and industry stakeholders such as Strata Community Association will focus on the administrative red tape and procedural issues that surround the day to day operation of bodies corporate.

Specifically, they are expected to address procedural issues from administrative matters around AGM’s, electronic service of documents and voting, body corporate spending, and committee membership.

See here for QUT’s full set of final recommendations: Government Property Law Review – Final Recommendations – Procedural Issues under the Body Corporate and Community Management Act 1997 (PDF, 1.3 MB).

We will keep you updated and informed on this topic over the next few months.

by Simon Barnard

Simon Barnard Hartley’s Lifestyle Strata Services Brisbane

Simon Barnard is the Managing Director and Principal of Hartley’s Lifestyle Strata Services which is a medium sized strata firm established in 2004 at Sherwood and now operating out of Graceville, Newstead, North Lakes and Bribie Island. Simon is in his 6th year as President of the Board of Strata Community Australia (QLD) and was recently recognised for his service to the industry with a fellowship of the organisation and Life Membership.

Simon also is a past board member on the SCA National Board and is engaged at an International level through many consultative groups and associations. He meets regularly with the Industry Stakeholders group which is convened by the Commissioner for Body Corporate and Community Management and the Office of the Attorney General and actively engages at all levels of government.

Simon has recently been invited to represent the Strata industry on the QLD Government Ministerial Housing Consultative Committee tasked with advising on developing and delivering quality housing outcomes for people and communities. His contributions at an International, National and State level involve working with key stakeholders and government to ensure lot owners, industry employees, suppliers and Bodies Corporate needs are addressed through Government policy reform, education and training.

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