Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020
6th October 2020
By Office of Commissioner for Body Corporate Qld
The Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020 (the Regulation) was made by the Governor in Council, and notified, on 2 October 2020.
The Regulation temporarily modifies particular arrangements under the Body Corporate and Community Management Act 1997 (BCCM Act) and Building Units and Group Titles Act 1980 (BUGT Act) to protect the health, safety and welfare of members of the community titles sector impacted by the COVID-19 emergency. The regulation expires on 31 December 2020.
The Regulation provides for body corporate general meetings and committee meetings to be held in a modified way if necessary to comply with a public health direction. The provisions for modifying the way general meetings or committee meetings are held commence retrospectively on 19 March 2020. A transitional provision modifies the application of the provisions for meetings held in the period starting 19 March 2020 and ending on the day the regulation is notified.
The Regulation allows a body corporate to meet its obligation to allow in-person inspections of body corporate records in a modified way. For schemes regulated under the BCCM Act, the Regulation also enables the body corporate committee to make decisions relating to access to, and the use of, common property and body corporate assets where necessary to comply with a public health direction.
In addition, the Regulation provides the Commissioner for Body Corporate and Community Management under the BCCM Act and the Referee under the BUGT Act with increased flexibility to waive certain dispute resolution-related fees, where parties are experiencing financial hardship, and to provide for the inspection of particular documents related to dispute resolution in a modified way.
A copy of the Regulation, as well as explanatory notes and a human rights certificate for the Regulation, are available from the Office of the Queensland Parliamentary Counsel website at www.legislation.qld.gov.au.