Login|
Body Corporate or Strata unit

New BCCM Regulation Modules commenced 1 March 2021

 

A number of significant changes to the Modules include:

  • Facilitation of electronic voting on all motions and ballots, including secret ballots, in a general meeting. Documents may be given to a lot owner electronically with their agreement.
  • Lot owners will be entitled to submit a maximum of six motions in a 12-month period to the committee, which is required to make a decision within six weeks. This period can be extended by a further six weeks in certain circumstances.
  • A body corporate will be required to include on the agenda of its second AGM a motion to decide whether to have a building defects assessment carried out.
  • Committee members will be ineligible to vote on committee motions or in a committee meeting if (i) as a lot owner they owe a body corporate debt, or (ii) if not a lot owner - the owner who nominated them owes a body corporate debt. This will require a body corporate to keep more extensive financial and nomination information in the records.
  • A ‘motion with alternatives’ has been replaced with a new concept for the grouping of same-issue motions. Votes can now be cast on all motions grouped together because they deal with the same issue, and the motion that receives the most votes in favour will be the body corporate’s decision. 
  • A body corporate may change the required quorum for a general meeting to as low as 10%.
  • A person may hold a power of attorney to vote on behalf of only one other person, unless they are a family member, or it is a power of attorney given to the original owner under sections 211 or 219 of the BCCM Act.
  • Body corporate managers and caretaking service contractors will now be required to disclose the monetary amount of any commission, payment or other benefit received before the body corporate decides to enter into a contract for the supply of goods or services (ie insurance).
  • The documents an original owner (developers) must provide to bodies corporate to support effective management of community titles schemes have been expanded.
  • The ability of a body corporate manager authorised under section 119(2) of the BCCM Act to exercise some or all of the powers of the secretary has been clarified. This means the body corporate secretary can be authorised to receive documents or information that ordinarily must be given to the secretary.

 

For a summary of the changes, visit: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/legislation-and-bccm/regulation-changes/summary

 

News
  • CAR PARK RECONFIGURATION 13th November 2020 Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to deal with. One request that is becoming more commonplace is to reconfigure, reallocate or rearrange car parking in a scheme. This article sets out some of the important matters a com... ... more
  • Committee Nominations - Can the Body Corporate refuse to accept a nomination? 29th October 2020 A recent Adjudication explains why the Body Corporate cannot simply refuse to accept a nomination from a person who nominates to be on the Committee just because they don't want that person on the Committee. ... more
  • Maintenance Obligations 26th October 2020 Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. ... more
  • Removing an elected Body Corporate Committee Member 26th October 2020 In this article, we discuss the grounds and process for removing a committee member by ordinary resolution. The process for removal is set out in the relevant regulation modules. For simplicity, this article focuses on the Body Corporates and Community Management (Standard Module) Regulation 2008, h... ... more
  • Strata Painting and Maintenance Lookbook 18th October 2020 A strata painting and maintenance project can be a complicated affair to manage when there are multiple opinions to consider and challenges to overcome. And when you’re stuck in the planning stage, it can be difficult to convey the vision of the project clearly to stakeholders and determine a unifi... ... more