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    Minister for Tourism and Fair Trading
    The Honourable Peter Lawlor

    Public to have their say on amendments to body corporate lot entitlements

    Minister for Tourism and Fair Trading
    The Honourable Peter Lawlor

    Thursday, August 12, 2010

    Public to have their say on amendments to body corporate lot entitlements

    Minister for Fair Trading Peter Lawlor today released the Body Corporate and Community Management Amendment Bill 2010 for public consultation.

    Mr Lawlor said proposed amendments would offer certainty for lot owners in community titles schemes.

    “The proposed amendments provide certainty around the proportion of total body corporate fees a unit owner must pay and will increase the affordability of unit living as an accommodation and lifestyle choice for the majority of Queensland unit owners,” Mr Lawlor said.

    Mr Lawlor said the Bill also provided new and expanded principles for deciding the contribution schedule lot entitlements for owners of lots in new community title schemes.
    "The Bill also provides lot owners adversely affected by adjustment orders the right to have their contribution schedules revert to the original settings as they were prior to any adjustment orders".

    “In the future, the ability to adjust contribution schedule lot entitlements will be limited to all lot owners in a scheme unanimously agreeing to make an adjustment through a resolution without dissent or by unanimous agreement between two or more lot owners to redistribute the lot entitlements for their lots amongst themselves.

    “Only under special circumstances will an adjustment order be allowed.”

    Mr Lawlor said since the Act was introduced in 1997, lot owners could apply to have their lot entitlements - and thus body corporate fees - reduced at any time.

    "Owners of larger units for example, can effectively slash their own body corporate fees, but these costs are merely passed on to others in the complex instead," he said.

    "So a ground floor studio owned by a retiree or pensioner would be left paying much more than they had budgeted for when buying the unit - in some cases double and this has forced many unit owners out of their homes.

    "This situation needs to be fixed if affordable housing options are to continue to be available to a wide range of Queenslanders,” he said.

    “The amendments would also enhance disclosure requirements for new buyers and protects the interests of the many Queenslanders who own one of the 358,000 units across the State.” he said.

    A copy of the Bill is available from www.deedi.qld.gov.au. People who want to comment on the Bill can email bccm.policy@deedi.qld.gov.au or write to PO Box 15168, City East QLD 4002.

    The Body Corporate and Community Management Amendment Bill will be open for a period of six weeks for public consultation.

    Submissions close on the 23 September 2010.

    Minister's office - 3224 2002

    END