New laws to benefit unit owners in Queensland
Published Tuesday, 08 November, 2022 at 04:30 PM
Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence
The Honourable Shannon Fentiman
Reforms to Queensland’s body corporate laws have been passed in the Queensland Parliament today.
Attorney-General and Minister for Justice Shannon Fentiman said the passage of the Building Units and Group Titles and Other Legislation Amendment Bill 2022 has resulted in changes to the Building Units and Group Titles Act 1980 (BUGT Act) and Mixed Use Development Act 1993 (MUD Act) to provide more transparent and fairer body corporate arrangements in relevant developments.
“We know that for many Queenslanders, investing or living in a unit is an option that suits their financial and lifestyle goals,” the Attorney said.
“It is critical that Queensland laws provide appropriate and effective protections for unit owners.”
“That’s why we have made significant reforms to enhance body corporate governance and better protect Queensland unit owners in certain resorts and complex mixed-use developments, such as Couran Cove.”
Most community titles schemes operate under the Body Corporate and Community Management Act 1997 (BCCM Act), however, some resorts and mixed-use developments are governed by the BUGT Act in conjunction with specialised planning laws, such as the MUD Act.
This Bill ensures that unit owners in bodies corporate regulated by the BUGT Act or MUD Act will benefit from many of the same protections that already apply for other Queensland unit owners.
Changes to the BUGT Act and MUD Act include:
- requirements for bodies corporate and committees to act reasonably when making decisions and performing their roles
- new committee eligibility requirements
- fairer rules for voting at general meetings
- increased transparency in body corporate decision making
- strengthened laws to prevent conflicts of interest
- enhanced financial management practices
- increased access to information, education and dispute resolution services for lot owners.
The Attorney said it was wonderful to welcome residents from Couran Cove to Parliament House to witness the passing of the Bill today.
“I have met with residents to discuss their situation which involves complex commercial arrangements and body corporate governance issues,” she said.
“The amendments to the Acts will provide better protections for owners and make sure they have increased access to information and dispute resolution services.”
“The amendments to the BUGT Act and MUD Act will commence on 1 December 2022."
The Bill also included reforms to the Fair Trading Act to ensure that the Office of Fair Trading (OFT) has the power to issue infringement notices for breaches of gift card requirements under the Australian Consumer Law (ACL).
This will ensure the OFT powers are consistent with those of the Australian Competition and Consumer Commission which jointly administers the ACL in Queensland.
Media contact: Phoenix Campbell 0439 949 719