On 14 November 2023 the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 was passed.

The key changes, which will shortly commence, include:

• Allowing an owner or occupier’s car to be towed if it is parked in contravention of the by-law without the need to firstly enforce the by-law through the contravention notice and Commissioner’s Office route.

The key issue here is ensuring that:

(a)  a by-law is lawfully drafted to properly regulate the parking of cars by owners and occupiers;

(b)  the vehicle owner can be properly identified as an owner or occupier. In this regard, a by-law compelling owners and occupiers to notify the body corporate of their vehicle is crucial; and

(c)  the towing legislation is still complied with (for example, ensuring that implied consent is obtained by the owner or occupier – such as having adequate signage).

•  Allowing a body corporate to ban smoking on the common property (not just substantially enclosed areas) or an outdoor area of a lot.

The key issue here is ensuring that:

(a)  an appropriate non-smoking by-law is registered;

(b)  sufficient evidence exists prior to any enforcement action being undertaken; and

(c)  any conditions being added to an exclusive use area (such as banning smoking) are properly considered and authorised.

•  Providing stronger pet approval mechanisms for occupiers seeking permission and to reduce the issues which the committee can take into account (such as type, number or size). This largely reflects and mirrors the recent   change to tenancy legislation allowing tenants stronger rights to obtain landlord approval.

•  Providing a new mechanism to terminate, and sell, a community title scheme if it is no longer economically viable for the scheme to continue to operate.

Other changes include:

• Removing reference to the use of a body corporate seal.

• Assisting principal bodies corporate in enforcing by-laws against subsidiary owners and occupiers.

• Providing better rights to body corporate records within a layered arrangement.

• Updating the codes of conduct for body corporate managers and caretaking service contractors.

• Allowing adjudicators to authorise lesser insurances for the scheme (rather than needing the Commissioner to approve such applications.

• Allowing bodies corporate to change their financial year by ordinary resolution once each 5 year period without the need for an adjudicator’s order to do so.

• Changes to rules around sunset clauses in off-the-plan sales contracts.

Feel free to contact us if you have any questions about the amendments, or need help implementing them for your scheme (including drafting the necessary by-law changes).

Written by Todd Garsden

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