UOAQ Newsflash #21 - Consultation now open on BC by-laws, debt recovery and scheme termination
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Dear Subscriber,

As a part of ongoing Property Law Review, the QUT Panel has released for public consultation the findings and recommendations for the Options Paper - Body Corporate governance issues: By-laws, debt recovery and scheme termination.

QUT has made 29 recommendations in its report. According to their statement,
"QUT’s recommendations seek to:  
  • improve the ability of bodies corporate to make and enforce by-laws dealing with issues such as the towing of vehicles, the keeping of pets, and nuisances created by second-hand cigarette smoke drift between units;
  • improve the ability of bodies corporate to recover unpaid body corporate contributions from lot owners; and
  • facilitate the redevelopment of ageing and uneconomic community titles schemes.
The QUT recommendations are intended to align with the objects of the BCCM Act, in particular to balance the rights of individuals with the responsibility for self-management as an inherent aspect of community titles schemes, ensure that bodies corporate have control of the common property and the body corporate assets they are responsible for managing on behalf of lot owners, and give bodies corporate the flexibility they need to deal with changing circumstances within community titles schemes.
Before making any decisions about possible changes to the current laws about body corporate by-laws, debt recovery and scheme termination, the Government would like to hear community and industry views on QUT’s recommendations
UOAQ urges our members and readers to examine those recommendations and make submissions to the panel. Recommendations relates (among other) to:
  • Towing for breach of parking by-laws
  • Pets and pet-free by-laws
  • Smoking and smoke-free by-laws
  • Overcrowding
  • Standard by-laws and fines for breach of by-laws
  • Debt recovery and costs for debt recovery
  • Address for service (being in Australia only)
  • Scheme termination procedure and lowering of threshold to 75%
 The time for submissions closes on 5 May 2017.

Wayne Stevens
Unit Owners Association of Queensland Inc.
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