Queensland Body Corporate
Queensland Body Corporate law affects a substantial number of occupiers and owners of both residential and commercial property across Queensland. Before you decide to buy or lease a unit that is part of a Body Corporate, it is important that you understand the rules and regulations relating to Queensland Body Corporate.
A Body Corporate is established where land has been subdivided and registered under the Land Title Act 1994. The land that has been subdivided is classified as a ‘community titles scheme’ and is made up of 2 or more dwellings or units. In Queensland it is estimated that over 38,000 body corporates operate affecting more than 355,000 lots.
Rules and regulations relating to Queensland Body Corporate are governed by the Body Corporate and Community Management Act 1997 (The “BCCM Act”). The act sets out the duties and rights of the lot owners and the lot occupiers of an established Body Corporate. In addition to the BCCM Act, additional rules and regulations are set out in the Body Corporate by-laws for each separate Queensland Body Corporate.
The predominant function of a Body Corporate is to maintain, regulate and control ‘common property’ amongst subdivided lots. Common property may include hallways, stairwells, driveways and lifts, as well as facilities such as swimming pools, saunas and gymnasiums. Any conditions placed on residents regarding the use of the ‘common property’ are regulated under the by-laws of the Body Corporate.
Each lot/unit owner is a member of the Body Corporate and is required to pay an annual Body Corporate fee. This means that when you purchase a lot that is a part of a ‘community titles scheme’, you become a member of the associated Body Corporate. Queensland Body Corporate Fees are individual to each Body Corporate and vary depending on the cost of maintaining common property.
As a member of the Body Corporate you may be required to attend General Meetings where important issues relating to the Queensland Body Corporate are discussed and appropriate decisions are finalised. In most circumstances there is an elected Committee made up of members of the Body Corporate and General Meetings of all members are called on rare occasions.
Each Queensland Body Corporate is required to keep records and minutes of all meetings and all other information relating to the Queensland Body Corporate – such as lot owners, maintenance and finances. The documents relating to the minutes of the Queensland Body Corporate Committee Meetings are often useful when occupiers/owners are in dispute with the Queensland Body Corporate.
Before purchasing a lot that is part of a ‘community titles scheme’, come and see the dedicated and friendly team here at MacGregor O’Reilly Nash Solicitors to get the best legal advice behind Queensland Body Corporate laws.
- Article by MON Solicitors