SCA concerned about unit owners rights
The Queensland government has more work to do to protect the rights of hundreds of thousands of Queenslanders who own strata title property according to Strata Community Australia (Queensland).
Legislative amendments tabled by attorney-general Jarrod Bleijie only partially address some of the issues raised by bodies corporate. The existing laws state that a constructing authority must notify a body corporate that it intends to resume part of the scheme land. In turn, the body corporate is required to obtain independent advice about how this process will affect the lot entitlements at the scheme. With these amendments, some key elements to this process have been changed, and many of these changes are not advantageous to the strata community.
According to SCA (Qld) president Simon Barnard, a more active dialogue between the state government and the peak body is needed. “It’s about maintaining the rights of bodies corporate to consider their options and make sure their rights are being upheld.”
The amendments to the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Bill 2013 have not addressed the key concerns raised: the inadequate time limitation imposed on bodies corporate to make a decision about adjustments, the removal of the body corporate’s entitlement to seek its own advice about adjustments, the removal of the body corporate’s right to obtain a second expert’s opinion on the adjustment advice obtained by the constructing authority, and the inability of an aggrieved owner to obtain compensation from a constructing authority due to an increase in its contribution schedule lot entitlements from orders made under an adjustment application.
“These key elements of concern will only serve to place bodies corporate in a likely inequitable position in relation to a constructing authority which will have the benefit of all the legal might on its side. “
Although the amendments have addressed some issues that have plagued bodies corporate, such as clarification on the process for adjustment applications and the protocol for the recording of a new community management statement, the issues surrounding time limitations and access to expert advice are much more pressing for bodies corporate.
“We are trying to get the government to address these amendments because they are the seemingly little things that will have massive implications for those in our industry,” Mr Barnard says.
AccomNews is not affiliated with any government agency, body or political party. We are an independently owned, family-operated magazine.
