Spring Time is Property Law Review Time
Queenslanders who own or reside in strata or community title property now have a chance to provide direct insight into strata living and address major concerns with the regulator.
The attorney-general’s announcement of a comprehensive Property Law Review is a welcome move for us at SCA (QLD) and we have commenced engaging with our members and stakeholders to present an issues brief that will help reduce red tape and improve the lives of one million Queenslanders.
The legislation under review directly relates to how Queenslanders buy, sell and manage property and include the Property Law Act 1974, Land Sales Act 1984 and the Body Corporate and Community Management Act 1997. The government will partner with the Queensland University of Technology to undertake the review that will include both body corporate issues as well as broader property law matters.
In times where more than 1000 schemes are created each year in Queensland and there is an undeniable trend to more strata developments, the attorney-general and minister for justice, Jarrod Bleijie, is on the mark to rectify the unnecessary regulation in place. With the expected increase in strata schemes all over the state, it is timely for Queensland strata and property owner organisations to have their opinions expressed and a thorough review of the current state of regulation and legislation within Queensland that will help unlock activity in the property and construction industries that are vital to the state’s economy.
SCA (QLD) is representing members and the industry at a meeting with the attorney-general and we are confident that a few red tape issues will be scrapped and some major issues tackled.
The multi billion dollar strata title and body corporate sector in Queensland has been receiving a lot of attention in the past 18 months and we are determined to keep the momentum going. We have been personally invited to attend a stakeholder roundtable discussion with the Department of Justice, Office of Regulatory Policy in relation to our recent submission to the Land Sales Act. Our increased participation in such consultative sessions reflects that the Queensland strata industry represents a major economy that’s thriving.
Just recently we have been able to strengthen international relationships and pass our expertise on as well as learning from other country’s policy makers about strata. Last month the SCA (QLD) executive met with four Japanese government officials to hold joint discussions on the way the Japanese administer, manage and develop condominiums, high rise projects and strata apartments. Japan is struggling to resolve issues related to strata scheme terminations and administration. In particular, the delegation were interested in the mechanisms and processes available in Queensland for termination of strata schemes in circumstances where apartment blocks and other strata title property were nearing the end of their life.
SCA (QLD) hosted the delegation that included a senior representative of the Japanese Ministry of Land, Infrastructure, Transport and Tourism, a professor of property law and two property lawyers. In Australia, we have had some experience in terminating body corporate management schemes and they are running into these issues in Japan. Interestingly, in Japan at the moment, you can’t terminate without 100% agreement. As the delegation advised us, you have to rebuild like for like and ensure it does not impact adversely on the scheme’s environment.
The Japanese delegation was also interested in lot entitlements and how the voting works for the scheme where potential termination issues arise. Like Australia, Japan is battling an ageing population and its condominium management scheme needs review to meet the challenges of that demographic. Of condominiums built in 1970 or earlier, 50% of residents comprise persons aged over 60 years. This issue is made more significant because only 7% of condominiums built in 1970 or earlier have elevators for elderly residents.
In Japanese society it is common to see two or three generations under one roof, whereas, in Australia, retirement villages are a popular alternative for elderly people. Our holistic approach doesn’t match the Japanese culture at present so the aging buildings have to be retro-fitted for that purpose.
What we have learned from the Japanese delegation was very valuable and stimulated a few new thoughts which will also form part of our conversations with the government in the near future. It is adequate to say that it may have taken many years for a comprehensive reform in strata legislation but now that we’re here, we are assisting the government and together we’ll find the solutions.
Simon Barnard
SCA
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