Do You Know How the New BCCM Legislation Will Affect You?

On 1 March 2021, new Body Corporate and Community Management (BCCM) Regulation Modules came into effect in Queensland. Do you know how the changes to legislation will affect you?

The new regulations relate primarily to recommendations made by the Queensland University of Technology about Body Corporate procedural issues and have been made to modernise Body Corporate procedures, reduce Body Corporate costs and enhance protection for unit owners.

To assist our clients, we have summarised some of the key changes that may affect your community.

Changes for meetings

Under the new legislation, there are several changes to meetings. We have summarised below:

  • Committee Meeting Attendance: You can now attend committee meetings electronically (through video conference such as Zoom). Attending meetings electronically was never forbidden, however the new legislation confirms that it is an acceptable method of attendance. Electronic voting is now included under the new BCCM regulations.
  • Lot Owner Representative: Lot owner representatives can now attend committee meetings however, they are required to provide 24 hours’ notice to the Secretary of the Body Corporate.
  • Defect Motion: The Body Corporate must include a motion on the agenda of its second Annual General Meeting to decide if the building will have a building defects assessment completed.
  • General Meeting Quorum: A Body Corporate can change the number of voters required for a quorum for general meetings. This can range between 10% and 25% of the number of voters.
  • Owner Motions: Lot owners may now submit motions for the first annual general meeting and motions for consideration at committee meetings.

 

Changes for Committees 

Below are some changes to legislation that will affect Body Corporate Committees:

  • Owner Motion Decisions: Committees are now required to make a decision on owner motions submitted within a 6-week period of receiving the motion. Minutes must also be provided for these decisions.
  • Committee Member must be Financial: A committee member will not be authorised to vote at a committee meeting or by VOC if they or the entity who nominated them owe a Body Corporate debt at the time of the vote.
  • Multiple Committee Nominations: Co-owners who own multiple lots in a scheme can now nominate for multiple committee positions. This is based on the number of lots they own.

Changes for owners 

Under the new legislation, there are many changes that will affect lot owners. Below is a summary of some of these changes:

  • Owner Motions: An owner can submit up to 6 motions per 12-month period. The 12-month period will begin on the date that the owner submits their first motion. It is the responsibility of the owner to manage their 6 motions.
  • Limit on Owner Motions: If an owner submits a motion and it is declined by the committee, the owner cannot resubmit the same motion for another 12 months. We suggest owners keep track of the dates that they submit a motion in the case that they wish to re-submit.
  • Return of Documents: If an owner is required to give a document to the Secretary, they can now give it directly to the Body Corporate Manager for the scheme.
  • Owner Details: Owners are now required to update their details with the Body Corporate roll within 1 month after you become a lot owner or a lease or sublease is entered into for 6 months or more.
  • Your Email Address: Your email address can now be your preferred method of distribution for all Body Corporate documents.

Insurance

There are changes to insurance legislation under the new BCCM changes:

  • Committee to Approve Insurance: If the cost of the insurance policy is above the major spending limit for the scheme, the committee will need to obtain 2 insurance quotes before the committee can approve the insurance premium.
  • Committee Spending Limit: If it is not a restricted issue, the committee will be able to spend above the limit for committee spending to renew or put in place an insurance policy.

To find out more 

If you would like more information on the amendments, click here.

If you have any further questions regarding how these changes will affect your scheme, contact your Community Manager directly. 

If you are not a client of SSKB and would like to see how easy it is to make the switch, click here to contact us today for an obligation free consultation. 

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