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Legislative concerns to Minister

Sunday, July 29th 2012

 

SCA Q Legislation Review Committee Presents List of Problems with the Qld legislation

The new Minister for Bodies Corporate in Queensland, the Attorney General Jarrod Bleijie, has been presented with a list of practical problems that need legislative or regulatory change. The ‘Dirty Dozen’ list has been compiled by specialist lawyers who comprise the Strata Community Australia Qld Legislative Review Committee.

The list has been outlined  in a paper distributed by Michael Kleinschmidt, a Sunshine Coast property and strata services partner at MacGillivrays Solicitors. Michael will present the issues and the proposed solutions at the 2012 Sunshine Coast Body Corporate industry Expo at Maroochydore on Friday 2 November 2012.

Here is a summary of many of the top issues the lawyers have found in the body corporate industry in Queensland.

Add your suggestions by sending us your issues and solutions at This email address is being protected from spambots. You need JavaScript enabled to view it. or discuss your issues with lawyers and body corporate experts at the expo.

  • Parking problems – must use existing by-law enforcement process. It is too slow. Solution – fines and/or alternate enforcement process.
  • QCAT – jurisdiction and costs. QCAT does not have power to award costs in jurisdictional disputes
  • Adjudication is used as a vehicle for defamation with statutory immunity. Solution – Notice to owner that application has been made. No automatic distribution of application to all owners
  • Layered schemes cannot be collapsed. Solution is an amendment to permit amalgamation of layered schemes into a single scheme.
  • Difficulties with governance and democracy in layered schemes with powers of principal and subsidiary schemes. One solution is to expand the definition of dispute, but applications only brought with leave.
  • Developers sometimes do not handover copies of Development Approvals relevant to the scheme
  • Access to legal representation in complex matters is not automatic at QCAT. Solution – QCAT should be entitled to consider character of the dispute
  • Debt recovery costs are not a body corporate debt. Solution- Recovery costs to be a body corporate debt but liable to costs assessment at instigation of debtor.

 

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