New
legislation may be enacted to force Queensland unit owners to sell their homes
against their intentions if 75% of the property owners in the complex agree.
The existing Body
Corporate and Community Management Act 1997
(Qld) may only force
unit owners to sell their home if the body corporate has 100% votes in favour
of it.
The amendments to the current laws have come about after a recent review and
report by the Commercial and Property Law Research Centre at the Queensland
University of Technology as commissioned by the Queensland Government. As a
result of the review the Department of Justice and Attorney-General are now
conducting a public consultation process which ends on 5 May 2017.
The report details recommendations which suggest that if a dissenting owner
wishes, they may apply to the District Court within three (3) months to decide
whether or not the termination plan should proceed. This recommendation is
based upon the current New South Wales reformed body corporate legislation
which commenced on 30 November 2016.
Under the reformed New South Wales legislation, lot owners of any scheme,
regardless of the age of the scheme or its state of repair, may with the support
of 75% of the other lot owners, approve a plan for the collective sale or
redevelopment of the scheme. Western Australia is currently considering draft
legislation that will implement similar changes.
If the new legislation is adopted it may still require several steps to be
followed to develop a strata termination plan. The plan may include two (2)
cooling-off periods and afterwards the owners would be given the opportunity on
whether to move forward with the termination of an owner.
The proposed amendments are due to come into effect later this year (or early
next year). These changes will deal with issues regarding outdated and often
deteriorating unit blocks that are being maintained at great expense.
Generally, the outdated and deteriorating unit blocks are situated on prime
real estate which are in demand by developers to build better and safer
apartments. This is an ever changing and interesting area of law and unit
owners and body corporates alike should avail themselves of these suggested new
laws.
For further information please contact our office on 07 5586 9955.
Katherine (08) 7919 7019
2/46 Chardon St