Queensland residents face the prospect of being banned from smoking on unit balconies.
But in the raft of changes under new strata laws now in effect in the state, unit dwellers will no longer be unreasonably banned from having pets at home.
The state government’s legislation, which Attorney-General Yvette D’Ath said was aimed at “improving liveability for the growing number of people residing in body corporate communities”, came into effect on Wednesday, May 1.
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“The laws must also evolve to meet the current and future needs of the growing number of Queenslanders who are choosing apartments and other communal based arrangements,” she said in August last year.
Here’s what you need to know.
Pets
Body corporates are no longer allowed to make by-laws placing blanket bans on pets in unit complexes.
However, pets must be kept in a way that would not “pose an unacceptable risk to the health and safety” to residents or “unreasonably interfere” with their “use and enjoyment” of their homes, according to the legislation.
“It’s a relaxation of a restriction around pets,” Nicky Lonergan, from strata services firm Archers, told 7NEWS.com.au.
“It’s not a free-for-all on pet ownership. It’s a relaxation that you (a body corporate) can’t unreasonably say, ‘no’.”
D’Ath said the changes will allow for a “balance” of interests, with a body corporate able to apply conditions on pet owners to “ensure the amenity of others is not negatively affected”.
Another new rule, for example, allows body corporates to tow vehicles from common property if they block access or create a hazard.
Smoking
In the most contentious provision of the legislation, smoking on a person’s own balcony can be banned by a body corporate.
The act sets out that outdoor areas, including a balcony, courtyard, patio or verandah, can be included in body corporate by-laws prohibiting smoking or vaping.
According to Lonergan, the measure “reflects” a series of rulings by authorities, including the Body Corporate Commissioner.
In January 2022, the commissioner placed a ban on a woman smoking on the balcony of her Gold Coast unit over a neighbour’s complaints of “relentless and unbearable” second-hand smoke.
“You can still smoke within your property,” Lonergan said of the changes.
“The essence of the change is allowing people to live free of second-hand smoke. When you sign up to community living, you sign up to a set of rules.
“And those rules can be enforced as a part of the now changed legislation.
“Whilst it may feel restrictive, it is making sure that those rules are put in place for the protection of all and it’s a critical part of the fabric of living in that community.
“It’s not about making smoking illegal. But it’s being respectful in a shared environment and people’s right not to be impacted by second-hand smoke.”
Winding up
A body corporate no longer needs unanimous support to wind up and sell their assets for redevelopment.
Instead, a body corporate can be wound up with just 75 per cent support to do so.
Will that lead to a spate of unit complexes being knocked down and rebuilt? Lonergan is unsure.
“It’s pretty much a watch-this-space situation,” she said.
“It’s quite complex, and not having had an opportunity to go through those steps, it’s very hard to make comment on it.
“There are significant notice periods between steps and several steps that are involved.
“You’ve got to get a pre-termination report, which will likely involve an accountant, or a quantity surveyor to look at the value. But it also might need a structural engineer — those sorts of things.
“So it still is a very consultative process and there still are steps along the way where you can dispute that.”
There will also be the opportunity for people to appeal the decision as a specialist adjudicator.
“So for people who don’t want to sell, there still is the ability to challenge that process along the way,” Lonergan said.
Sunset clauses
According to D’Ath, people who have bought units off the plan (pre-build) have been blindsided when developers invoke a sunset clause to terminate the sale contract and re-list the dwelling at a higher price.
The new laws will force developers to gain the written consent from the buyer or a Supreme Court order to invoke a sunset clause to terminate the contract.
