STRATA COMMUNITY EDUCATION SEMINARS 22 MAY 2021 - #smartstrata21 Proudly presented by Foundation Partners
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STRATA COMMUNITY EDUCATION SEMINARS 22 MAY 2021 #smartstrata21 Proudly presented by Foundation Partners
WELCOME TO OUR EXHIBITORS
presented by Foundation Partners
Welcome to the Smart Strata educational seminar explaining the legislative changes impacting strata communities being delivered by industry legal expert Jason Carlson, Grace Lawyers. Housekeeping: ✓ Mobile phones to silent ✓ Amenities ✓ Emergency exits Grant Mifsud, Partner
www.smartstrata.com Each year Smart Strata holds a
seminar series across
info@smartstrata.com Queensland, keeping body
corporate committees informed
#smartstrata and educated on matters of
importance.
Visit the website to see news,
events, education and our
industry suppliers portal.
Grace Lawyers is a strata law firm that
acts exclusively for bodies corporate
and committees.
In 2020, Grace Lawyers was
recognised by the pre-eminent strata
industry body as one of three leading
Strata Services Businesses, and the
only law firm to receive that
recognition.
Jason Carlson is the partner in charge
of its Queensland team. He has also
been a director of Strata Community
Association in Queensland since 2016
and has been on its legislation
committee since 2013. He has been
at the front of the industry advising,
educating and advocating for changes
Jason Carlson, Partner
to Queensland's body corporate
Grace Lawyers legislation.
2020 AMENDMENTS TO THE BCCM
REGULATIONS
The big picture • These new regulations took effect on 1 March 2021 • These are not drastic changes, but there will be some changes to management and administration • Bigger changes should come in 2022
Committee meetings
• Electronic attendance
• “Debtor member” of the committee
• 21 days to decide VOCMs
• A representative of a lot owner can attend,
but not everyone can be a representative
The verdict: you won’t notice any differenceGeneral meetings
• Electronic voting and electronic attendance
can be permitted
• It could be easier to achieve quorums
• Restrictions on powers of attorney
• Acc Module: proxies reduced to 5%
• Group of same-issue motions
The verdict: your strata manager will roll this out in a way that make it easier to
participate in general meetings and, after a few years, you will wonder how we did
it any differently in the pastGroup of same-issue motions on a lease over the rooftop
Same-issue motions
Instructions for voting on a group of motions dealing with
• Votes can be cast on any of them the same issue:
The following motions are proposed as motions dealing with
• A motion that receives sufficient the same issue. A voter may vote yes, no, or abstain for 1 or
votes in favour so it would pass is
then a ‘qualifying motion’ more of the motions in this group.
11A. Lease over the roof top – Special Resolution
• If there is more than one ‘qualifying Proposed by: The Committee
Yes
motion’, then the motion with the THAT the body corporate authorise the grant of a lease for a term No
most votes in favour becomes the
body corporate’s decision of two years over the rooftop of the South Tower for annual rent Abstain
of $10,000 plus GST to the owner of lot 40 on the terms and
conditions of the Lease enclosed with this agenda.
• If there are equal votes in favour, Yes
then the motion with the least votes No
against it wins 11B. Lease over the roof top – Resolution without dissent
Abstain
Proposed by: The Committee
THAT the body corporate authorised the grant of a lease for a
• Ties on both counts are resolved by term of five years over the rooftop of the South Tower for annual
a game of chance
rent of $12,000 plus GST to the owner of lot 40 on the terms and
conditions of the Lease enclosed with this agendaLot owner rights
• A lot owner can now submit motions the committee
must consider
• 6 week decision-making period and extensions
• What if the motion is invalid?
• Limited to 6 motions and can’t re-submit a motion already
decided
• It will be difficult to discern what is, and isn’t, a
motion
The verdict: this was introduced on the assumption that committees are not well-
intentioned, and it may make a bad situation worse for bodies corporate dealing with
nuisance ownersAdministrative arrangements
• Agreements can be reached for electronic
service of notices and secret ballot material
• Shortened notice period for changes to a lot
and updates to roll must occur within 14 days
• A body corporate manager can be authorised to
receive anything that must be given to a
secretary
The verdict: the administration of bodies corporate will be more cost-effective and accessible, so
long as there is a good take up within the communityBenefits / commissions /
insurance
• Prohibition on committee members receiving
benefits from caretakers or other service
contractors
• Disclosure of monetary amount of commissions
and benefits
• The committee spending limit no longer applies to
obtaining or renewing standard insurance
• Reinsurance pool for North Queensland has been
announced
The verdict: these are sensible changes that will increase transparency and efficiency on
insurance availability and renewalsWhat’s on the horizon?
• Better remedies to address bullying and nuisances
• Review of management rights
• Licensing regime of strata managers
• Increasing the power to make and enforce by-laws
• We all need to push for greater resources to be
allocated to the Commissioner’s Office
The verdict: the BCCM Act was introduced to encourage and facilitate the growth of the strata
living – we now need legislation that reflects that strata living has become the normQuestions and discussion Grace Lawyers Level 9, 179 North Quay Brisbane QLD 4000 Level 2, 35-39 Scarborough Street Southport QLD 4215 Brisbane phone: (07) 3102 4120 Gold Coast phone: (07) 5628 3196 E: jason.carlson@gracelawyers.com.au
STRATA COMMUNITY EDUCATION SEMINARS 22 MAY 2021 #smartstrata21 Proudly presented by Foundation Partners
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presented by Foundation PartnersSTRATA COMMUNITY EDUCATION SEMINARS 22 MAY 2021 #smartstrata21 Proudly presented by Foundation Partners
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