Body Corporate regulations

The State Government is moving forward with proposed changes to the Body Corporate and Community Management regulations and modules.

Key points:

  • Institute supports regulation change proposals to streamline procedures
  • Institute makes series of recommendations via a submission to the State Government

The Institute has supported regulation change proposals that streamline and modernise community management procedures and the requirements on developers, committees, owners, caretaking contractors, and body corporate managers.

In its latest input we recommended:

  • The requirement for the development approval to be supplied to the first AGM is limited to avoid the provision of excessive documents and potential for errors.
  • The Facilities Management Plan be varied to have an outlook expectation of three years consistent with the administrative fund forecast, permit reference to a Facilities Management Plan in caretaking agreements (a prescribed disclosure document), clarify that the Facilities Management Plan does not pre-empt major capital works or cover areas relevant to the sinking fund forecast, allow for changes in technology, and enable the Facilities Management Plan to be included or referenced in a community management statement.

The Institute also recommended the defect assessment motions element of the regulations is removed and addressed if necessary, through building construction legislation.

The Institute also emphasised the need to acknowledge the special position of a developer in a scheme to

facilitate the delivery of the project and ensure its future operation and the investments of owners.

This would be supported for multi-level schemes by allowing for a resolution to be passed to reduce or increase the number of principal scheme committee members and that the number of committee members can be recorded in and set by the community management statement. Also, that transitional arrangements are required for the regulations.

The Institute’s most recent submission can be found here.

If you have any views on the issue, please contact Manager of Policy, Martin Zaltron at on (07) 3229 1589.