On the 29 September 2020 new BCCM Regulation Modules were published that will commence on 1 March 2021. This will include the following Regulation Modules:- 2 Lot Schemes, Small schemes, Standard, Commercial & Accommodation.
These new regulations relate primarily to recommendations made by the QUT about body corporate procedural issues and have been made to modernise Body Corporate procedures, reduce Body Corporate costs and enhance protection for unit owners.
The changes includes changes to committee membership, elections and procedures for meetings.
Some of the main changes include:
Address for service – Your Address for service for the Body Corporate roll can now include your email address. If you include your email address as part of your address for service this gives consent to receive all documents from the Body Corporate by email.
Giving of documents – Documents that the Body Corporate is required to give you or you are required to give to the Body Corporate can now be provided in person, by sending to your ‘address for service’ (including email) or a way agreed to by you and the Body Corporate.
Serving documents on the secretary
Under the new legislation, if an owner is required to give a document to the secretary, they can instead give it to your schemes Body Corporate manager instead.
Body Corporate Roll
Owner responsibility – From 1 March 2021, owners will be responsible for updating their details with the Body Corporate for the Body Corporate roll within 1 month of becoming the owner of a lot, leasing or subleasing is entered into for 6 months or more, engaging a person to rent out your lot, the engagement of a person renting your lot is terminated or you enter into possession of a lot.
Body Corporate Responsibility – The Body Corporate must record the information that is required for the roll within 14 days of receiving the information.
Disclosure of benefits
Changes have been made to the disclosure of benefits under the new regulations.
Included in these changes include that the Body Corporate Manager and the Caretaking Service Contractor for the scheme must disclose any commission, payment or other benefit before a Body Corporate decides to enter a contract (including insurance).
Under the new regulations, the committee can spend above the limit for committee spending to put in place or renew an insurance policy (if it is not a restricted issue).
The committee is now required to supply 2 insurance quotes if the cost of the insurance policy is above the major spending limit for the scheme.
Another significant change to insurance is that information about the Body Corporate insurance policy provided at the annual general meeting must now include the details of any insurance broker or intermediary involved with the policy.
More flexible arrangements where a Body Corporate can choose by Special Resolution to reduce from the voters for a quorum from 25% to no less than 10%
Consideration of Motions from Owners by Committee
Owners will be entitled to submit up to 6 motions within 12 months to the Committee. The Committee will then be required to make a decision on the motion within 6 weeks.
The Body Corporate must include a motion on the agenda of its second Annual General Meeting to decide on whether to have a building defects assessment completed.
A committee member will not be authorised to vote at a committee meeting or by VOC if they owe a Body Corporate debt.
If you would like more information on the amendments, click on the links below: