In 2014, the Queensland Government commissioned a review of strata laws to modernise the Body Corporate and Community Management Act (1997).
In August this year, The Body Corporate and Community Management (Standard Module) Regulation 2008 for Queensland was released with proposed changes that are intended to will streamline Body Corporate procedures. New draft regulations have been released for consultation.
Media reports have suggested that pet-free and smoke-free by-laws are among the issues being considered by the state government, with one recommendations still to be put forward for consultation to allow a building, from when it is first registered, to have a pet-free by-law in place.
Under the proposed recommendation, if the majority of owners want pets, they can create a by-law allowing pets. If most owners don’t want pets in a building, they can create and enforce a by-law that does not allow pets.
In theory, there would be pet-friendly and non-pet friendly buildings.
It sounds straightforward for buildings yet to be built. A developer will be able to create a lawful by-law prohibiting pets and allow them to market buildings as pet free, which is not possible under the current statutory regime. At least everyone would know where they stand from the outset.
Of concern though is a suggestion that existing buildings can adopt a ‘no pet’ by-law by a resolution without dissent.
There’s something uncomfortable about a resolution that has no votes cast against it. Things are beginning to seem a bit ‘grey’ in the case of existing buildings. And what about changes in the ownership make-up?
Careful consideration needs to be given to this very emotive issue when it comes to changing and creating laws that affect homeowners.