Most of the changes to the Unit Titles Amendment Act will take place next month on 9th May 2023 and allow for greater flexibility in relation to utility interests and charges to unit owners.
The changes that come into force include:
- Ability to reassess utility interests using multiple sets.
- Meeting and voting matters – i.e., new section 101, which clarifies BC resolution thresholds (but excluding electronic voting – see below)
- BC Chairperson and Committee elections – including must have paid levies, BC Chair is Committee Chair, director or employee can be nominated.
- Committee meetings – agenda, keep written records, must be financial to vote, etc.
- Committee - Code of Conduct and Conflict of Interest regime
- AGM agenda - must include Committee conflict interests register.
- Body Corporate Managers – their definition, functions, Code of Conduct, Conflict of Interest regime (but excluding clauses to be in BC Management service agreements – see below)
- Large Bodies Corporate – including the requirement to engage a BC Manager (but excluding LTMP matters – see below)
- New disclosure regime – including new form of PCDS.
- Requirement for BC to keep records to comply with disclosure regime.
- Original owner obligations re service contracts and signage agreements (and savings provisions)
- Tribunal jurisdictions increase to $100,000.
- Tribunal filing fees - $250 (mediation) and $500 (hearing)
- Various other minor edits in sections and regulations
The changes that come into force on 9 May 2024 are:
- Requirement on BC to produce certain records to the Chief Executive on request – s10(2)
- Electronic voting for unit owners – s17 (we expect some regulations to accompany this – but not released yet)
- LTMP matters for Large Bodies Corporate – s23, s34 (re 157C), s58, s59.
- Government’s ability to make rules re reasonable legal costs on levy recovery matters – s38.
- Tenancy Tribunal powers and Chief Executive powers – s24, 26, 35(4)&(5), 37, 38, 39, 40, 41
- Government’s ability to produce Regulations regarding what documents a BC and BC Manager must retain – s42(1)
- Administrator matters – s29.
- Clauses that must be included in a BC Management service agreements – s57 (re new Reg 28C)
If you have any questions in relation to the Amendment Act, please contact our Body Corporate team via [email protected].
Or you can read more about the Amendment Act on the Unit Title Services website.
