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Pet and smoking ban considered in strata shake-up

By Lyall Russell
13 November 2019 | 11 minute read
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Pets and smoking could be banned in strata title communities in Queensland if the state government passes a new law.

Pet and smoke-free by-laws, the ability to issue fines for by-law breaches as well as being able to tow illegally parked vehicles are among the topics being considered in a review of the Body Corporate and Community Management Act.

There are also proposed changes to strata regulations currently out for consultations, which mostly relate to day-to-day body corporate meeting and administrative procedures, Archers the Strata Professionals partner Grant Mifsud said.

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These proposed changes consist of recognising the digital world, including electronic voting and notices, clarifying current practices such as the ability for the committee to renew insurance policies and also allow owners to submit motions to their committees.

“One of the recommendations still to be put forward for consultation within the act is about allowing a building, from when it’s first registered, to have a pet-free by-law in place,” he said.

“Currently you can’t do that, its considered to be oppressive and unreasonable. But under the proposed recommendation, if the majority of owners dont want pets in a building, they can create and enforce a by-law, and similarly, they can create a by-law allowing pets.”

The same principle would apply in strata communities where some owners want their area to be smoke-free and others are happy to allow smoking.

“The purpose of these changes is about making legislation fit the current circumstances of everyday bodies corporate,” Mr Mifsud said.

“There have been new regulation modules released by the government which bring the laws up to date by recognising the digital world, closing loopholes over power of attorney and allowing changes to quorum requirements at body corporate annual general meetings.”

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