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6 October 2017
Property Developments
Property Law Review Issues Paper: Consistency between the BCCMA and BUGTA
The Commercialand PropertyLaw Research Centre
at the Queensland Universityof Technology(QUT)
has releasedan Issues Paper on ‘Consistency
between the Body Corporate andCommunity
ManagementAct1997 and the Building Units and
Group Titles Act 1980’ (Issues Paper).
The Issues Paper is partofQUT’s broader review of
Queensland’s propertylaws.
BCCMAand BUGTA
The Body Corporate and Community ManagementAct
1997 (Qld) (BCCMA) governs mostofQueensland’s
communitytitles schemes. Itarguablyprovides more
flexible and contemporarymanagementof community
titles schemes than the earlier BuildingUnits and
Group Titles Act 1980 (Qld) (BUGTA).
The Issues Paper considers:
• the continuing operation of BUGTA with respect
to a few developments in Queensland
• options for harmonising BUGTAand BCCMA
Why have the Issues Paper?
The communitytitle schemes whichstill operate under
BUGTA include:
• The Paradise Centre,Surfers Paradise
• SanctuaryCove Resortand Hope Island Resort,
Hope Island
• Royal Pines Resort,Benowa
• Cypress Gardens RetirementCommunity,Clear
Island Waters
• Couran Cove Island Resort,South Stradbroke
The Issues Paper considers whether a staged
transition from BUGTAto BCCMA is desirable,
whether the effortis worth the resultand how the
transition could be enacted. A transition mayresultin
the reduction ofred tape,improved consumer
protection and a more consistentlegislative approach.
However,amendments to or the repeal ofBUGTA may
have unintentionalconsequences. The Issues Paper
therefore also considers alternative options for
harmonisation ifa transition is not/unlikelyto be of
benefitto lot owners and the community.
Conclusions from the Issues Paper
The Issues Paper concludes thatanylegislative
amendments to bring BUGTAin line with BCCMA will:
• be a lengthyand time consumingprocess
• require significantcommitmentofresources
• require consultationbetween local and state
government,and lotowners and bodies corporate
Further information
We will keep you updated with this evolving issue.
If you require assistance with your communitytitling
matters in the meantime,please do nothesitate to
contactus on details below.
*Disclaimer
The information contained inthis updateis intendedas a guide only.
Professional advice should be sought before applying any of the
information toparticularcircumstances.Whileeveryreasonable care
has beentaken inthepreparationofthis update, MinterEllis on does
not accept liability for any errors it may contain.