Whilst it was unfortunate the decision to call the State Election was made before important amendments to the BCCM Act (which had just been introduced into the Parliament) were yet to be debated and voted on, the recognition by all parties on the need to keep updating the legislation is very welcome. 

The latest amendments were a very positive and practical measure to improve the dispute resolution processes for community title schemes. 

Let’s face it, nobody likes disputes and arguments. They interfere with the important things in life but there remains a real need for certainty and understanding. 

Few people really understand the complex nature of the legislation, under which all sectors of the strata and community titles industry operate. The legislation is now almost 300 pages of chapters and clauses and supported by another large volume of regulations needed to detail the processes and mechanics on how the actual Act is to be administered effectively, protecting the rights and obligations of all parties.

The new legislation is an important step because it reflects the importance of the current need to work together to minimize many of the issues and disputes that create concerns and worries as well as bitterness. 

As a manager I am required to study the Act in some detail because it outlines all the obligations that I have as a resident manager, my responsibilities, accountabilities and my performance requirements. 

The new legislation was moving along the track to ensure that more stakeholders, especially owners and investors and members of the Body Corporate Committee, recognised they have to take responsibility to understand what is required from them and for all parties to make sure the total scheme runs efficiently for all. 

QRAMA was pleased to see the legislation identified the need for a Code of Conduct for committee members and that this included a provision to remove committee members who do not observe the Code. 

In the past year, the Government has allocated some $1.6m to develop an online education program and campaign for people in the industry, especially owners and investors to better understand the complexities of strata and community title ownership. 

The tight community of interest network really needs to understand what is needed in a very practical sense, for all parties to contribute to a happy and buoyant community and lifestyle.

We at QRAMA believe that while it is important to have dispute resolution procedures, it is also important to look at more than dispute resolution processes, and to address the issues that cause disputes. 

Now many of these can be addressed in the development of the regulations, but it is important to recognize that all too often, disputes arise through a lack of knowledge and certain parties taking a stand without fully understanding the requirements and the role of the other party. 

We at QRAMA believe that many owners fail to recognize that we are like them, investors in the scheme, with a very genuine desire to make the operations of the scheme operate harmoniously on a day to day basis and to add value to everyone’s investment and capital asset. 

As the explanatory notes to the new legislation point out, there are currently more than 33,000 community title schemes with more that 303,000 individual lots. Community titles scheme take in many forms including duplexes, home unit blocks, townhouse complexes, high rise apartment buildings and some commercial premises. 

This is an important industry for Queensland as it contributes significantly to our largest industry, tourism. 

To that end, we at QRAMA are concerned the new legislation did not allow a body corporate to determine its own position by proper voting processes. 

We remain concerned that one owner is still able to have reasonable and supported decision overturned on a technicality by an adjudicator. 

For too long, the industry has had to face issues where individuals have chosen to dissent from fair and reasonable decisions by the majority of owners and it has denigrated the reputation and respect for this type of ownership and investment. 

It must be remembered that under this innovative legislation, home owners and investors can own and occupy residences which have every 21^st century facility, many of which can not be found or afforded in an individual dwelling. 

The need for laws and rules is understood, but it is high time that all stakeholders looked positively at resolving what causes disputes and how we may all go responsibly and proactively to address these matters so that issues can be resolved before there are disputes. 

We all have an obligation to understand the complexities of the administering legislation and we all have to use our life skills to ensure that we get on with the special life opportunities that are now available for owners and investors of this relatively new form of community ownership.