It has been interesting to note the significant change in emphasis that New South Wales (NSW) and Queensland have had in their review for the future of the strata and community title industry in their constituencies. 

The reviews give further indication that the growth of community living styles in both States is increasing and Governments are wisely engaging the community to ensure that legislation and regulations reflect this new lifestyle for the 21^st century. 

Both States received comment from more than 100 submissions and NSW has 59, 797 schemes - almost twice the number of Queensland. 

More than 90% of the comment to the NSW discussion paper came from Sydney, indicating that legislation and issues are designed more for owner-occupiers and long-term tenants and dominated by Sydney experiences. 

QRAMA has spent considerable time in its response to the Queensland discussion paper, commenting on more than 45 of the 66 questions asked within the paper. 

Unlike NSW, our BCCM and companion PAMDA legislation address both our holiday industry and holiday letting issues as well as owner-occupiers and long-term letting and recognises the major impact holiday letting has in attracting national investment and national tourists to our State. 

During the past decade, as our permanent and holiday letting and investor markets expanded so rapidly, there has been an increasing trend in Government to ensure that governance issues and accountability were in place and more transparent. 

Just recently, the State Government announced its intention to have all local authorities develop a code of conduct for councillors, in line with the trend in professional and service industries for such documents and the commitments associated with them by all professionals and operatives. 

We in QRAMA have long advocated codes of conduct within our industry and have been pleased to support the initiatives over the years of the Office of Fair Trading in its development of codes for a diversity of industries including our own. 

In our submission to BCCM we have urged the Government to expand the role of the code of conduct in our industry, not just for restricted letting agents who manage buildings and real estate agents and body corporate managers and their teams, but also to those who represent the owners, the chairpersons and committee members of the bodies corporate. 

In our submission we have pointed out that there is a requirement for the service providers and professionals to have a strong working knowledge and understanding of the legislation. 

At present there is no such requirement for this to be a prerequisite for the chairman of a body corporate or any of his or her committee members. 

At present the chairperson of a body corporate has in reality, one function, to chair body corporate general meetings and committee meetings, although many of them believe they have the power of oligarchs. 

Chairpersons and committee members may have business experience but they are at present not required to have a knowledge of the legislation in which they have a role in making decisions on behalf of fellow investors on the common assets of their investment and the future of the entity and its total capital assets.

 In the discussion paper, a number of questions were directed towards education levels of various people involved in the management and servicing of buildings on behalf of owners and the body corporate. 

QRAMA has strongly recommended that the education of owners, investors and all service providers becomes an important reform within the industry. 

Existing owners and all those new lifestyle owners and investors need to know the intricacies of community life and its benefits and requirements rather than simply taking for granted that everything will be all right. 

We believe that it is important for each sector within the industry to assist in any community living education programs for new owners, occupants and stakeholders so that all parties can better understand not just the individual properties and buildings, but also in the neighbourhood, where more concentrated living numbers have the potential to create new problems. 

There are some wonderful benefits available through community lifestyle, but there is a need for people to be aware of the rules and regulations and that living in mixed buildings, especially where there are holidayers and permanent residents, that there is a need for compromise in some instances and mediation to help settle lifestyle issues. 

QRAMA has welcomed this important review of the legislation because for the first time the Government is looking to resolve issues now, before they arise as new types of development emerge. 

The last two legislative reviews have done much to bring our industry into the 21^st century.  Now it is important that with the foresight that has come from this round of discussions and meaningful contributions by all stakeholders, that we again have sound foundations to operate over the next 20 years. 

QRAMA has also raised the issue of transfer fees, a late addition into the 1997 legislation and an area with  operating details which are  grossly unfair. 

We have also advocated further research and innovative approaches to those schemes which provide for tourist accommodation and that operate within the BCCM framework. 

This is a major growth area in Queensland and one that offers a great range of opportunities if proper incentives and sound policy is made available. 

Arising from this has been the issue of the tired and outdated buildings and the termination of schemes.

 Our industry needs to deal with this issue responsibly and there are some insights into the best way of managing the issues that flow from properties who have reached their  “use by” date, which are fair and equitable to all owners and stakeholders. 

As we work and operate in a growing and dynamic industry, it is important that all stakeholders and stakeholder groups keep continually working with each other and the legislators to remain proactive and that we do not return to the days of last century, when we tended to be reactive in confronting and addressing issues.