When Caretaking Agreements Conflict With New BCCM Regulations: What Are the Options?

QLD

Management & Agreements

This article discusses how a caretaking agreement BCCM conflict may be addressed when agreement terms become inconsistent with later regulations, and what options are available to resolve the issue.

What happens if a caretaking agreement becomes inconsistent with later BCCM regulations?

What happens if a caretaking agreement becomes inconsistent with later BCCM regulations? Could an adjudicator determine if there is a significant inconsistency requiring a deed of variation? Could we undertake a statutory review? Would this situation meet the strict criteria for a review?

Typically, the agreement would have a clause that deals with this circumstance.

Typically, the agreement would have a clause that deals with this circumstance. For example, it could say any clause that is invalid is severed (or ignored) from the agreement.

An adjudicator would not make a determination that a clause is invalid. A specialist adjudicator or QCAT may, but a deed of variation is a voluntary process by each party that would amend the terms of the agreement. This is usually the best solution.

A statutory review only relates to remuneration or duties (and only applies in limited circumstances), so would not apply here.

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Published: 25 Mar 2026

Last Updated: 7 Jul 2026

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Answer by

Todd Garsden

Mahoneys

Todd is an experienced property lawyer who heads up Mahoneys body corporate team.

Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.

Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.

As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.

Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.

Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.