In last week’s Strata Essentials webinar, the Body Corporate and Community Management’s Nathan Francy and Nikki Vardanega delivered a thorough, practical update for Queensland strata stakeholders. Covering everything from commission disclosures and pet approvals to voting mechanics and the new body corporate certificate, the session offered essential insights for committees, body corporate managers and owners navigating body corporate life in Queensland.
QLD Strata Essentials: Navigating Disclosures, Pets, Voting & New Body Corporate Certificate
Disclosure obligations for strata decision-makers
The BCCM emphasised the importance of transparency when entering into contracts. All committee members, managers and caretakers must disclose any benefits or commissions they receive, or risk penalties of around $3,700 (20 penalty units). This includes anything of value, from money to a bunch of flowers.
- Associations must be disclosed, including ties to suppliers (e.g. family businesses). Associates are defined in Section 309 of the Act.
- Use Form 35 to declare commissions and benefits. You can download the form here: Notice of disclosure for entering a contract. This form can be used by a body corporate manager or caretaker to notify the body corporate of associate relationships as well as commissions, payments and other benefits.
- Transparency is key to preserving trust and avoiding future disputes.
Understanding voting and abstentions
Voting rules vary depending on the type of resolution or meeting:
- Ordinary resolutions at general meetings: More yes votes than no votes = motion passed. Abstentions are not counted.
- Special resolutions: Abstentions are not counted, but no votes are limited to 25% of total lots or entitlements.
- Resolutions without dissent: Any no vote fails the motion; abstaining does not count as a no.
- Committee meetings: Majority of those present and voting. Abstentions are not voting, so they reduce the total number voting.
- Voting outside of committee meetings (VOCMs): Majority required of all eligible committee members, including those who abstain or don’t vote.
Pet approvals and Section 169B
The four-step process for considering pet applications following legislative changes in May 2024:
- Review your bylaws: Identify if they’re permissive, prohibitive or reserved to a general meeting.
- Check for reserved issues: If a restricted issue, decisions must go to a general meeting. This can be costly and time-consuming.
- Keep good records:
- Owners must submit written requests (use Form 31).
- Body corporates must provide written decisions (use Form 32).
- Make a decision:
- Conditions must be reasonable and appropriate.
- Body corporates must not unreasonably withhold approval.
- If no decision is made in time, deemed approvals apply. This is 21 days for committee decisions, or 6 weeks from notice for general meetings.
It’s now clear that blanket “no pets” bylaws are invalid. Conditions should address genuine health, safety or legal risks, not hypothetical nuisances.
Real-life case: Bayview Tower
The BCCM shared two adjudication cases at Bayview Tower:
- Pre-2024: A zero-risk approach to health concerns was accepted; a pet approval was denied despite reasonable proposals.
- Post-2024 changes: The same approach was deemed potentially unreasonable, especially when no conditions were considered.
In another twist, an owner’s claim under section 181 (assistance dog) failed because the dog’s registration alone did not prove it met the legal definition.
The prescribed fee for the new body corporate certificate (Form 33)
Coming into effect 1 August 2025, this certificate replaces the old disclosure statement under section 206.
- Required for all existing lot sales (not off-the-plan).
- Form 33 (or Form 34 for two-lot schemes) is now available for download.
- You can pre-fill static details (e.g. bylaws, plans) now to save time.
- The prescribed fee of $84 was set by the QLD Government, not the BCCM. If additional costs apply for the body corporate manager to fill in the form, any charge above the $84 prescribed fee must be covered through the body corporate management contracts and paid by the body corporate.
Any committee member or manager can complete the form, but only authorised signatories (e.g. chairperson, secretary) may sign it.
There seems to be some confusion over the communication of this matter in the webinar. To clear up the confusion and provide a true recount of the conversation concerning the handling of the prescribed fee, who can fill out the form, and who pays any additional charges between the prescribed fee and the fee charged by a body corporate manager, you can watch this section of the recorded webinar:
Nathan Francey’s comments about the new body corporate certificate have been provided in this transcript:
“The short answer is, the BCCM office did not set the fee. It’s a prescribed fee, which means it’s in the legislation. It’s set by the government. If you’ve got an issue with the fee, you need to write to your local member of parliament because they are the ones who can change prescribed fees. Our office has absolutely nothing to do with setting fees. Sorry, but that’s the truth.
We also look at it from the point of view of the form itself. Yeah, it’s 10 pages. We know it’s long. However, a lot of it only needs to be filled in once. If your bylaws don’t change very often, cool, great. That makes it easy for you. Give them the bylaws. You don’t have to change it.
Your format plans, your regulation modules, your lot entitlements, those things almost never change. So, you can download the form and fill it out, I want to say half of it, today, and you will never have to change it. So, don’t look at it thinking, “Oh, it’s a 10-page form. We’re going to have to do it every time someone sells a lot.” You don’t. You can fill it out now and just have it saved, ready to go.
Same thing for a lot of the levy information as well. StrataMax can auto populate a lot of things for you. I’m not a body corporate manager and I won’t claim to know everything they do, but from what we’ve been told, things can be auto populated, so it won’t take too much time to do, especially if you have pre-saved copies.
I get that there will still be work involved and that this $84 fee may not cover it, but then, body corporates are allowed, sorry, body corporate managers in their contracts will have extra fees. They might have an hourly rate. They can charge that difference if it’s in your contract. That’s totally fine.
Our office, we didn’t set the $84 fee. We understand that it may not cover the work that’s being done. But there are ways to mitigate the time that it takes to fill out these forms. If they don’t want to do it, they can tell the committee to do it themselves. If they don’t believe that they’re recouping their costs for the work that’s being put into it, sure, tell the committee to do it because the body corporate is being paid the $84 fee, not the manager. We understand that. It’s totally fine.”
We encourage all owners to take action. As Nathan mentions, if you are an owner in a body corporate and you are concerned about paying fees that relate to another lot owner’s sale of their property, contact your local member and express your concerns.
Additional thoughts and tips about the new body corporate certificate
- Required for all existing lot sales (not off-the-plan).
- Form 33 (or Form 34 for two-lot schemes) is now available for download.
- You can pre-fill static details (e.g. bylaws, plans) now to save time.
- The prescribed fee of $84 was set by the QLD Government, not the BCCM. If additional costs apply for the body corporate manager to fill in the form, any charge above the $84 prescribed fee must be covered through the body corporate management contracts and paid by the body corporate.
Final Thoughts
- All body corporate costs, including for meetings to assess pet applications or prepare certificates, must be paid from the body corporate. These fees cannot be passed onto individual lot owners.
- Use the BCCM website and subscribe to their newsletter Common Ground.
- Owners have the right to submit quotes and motions to the committee. Get involved and stay informed.
Presentation slides
Download the slide pack from the presentation here: QLD Strata Essentials
Please note: the information in these slides was correct at the date of publish, July 2025. Please check for any changes to the QLD Legislation or reach out to the Office of the BCCM directly.
Presenters
Nathan Francey & Nikki Vardanega Information and Community Education Unit Office of the Commissioner for Body Corporate and Community Management Department of Justice Ask a body corporate question P: 1800 060 119
Resources Mentioned
- BCCM Form 33: Body corporate certificate
- BCCM Disclosing commissions, payments or other benefits
- BCCM Form 35: Notice of disclosure for entering a contract
- BCCM guide to animals in a body corporate
This post appears in Strata News #752.
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Read next:
- QLD: Disclosure of Commissions and Benefits
- QLD: Your secret weapon! How owner motions can shape your body corporate
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