Body corporate in Queensland, in plain English
Queensland calls it a body corporate, and the rules come from the Body Corporate and Community Management Act 1997 plus the regulation module your scheme runs under. Here is what that means for by-laws, levies, repairs, meetings and disputes — with the Gold Coast specifics that generic guides skip.
Which regulation module applies to your scheme?
The module is recorded in your community management statement and decides your meeting rules, committee obligations and how long a caretaking agreement can run.
| Module | When it applies |
|---|---|
| Standard Module | The default for most schemes with more than a handful of lots. Sets the usual meeting, committee and levy rules. |
| Accommodation Module | Applies where lots are largely used for short-term letting or holiday accommodation — common in Gold Coast high-rise towers with an on-site letting agent. |
| Small Schemes Module | For schemes of six lots or fewer with no letting agent. Simpler meetings, no committee required. |
| Commercial Module | For schemes where every lot is used for commercial purposes. |
| Specified Two-lot Schemes Module | For two-lot schemes with no letting agent — the lightest set of obligations. |
By-laws, levies, repairs and meetings
By-laws
Queensland by-laws sit in Schedule C of the community management statement (CMS). They bind owners, tenants and guests, and cover pets, noise, parking, use of common property and appearance of lots. A by-law cannot be oppressive or unreasonable, and the Commissioner has repeatedly found blanket pet bans invalid. Changing a by-law means recording a new CMS, which usually requires a special resolution at a general meeting.
Levies and the two funds
Owners pay contributions to an administrative fund (day-to-day running costs, insurance, cleaning) and a sinking fund (long-term capital works such as lift replacement, painting and roof renewal). Both are set at the AGM off the budget, and the sinking fund must be supported by a forecast covering at least nine years. Unpaid levies attract penalty interest of up to 2.5% per month if the body corporate has resolved to charge it, and lots more than two years in arrears can be recovered through court.
Repairs and common property
The body corporate must maintain common property in good condition — the structure, roof, external walls, common plumbing, lifts, pools and gardens. Owners maintain their own lot. In a building format plan the boundary is usually the centre of the floors, walls and ceilings, so a leak inside your unit can still be a body corporate job. Utility infrastructure servicing more than one lot is generally common property regardless of where it runs.
Committees and meetings
The committee is elected each year at the AGM and holds a chairperson, secretary and treasurer plus ordinary members. Most decisions are made by ordinary resolution at a general meeting or by the committee between meetings. Owners can put a motion on the AGM agenda, vote in person or by proxy (proxies are limited), and can ask the committee in writing to act — the committee must respond.
Caretaking and letting agreements
Many Gold Coast schemes have a caretaking service contractor and an on-site letting agent, often the same business, engaged under long-term agreements. Term limits apply (10 years under the Accommodation Module, 10 years under the Standard Module), and the body corporate must review performance. These agreements are the single biggest recurring cost in many towers, so residents are entitled to see the contract and how it is being managed.
Short-term letting
Queensland by-laws cannot prohibit short-term letting outright — use of a lot for residential accommodation includes letting it. Councils regulate it separately; the City of Gold Coast requires registration and a local approval for short-stay accommodation in many circumstances. The body corporate can still enforce by-laws about noise, rubbish, parking and use of common property against short-stay guests.
How to resolve a body corporate dispute in Queensland
- 1Talk to the other party or the committee first — self-resolution is expected before anything formal.
- 2Put it in writing to the body corporate (Form 1 dispute notice, or a written request to the committee).
- 3Apply to the Commissioner for Body Corporate and Community Management for conciliation.
- 4If conciliation fails, apply for adjudication — a written decision by a departmental adjudicator, and the usual endpoint for by-law, levy and record disputes.
- 5Appeals from an adjudicator's order go to QCAT, but only on a question of law.
Gold Coast: what comes up most
High-rise defects
Towers built through the 2000s and 2010s commonly show balcony waterproofing failures, window and facade sealant breakdown and concrete spalling. Defects in common property are the body corporate's to pursue, and statutory warranty and limitation periods bite early — get an engineer's report before the argument, not after.
Salt air and coastal maintenance
Beachfront buildings corrode faster: balustrades, railings, fixings, lift machinery and air conditioning all need shorter renewal cycles than an inland scheme. A sinking fund forecast copied from a generic template usually under-funds this.
Holiday letting and mixed use
A tower with permanent residents, investor lots in a letting pool and short-stay guests has three groups with different priorities. Most Gold Coast disputes trace back to that split — noise and pool use, security access, levy allocation and how much the caretaker is paid.
Pools, lifts and shared plant
Pool fencing compliance, lift maintenance contracts and fire safety are non-negotiable common property obligations with real penalties, and they show up first in the sinking fund forecast.
Common questions about body corporate in Queensland
Can a body corporate ban pets in Queensland?
Not with a blanket ban. Adjudicators have consistently held that a by-law prohibiting all pets is oppressive and unreasonable, and therefore invalid. A body corporate can require you to seek approval and can set reasonable conditions, but a request cannot be refused unreasonably.
Who pays for a leaking balcony in a Queensland unit?
It depends on the plan and where the failure is. In a building format plan the balcony slab, membrane and structure are usually common property, making waterproofing failure a body corporate responsibility, while the tiles and fixtures inside your lot are generally yours. Get the source of the leak identified in writing before liability is argued.
What happens if I don't pay my body corporate levies?
The contribution stays a debt, penalty interest of up to 2.5% per month can apply where the body corporate has resolved to charge it, recovery costs can be added, and you lose your voting rights on most motions while in arrears. Disputing a levy is a separate process from paying it.
How do I report a repair to the body corporate?
Report it in writing to the committee or the body corporate manager, describing the location, when it started and any damage, with photos. Keep the written record — a written request starts the clock and is what an adjudicator will look for later. StrataQ logs the issue, sends it to the right person for your building and tracks the status for you.
What is the difference between the Standard Module and the Accommodation Module?
Both are regulation modules under the BCCM Act. The Accommodation Module applies where lots are mainly let short-term, often through an on-site letting agent, and it allows longer caretaking and letting agreement terms and slightly different meeting rules. The Standard Module is the default for ordinary residential schemes.
How do I resolve a dispute with my body corporate?
Try self-resolution, then put the dispute in writing, then apply to the Commissioner for Body Corporate and Community Management for conciliation. If that fails, apply for adjudication. QCAT only hears appeals on questions of law.
Can I see the body corporate records?
Yes. An interested person can inspect the body corporate roll, minutes, budgets, financial statements, insurance details and contracts, and get copies, by written request and payment of the prescribed fee.
Do I need approval to renovate my unit?
Cosmetic work inside your lot generally does not need approval. Anything touching common property, structure, waterproofing, plumbing or the external appearance of the building does — usually by committee approval or a general meeting resolution, sometimes with conditions recording your ongoing maintenance obligation.
Where these rules come from
Question about your own building?
Ask the concierge about your by-laws, your levy notice or a repair. It's free, there's no login, and if it needs to become an issue it goes to the right person for your scheme.
Ask the conciergeGeneral information about Queensland body corporate law, not legal advice. Check the BCCM Act and your community management statement, or speak to a qualified adviser, before acting on anything significant.