September 2025
Hello clients, friends, and industry colleagues,
Welcome to the September 2025 edition of STRATA INSITE from Bugden Allen. In this issue we cover key regulatory changes—most notably Queensland’s new seller disclosure laws—alongside case reviews and legal articles from our expert team.
We’re also excited to launch our national insurance law service, led by Julia Moroz, with her new 3-part series on s23A of the Owners Corporations Act 2006 (Vic). Plus, don’t miss our new Q&A section, highlighting key questions answered by our team this quarter. And make sure you download our comprehensive toolkit on Scheme Terminations (sometimes known as collective sales).
Please reach out if we can assist with anything arising from this newsletter, or you would like us to present a topic or two in more detail.
FEATURED ARTICLES
💡A New Era for Strata Contracts: Unfair Terms Now Banned in NSWFrom 1 July 2025, unfair contract terms in NSW strata agreements are unlawful. OC's can challenge one-sided clauses in contracts, with penalties for providers who rely on them. Now is the time to review your agreements. |
💡Disclosure or Exposure? Navigating the legal traps in QLD's new Seller Disclosure regimeQLD's new seller disclosure regime adds significant new obligations for sellers before a contract can be signed. Stakeholders face a complex framework where mistakes can give buyers a right to walk away. |
💡 Strata Scheme Termination Toolkit
Our team has developed a practical toolkit for owners, committee members, and strata managers in NSW, QLD, and VIC considering a scheme termination (or collective sale). Termination can be complex and daunting, but this toolkit simplifies the process, explains the available methods, and includes helpful templates.
NSW Updates
💡 NSW Tenancy Reform: New Privacy & Disclosure Rules introduced
The Residential Tenancies Amendment Bill 2025 introduces stricter rules on tenant data, rental advertising, and record-keeping. Our NSW team explains the key changes.
💡 Strata law changes live from 1 July 2025
As we reported in our last edition, significant changes to strata and community title laws in NSW are now active as of 1 July 2025. You can catch up on all the major changes in this article by Solicitor Coco Chen:
💡 NSW Fair Trading's Strata Building Health Check campaign
This new campaign includes a dedicated webpage to guide owners on how to identify, ask for and organise repairs and maintenance, and highlights the costs and risks of building neglect.
QLD Updates
💡 The New BCCM Form 33 - An urgent compliance issue for committees and managers
Queensland’s new BCCM Form 33 requires bodies corporate with Registrar’s Standard Statements to provide consolidated by-laws. Learn what this means for compliance and how Bugden Allen can help committees and body corporate managers avoid risk.
💡The Grove... finally cut down to size – What It means for Bodies Corporate
The Koya decision ([2025] QCATA 68) overturned Grove, giving lot owners fresh rights to challenge charges without delay—reshaping the balance between owners and bodies corporate.
💡 Open Sesame! … The doors are open to change your contribution schedule lot entitlements.
The Queensland Court of Appeal in Anchorage One v Huang ([2025] QCA 84) confirmed that material changes—including shifts in expenses—can justify adjustments to contribution schedule lot entitlements (CSLEs). Our Queensland team breaks down the implications for levies.
💡 Re-Establishing a Body Corporate: Avoid a DIY Disaster
If your scheme has been DIY-run and a sale is falling through due to missing records, our Queensland team guides you through the legal steps—including emergency AGMs and essential documents—to get your body corporate legally re-established.
VIC Updates
In this 3-part series, published on LinkedIn Pulse and available on our web site, Julia Moroz looks at section 23A of the Owners Corporations Act 2006 (Vic) and how this provision allows OC's to pass some insurance-related costs onto lot owners.
💡Part 1: Recovering Insurance Costs from Owners Under Section 23A
Section 23A allows OC's to recover insurance-related costs directly from lot owners where damage or higher premiums result from their conduct. Julia unpacks the practical implications for owners and managers.
💡Part 2: When insurance doesn't pay... but someone must
Section 23A(3)(b) lets OC's recover repair costs from lot owners when damage isn’t covered by insurance or is below the excess. No fault is required—only proof the owner caused the damage—making it a key tool for managing the “insurance gap.”
💡Part 3: Passing On Insurance Excess: The “Solely” Test in Victoria
Following on from her earlier article, Julia Moroz explains the practical limits of section 23A(3)(c) of the Owners Corporations Act which allows excess costs to be charged to a lot owner only where a claim solely relates to their lot.
💡When Lifestyle Fees Collide with the Law: Lessons from Dowling v Lifestyle Management 2 Pty Ltd [2025] VCAT 590
In this case, VCAT struck down Deferred Management Fee clauses in residential site agreements for failing disclosure requirements under the Residential Tenancies Act 1997 (Vic). The Tribunal also ruled rent charged after a resident’s death was “at least harsh, if not unconscionable.” The case signals tougher scrutiny of fee structures and disclosure in lifestyle communities, with implications nationally.
💡Review of the Owners Corporations Act 2006
On 5th August 2025, the Victorian Government opened public consultations of the Owners Corporations Act 2006 to identify opportunities to improve its operation. Submissions close 2 September 2025 (so get in quick!). Read here for more details.
WA Updates
💡When Upstairs Noise Crosses the Line: Lessons from Reilly v Perkins Holdings [2025] WASAT 81
In Reilly v Perkins Holdings [2025] WASAT 81, the Tribunal enforced a flooring by-law after finding hard floors failed to prevent disruptive noise. The case confirms that clear wording and performance-based standards in by-laws are both enforceable—even for pre-existing conditions.
💡WA Regions Lead National Property Price Growth
WA regions are now leading the nation in home price growth, with Geraldton topping the charts for the third straight quarter. Property values in the city have surged by 5.1% over the past three months and an extraordinary 26.8% year-on-year. Read the article on WA today.
🌟 National webinar on fair contract principles
In case you missed the national seminar Julia Moroz and Carolyn Meighan ran for LookupStrata on how fair contract principles are influencing strata practices across Australia, particularly in the areas of agency agreements, contracts, and strata insurance commissions, please click the image below to watch the replay:
Q&A'S
QLD: During a roof replacement, can owners choose not to reinstall their common property skylight? Is the body corporate liable to replace them later if a future owner complains? Read answer here.
VIC: Can an owner refuse to pay their owners corporation fees, charges or contributions because of building defects, poor management, or a dispute with their neighbours? Short answer: no. Read more.
QLD: What specific steps can a committee legally take to initiate action quickly when faced with an urgent issue, and what are the potential risks of using these expedited procedures instead of the standard process? Read answer here.
QLD: When addressing balcony waterproofing issues in a six-unit complex, what is the difference in calculating the QBCC Home Warranty Insurance premium based on ‘Notional Pricing’ per unit versus the total project cost? Read answer here.
Got a question you would like answered and published here?
TEAM UPDATES
✨ New team members
We are excited to welcome the following new team members that have joined the growing Bugden Allen family:
- Brodie Dyer - Lawyer, Victoria
- Jazz Vasco - Paralegal, Brisbane
✨ Strata Impact Conference
We were honored to be a sponsor of the 2nd Strata Impact Conference held on the Gold Coast from 14th to 15th August. Congratulations to Nicole Johnston and all the speakers and delegates that made this such an insiring and thought-provoking event. We look forward to supporting it again next year.
✨ Career opportunities
We are currently recruiting for an experienced Solicitor or Associate in our Perth Property & Strata Law Practice. We are also looking for a Graduate Lawyer to join our Melbourne team.
For more information, please contact us via the Careers page on our website or email info@bagl.com.au.
📱 Get in Touch
If you have any questions in relation to this newsletter, or you would like to know more, please do not hesitate to contact a member of our team, visit our web site or contact us via email at: info@bagl.com.au
- Sydney 02 9199 1055
- Melbourne 03 8582 8100
- Brisbane 07 3905 9260
- Sunshine Coast 07 5406 1280
- Perth 08 9254 6304
Disclaimer: Nothing in this newsletter is intended to be legal advice. You should seek legal advice tailored to your property's specific circumstances. The information in this newsletter and on our web site are of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
