To amend the body corporate regulation for caretaker agreements to a maximum 5 years

Eligibility - Queensland residents
Principal Petitioner:
Deborah Salter
37/6 Primrose Street
Total Signatures - 3,115
Sponsoring Member: The Clerk of the Parliament
Posting Date: 3/5/2022
Closing Date: 3/11/2022
Tabled Date: 8/11/2022
Responded By: Hon Shannon Fentiman MP on 8/12/2022
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

Queensland residents draws to the attention of the House that the BCCM Act Regulation Modules allows 25 year caretaking agreements, which impact body corporate owners and impose oppressive cultural and financial conditions.

Caretakers in body corporate schemes attempt to continually renew their agreements notwithstanding statutory term limits. Agreements are unlawfully ‘topped-up,’ meaning a body corporate is asked every single year to lengthen the term despite the agreement already lasting for 25 years. 

Despite the oppressive length of agreements, caretakers often sell their rights within five years, leaving the body corporate without a share of that sale price, but with very lengthy agreements often in excess of 25 years. 

Terminating caretaking agreements are difficult, and the body corporate is often tethered for over 20 years with no room to negotiate fees or duties despite changes in caretakers and duties that occur in a modern society. 

Statutory obligations of caretakers is to act in the ‘best interests’ of the body corporate, but caretakers are incentivised to ensure their engagement is for as long as possible in order to sell at a later date. If agreements were set for a fixed term of a more reasonable length it would reduce strife in community living, and return focus to performance.

Many caretaking agreements are longer than the average mining lease.

Your petitioners, therefore, request the House to do all within its power to amend the regulation modules and fix term limits of service contracts and letting authorities to a maximum of five years.