7 February 2014

Mr. Attorney General GPO Box 149 Brisbane QLD 4001

Dear Jarrod Re: Review of Property Law in The Unit Owners Association of Queensland (UOAQ) is concerned about the current review of Property Law.

I refer you to your Media release of 15 August 2013 as attached. You are quoted in this release: “The independent and broad-ranging review will be headed by highly-respected and experienced property law experts, Professor Bill Duncan, Professor Sharon Christensen and Dr Bill Dixon,” Mr Bleijie said.

There is a link provided in your media release to a site with the heading: “Review of property law in Queensland” which I also attach advising: The government has engaged highly-respected and experienced property law experts from the Queensland University of Technology (QUT) to conduct the review. It will examine legislation including the Property Law Act 1974, Land Sales Act 1984 and the Body Corporate and Community Management Act 1997.

I was recently contacted by QUT and a meeting was arranged between representatives of UOAQ and the QUT panel of experts. I forwarded a list of topics that the UOAQ wished to raise and was advised as follows:

“Thank you for your email and for sending through a list of issues. However, many of the issues on your list are outside the scope of our review. The issue of management rights was the subject of a discussion paper issued under the previous government and the Department of Justice and Attorney-General is conducting a review of management rights which is separate from the review being conducted by the Commercial and Property Law Research Centre (the Centre) at QUT. As stated in my initial email, the Centre would like to seek input from the UOAQ in relation to body corporate issues such as by-laws and procedural issues including body corporate governance structures, debt-recovery and scheme termination. The Centre has a preliminary list of questions, which I have attached to this email. The list of questions represents the scope of our brief for this review.

The Centre is prepared to discuss our list of questions with the UOAQ but we are not authorised to discuss issues outside of these areas. If the UOAQ is not prepared to discuss these issues it may be best not to hold a meeting, as this would be a waste of everybody’s time.”

I attach document headed Questions for discussion with industry stakeholders, as was sent to us from QUT, and referred to above.

Your Media release has referred to “The independent and broad-ranging review” yet QUT advise that the attached list of questions ”represents the scope of our brief for this review”.

The UOAQ is deeply confused as to exactly what the Government has announced: “Mr Bleijie said the Newman Government will partner with the Queensland University of Technology to review the State’s property law.” “to be headed by highly-respected and experienced property law experts, Professor Bill Duncan, Professor Sharon Christensen and Dr Bill Dixon,” whilst containing the scope of their brief to that contained in the referred to questionnaire.

In the light of such disclosures can the UOAQ and the community in general believe that the proposed review of the Body Corporate and Community Management Act 1997, is a genuine review or is the appointment of such an esteemed panel of experts, simply window dressing to do nothing, and has the UOAQ placed it’s creditability in jeopardy by assuring it’s members that the LNP Government is conducting a comprehensive review of the BCCM Act 1997.

Every past LNP shadow minister for BCCM when in opposition, and continuing to this day, were, and are, supportive of legislative change to body corporate legislation. The UOAQ has lobbied for 15 years to gain relief from demonstrated unfair, inequitable and possibly unconstitutional legislation. Now that the LNP has regained Government, the UOAQ and the numerous members who worked to achieve LNP victory, will understandably be devastated if this opportunity to correct manifestly unjust legislation is squandered.

Your review of the current process is essential.

Wayne Stevens President