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What do Statewide Vaccine Requirements from 17 December mean for Strata Title?

The Queensland Government has released guidelines for public health and social measures which are applicable from December 17. These are changed regularly so it is important to keep up to date with the latest information.

The Strata Community Association (Qld) has provided further clarification for those living in strata.

With regards to vaccine requirements and restrictions for those living in strata title properties nothing the government has provided so far gives committees the authority to limit shared facilities in plans to the unvaccinated. As a result, common property access is currently a right of all scheme occupiers.

If an outbreak occurs and specified limitations are reinstated, the authority to close facilities to comply with public health orders may come into play.

A body corporate may not impose limits based on vaccination status unless it is reasonably necessary to comply with a public health directive. If public health directions say nothing about the vaccination status of residents, then a body corporate has no role.

Emergency COVID-19 regulations, which are in place until 30 April 2022, allow body corporate committees to make changes to guarantee that meetings do not violate public health guidelines — this is useful when gathering numbers are limited.

The following restrictions will be in place from December 17:

  • As a general rule, where schemes have a mixed-use element to them, the restrictions that apply to commercial areas apply as they would for a solely commercial facility.

  • Mixed-use schemes where retail forms part of the scheme are not restricted to the unvaccinated; where there are hospitality venues (like Cafés or restaurants) the unvaccinated are not allowed to enter the hospitality venues but can use the other parts of the scheme.

  • The unvaccinated can stay in short term accommodation, however, cannot access any attached restricted business (such as hospitality venues within the accommodation)

  • There are no requirements for contractors to be vaccinated to enter schemes. Where there are restricted commercial premises in a scheme, contractors must be vaccinated to enter as with any other user or resident. An exemption to this rule applies for emergency maintenance only.

  • In residential complexes, shared facilities like gyms and pools are not restricted to the unvaccinated.

  • With respect of meetings, the rules which apply to the venue used for any in-person meeting apply to body corporate meetings as they do to any other gathering.

  • Private gatherings at venues like community halls can have a maximum of 20 people or 1 person per 4 square meters, if an unvaccinated person is present.

  • Gatherings at private residences are capped at 100 people, this includes strata complexes.

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