QLD: Q&A Safety Hazards and Risk in a Body Corporate

Qld lot owners would like to tidy up car park storage in their underground car parks. How do they do this while still complying with the Body Corporate?

Table of Contents:

• QUESTION: Residents regularly bring shopping trolleys into the car park area. This could lead to accidental damage to other resident’s cars. Could the body corporate be liable for this damage?
• QUESTION: If an older building is not aware whether they have asbestos in the building, should that building have an asbestos report carried out?
• QUESTION: Is an 8 storey 30 unit strata plan under the accommodation module required to conduct a WHS inspection every year? The strata plan does not employ staff but has a contracted building manager/cleaner.
• QUESTION: We have had a growing number of camper vans in our underground car park, all with gas bottles attached. Is this a potentially hazardous situation and should the body corporate require residents to store gas bottles offsite?
• QUESTION: Our car parks have a retention pit on the far side with a drop of up to 500mm. Residents are reluctant to park in these spaces due to the precipice. Is there a legislative requirement for a safety barrier?
• QUESTION: Are we required by law to have a safety inspection of the common property, and if so, how often? We are a small lot body corporate of only 6 units.
• QUESTION: Where can we find the legislation around safety compliance for playgrounds?
• QUESTION: Can I store two bikes in my parking space if they do not obstruct other residents? The committee demand I remove the bikes but I have nowhere else to store them.
• QUESTION: Without any approval or consultation, can a resident build a colourbond wall between their car space and neighbouring car space in the basement car park?
• QUESTION: A Committee member is using one of his car park spaces to store dangerous goods relating to his asbestos removal business. Does this affect our insurance? How do we address this issue?
• QUESTION: Is an Owner permitted to store containers of petrol in their car space (on title) within the car park of a strata title building?
• QUESTION: Can I put a box trailer in my second parking bay and used it for car park storage? Will it comply with body corporate and how do I go about getting approval?
• QUESTION: Lot owners store furniture and rubbish in our car park. I want car park storage to stop. Our Body Corporate will not assist. What do I need to do?
• ARTICLE: QLD Car Park Storage: Dangerous items stored in Common Areas

Question: Residents regularly bring shopping trolleys into the car park area. This could lead to accidental damage to other resident’s cars. Could the body corporate be liable for this damage?

Residents in our apartment complex have been bringing shopping trolleys home from local supermarket. They use the shopping trolleys to transport shopping in the lift from their cars up to their apartments. They often leave empty trolleys in the car parking area. This could lead to accidental damage to other resident’s cars.

Could the body corporate be held liable for this damage? Should the body corporate committee take action to make sure trolleys are either returned collected or at least make sure that trolleys are stored where they won’t damage private property?

Answer: Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.

You can report dumped trolleys directly to the shops involved and they will come and pick them up. Brisbane Council has a handy list of contacts on their webpage: Abandoned shopping trolleys.

That’s not really the issue though.

Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.

As a first step you can write to owners advise them of the situation and ask them to return any trolley they may use to the relevant store.

If that doesn’t work, you may need to identify the individuals bringing the trolleys to site. Send them specific letter or breach notices if necessary. Maybe send their details to the store they are taking the trolleys from. If you are really unhappy with the situation you could have CCTV cameras installed so you can identify the relevant individuals.

It doesn’t seem like a good idea to create a space where the trolleys can be stored. While it may help with immediate management it also effectively condones the practice and infers that the body corporate has some responsibility for it.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in the July 2022 edition of The QLD Strata Magazine.

Question: If an older building is not aware whether they have asbestos in the building, should that building have an asbestos report carried out?

Answer: If there is no asbestos register, however you suspect asbestos may be present, call in a hygienist.

Asbestos was used in buildings up to around 1985. After this, they stopped using asbestos in construction. Some older properties have been renovated, and during the renovations, the asbestos may or may not have been removed.

If asbestos has been identified in a building, there’s normally an asbestos register at the property. For older style strata buildings where asbestos has been identified, there would be an asbestos register on site. Contractors will refer to this as it will clearly identify where in the building the asbestos is located and if any work needs to be done on the property.

If there is no asbestos register, however, you suspect asbestos may be present, call in a hygienist. A hygienist will carry out lab testing to confirm if asbestos is present, and also identify whether the asbestos needs to be removed or rectified.

Ryan Richards
Sedgwick
E: [email protected]
P: 1300 735 720

This post appears in the April 2021 edition of The QLD Strata Magazine.

Question: Is an 8 storey 30 unit strata plan under the accommodation module required to conduct a WHS inspection every year? The strata plan does not employ staff but has a contracted building manager/cleaner.

Answer: A WHS report is the simplest and easiest way to show that, as a BC, you have fulfilled your duty of care and to alert you and your manager to anything that needs rectifying.

William Marquand, Tower Body Corporate:

There is no requirement to have a periodic WHS inspection, however, as a body corporate manager I would recommend that you do. They are a very good way of ensuring that your site is safe for all who use it.

In terms of the legislation, the basic requirement in the standard and accommodation modules for maintaining the common property is stated as:

The body corporate must maintain common property in good condition, including, to the extent that common property is structural in nature, in a structurally sound condition.

Maintaining a safe site is part of keeping a property in good condition so all body corporates have an obligation to keep their site safe, but there is no specific direction on how to do this.

Body Corporate owners also have to consider their obligations under the WHS Act, particularly if they are deemed to be a PCBU – a person conducting a business or undertaking. However, these obligations do not extend to a requirement to have an annual (or any) inspection.

You can find out more information about this on the Work Safe Queensland site: Apartment owners and bodies corporate

Dakota Panetta, Solutions in Engineering:

Whilst it is hard to distinguish a direct correlation between a WHS report and a PCBU’s obligations under the WHS 2011, it is much simpler to consider the common law duty of care that everyone shares and that will ultimately see the BC liable for damages.

A body corporate has a duty of care to the safety of every person on that property including residents, visitors and even trespassers. If someone injures themselves on common property, the first thing the courts will ask when a claim is lodged is: “what did you do as a body corporate that was reasonably practical to mitigate and minimise the risk of the injury that occurred?”

If as a BC you did nothing, no annual safety report, no proactive maintenance, the body corporate will be liable for the personal injury.
Each year we see millions of dollars paid out by Bodies Corporate for simple injuries on common property.

A WHS report is the simplest and easiest way to show that, as a BC, you have fulfilled your duty of care and to alert you and your manager to anything that needs rectifying.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

Dakota Panetta
Solutions in Engineering
E: [email protected]
P: 1300 136 036

This post appears in the April 2021 edition of The QLD Strata Magazine.

Question: We have had a growing number of camper vans in our underground car park, all with gas bottles attached. Is this a potentially hazardous situation and should the body corporate require residents to store gas bottles offsite?

A number of camper vans have appeared in the car park recently and a couple of dual cab utes with a sleeping pod on the back.

Both types of vehicles have one or two 9kg gas bottles attached. With LPG being flammable and also being one and a half times heavier than air and the apartment car park being underground, I’m concerned that if there was a leak, gas would pool in the lower area creating a hazardous situation.

Should the Body Corporate Committee required residents to store gas bottles offsite?

Answer: If there is adequate ventilation and the required safety certificates are in place then Owners will be afforded considerable protection.

There are several issues to consider with respect to the questions below:

• Is there a ventilation system in the basement and is it activated via sensors or is it on a time clock?
• If present is the ventilation system regularly tested?
• If no ventilation system is present, is the natural ventilation unimpeded?
• Gas bottles are pressure vessels that are required to be pressure tested every 10 years, the date of manufacture/ pressure testing is marked on the collar of the gas bottle.
• The installation of gas bottles on caravans, camper trailers and RVs must meet certain safety standards

Caravan, camper trailer and RV manufacturers (QLD)

Manufacturers of caravans, camper trailers and RVs should ensure the gas system designed for their vehicle complies with all requirements of (AS/NZS5601.2).

Designers of caravans, camper trailers and RVs should, in consultation with a licensed gas installer, give specific consideration to the following:

• locating electrical equipment that has the potential to be an ignition source away from the LP gas cylinder locations
• providing adequate and permanent ventilation to any space that contains, or that may contain an gas appliance
• designing cabinetry and exhaust/range hood locations to ensure clearances to gas burners
• locating the flue/exhaust terminal of any installed gas appliance so it will discharge outside any annex or attached enclosure;
• installing bayonet and quick connect devices to the gas system outside any area that may be enclosed by the future fitment of an annex or other enclosure
• ensuring any gas appliance that connected to the gas system, or uses gas from the vehicle gas system includes a flame safeguard system.( a Thermocouple system that stops the flow of gas if the flame goes out for any reason preventing the chance of a gas fire). Note: Including appliances connected by a bayonet or quick connect device; for example, domestic barbeques provided as optional extras, whether stored or affixed to the vehicle.
• Stowed gas appliances must have a means of isolation to prevent the flow of gas when the appliance is stowed. It is noted that disconnection of a bayonet fitting is considered a suitable isolation, but additional shut-off features are encouraged.

In addition, manufacturers must engage an appropriately qualified, experienced and licensed gas installer to undertake the installation of the gas system. On completion of the installation, the installer is required to provide a certificate confirming compliance.

It is also worth noting that the following also applies:

• any LP gas cylinder, a spare or used for a portable or mobile appliance must be stored and secured as if it was part of the vehicle gas system
• The new owner of a used or second-hand caravan must be provided with a gas compliance certificate for the gas system prior to taking ownership. The certificate must be less than three months old.
• any portable or mobile appliance connected to a caravan, camper trailer or recreational vehicle gas system for use is considered to be part of the vehicle gas system.

If there is adequate ventilation and the required safety certificates are in place then Owners will be afforded considerable protection, especially as the quantities present are relatively small and consistent with household (not commercial use).

It would be of benefit to ensure where possible that the vehicles are parked such that the gas bottles are not exposed to impact from other vehicles and that the vehicles are not to be permanently parked in the basement areas.

QIA Group
E: [email protected]
P: 1300 309 201

This post appears in the March 2022 edition of The QLD Strata Magazine.

Question: Our car parks have a retention pit on the far side with a drop of up to 500mm. Residents are reluctant to park in these spaces due to the precipice. Is there a legislative requirement for a safety barrier?

I own a unit in a 12 unit single level complex. Each unit has a car park adjacent to its unit. My car park has a retention pit on the far side with a vertical, sloping drop off of 300mm to 500mm. My neighbour in unit 2 has a level drop off of 200mm. Residents are reluctant to park in these spaces, especially at night, due to the precipice. 

I would like to know what the legislation is regarding this area as I feel that a safety barrier is required.

Answer: No, but the greater risk to the body corporate is the duty of care that everybody corporate has over the common property.

This is a great question to raise and one that we receive quite regularly from Strata Communities. As we advise on safety reporting and compliance across the entire Australasian region, we come across many scenarios like this one.

To answer the question of ‘is there a legislative requirement for a safety barrier’… the simple answer is no. The building code and the national construction code only reference the need to have a barrier or system to prevent a fall when the possible fall is 1 metre or greater. As you have described the precipice only reaches a maximum of 500mm.

Now that covers the requirements under relevant building and construction codes. BUT the greater risk to the body corporate is the duty of care that everybody corporate has over the common property.

As you have identified and most would notice even at a glance, this scenario is still a hazard. Whilst it does not breach any specific codes, you have a trafficable area of vehicles and people, with a sharp drop into a retention pit.

A pedestrian walking could easily slip, particularly at night without lighting and a vehicle reversing could misjudge the edge and cause significant damage to the mechanisms of the car.

In strata, whilst it is always important to observe and be aware of the relevant codes and standards of compliance, it’s even more important to remember the term ‘reasonably practicable’ because these would be the words you would hear in court when an owner or visitor sues you.

The courts would ask, what did you do that was “reasonably practicable” to mitigate this hazard and prevent injury or damage?

It is quite reasonable to believe that this scenario could be a hazard and therefore the strata scheme has a duty of care to mitigate or at least minimise the risk. Simply failing to act would not be an excuse in court.

In my opinion, it would be worth contacting the builder and asking about the necessity of this retention pit. Does it need to be this deep given there are two stormwater drains in the pit? If so, then we would strongly be recommending that a barrier of some sort be installed and ensure that this barrier is a contrasting colour to ensure drivers of vehicles will see it when trafficking the area.

We would also recommend lighting be installed to assist visitors walking up and down the common property at night.

Dakota Panetta
Solutions in Engineering
E: [email protected]
P: 1300 136 036

This post appears in the February 2022 edition of The QLD Strata Magazine.

Question: Are we required by law to have a safety inspection of the common property, and if so, how often? We are a small lot body corporate of only 6 units.

Answer: The amount of activity upon the Common Property and the level to which it is maintained are the more important risk indicators than the size of the scheme.

The answer to the question is layered and dependent upon a number of circumstances.

Generally the size of the scheme is not the most important determining factor, rather the amount of activity upon the Common Property and the level to which it is maintained are the more important risk indicators.

Body Corporate and Community Management Act:

The Body Corporate and Community Management Act requires a Body Corporate to maintain the Common Property, this includes ensuring it is safe and fit for purpose.

Work Health Safety Act and Regulations QLD

The WHS Act outlines the general health and safety duties of Persons conducting a business or undertaking (PCBUs), officers of companies, unincorporated associations, government departments and public authorities (including local governments), workers and other people at a workplace.

General duties for PCBUs require the duty holder to ensure health and safety, so far as is reasonably practicable, by eliminating risks to health and safety. If this is not possible, risks must be minimised so far as is reasonably practicable.

Under Section 7 of the Workplace Health and Safety Regulation QLD – A strata title body corporate that is responsible for any common areas used only for residential purposes and which does not employ a worker does not conduct a business or undertaking for the purpose of the WHS Act.

However under section 29 of the Work Health Safety Act QLD – Any person at a workplace (the Common Property becomes a workplace when a person performs work upon it), including customers and visitors, must take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions. If owners are aware of any safety issues on the Common Property they need to communicate that to the persons (residents, visitors or contractors) who may be impacted by it.

Common Law Duty of Care

At its most basic, a duty of care is a legal obligation (that we all have) to take reasonable steps to not cause foreseeable harm to another person or their property. A duty of care is breached when someone is injured because of the action (or in some cases, the lack of action) of another person when it was reasonably foreseeable that the action could cause injury, and a reasonable person in the same position would not have acted that way.

Obligations

Our understanding is that each of the requirements above carry positive obligations, meaning Owners are required to find out if the Common property is safe and do their best to rectify any issues they discover. It is not a defence for Owners to say that they were not aware of or did not know that the Common Property was unsafe, as they are required to ensure it is, at all times.

Requirements

The legislation above does not stipulate that Owners are required to obtain a Safety inspection or report, instead the law requires a Body Corporate to demonstrate that they have done as much as is reasonably practicable to maintain the Common property and keep it safe.

Timeframes

The legislation above does not stipulate a specific timeframe for keeping the Common property maintained or safe, rather it applies a continuous obligation to do so. This means that Owners should have a process in place such that as issues arise, they can be identified and addressed in accordance with the risk.

In the absence of a specific timeframe an annual inspection and report is adopted, this interval is consistent with the annual budgeting and insurance review and renewal requirements for Bodies Corporate.

Safety Report

A safety report provides Owners with a means of demonstrating that they have met their obligations and so provides them with a defence under both Common and Statute law.

I trust that the above sufficiently addresses the query, however if further information is required please do not hesitate to contact the undersigned.

QIA Group
E: [email protected]
P: 1300 309 201

This post appears in the August 2021 edition of The QLD Strata Magazine.

Question: Where can we find the legislation around safety compliance for playgrounds?

How concerned do we have to be about whether the playground equipment at our body corporate is compliant? I think our issue will be the fall areas.

Where can we find the legislation around safety compliance for playgrounds?

Answer: The owner of the playground, in this instance the body corporate holds a duty of care towards all residents, visitors and even trespassers onsite.

Within Australia, all playgrounds are expected to meet the standards of AS 4685 and then the relevant standards within i.e. swings, slides, cableways etc.

The owner of the playground, in this instance the body corporate holds a duty of care towards all residents, visitors and even trespassers onsite. Therefore the playground of which is common property is too the responsibility and also the liability of the Body Corporate.

As well as following all requirements of AS 4685 and subsequent testings, safety measures etc, the BC should also implement a number of checks to meet their duty of care.

The playground should be routinely checked for safety hazards that may cause a slip, trip fall or impact injury.

The playground should be completely fenced off to avoid the danger of roads/ moving vehicles.

Signage should be installed promoting hours of use, supervision required, emergency contact numbers and stranger danger safety information.

Cleaning should be frequent and particularly more so during the current pandemic climate.

If of an elevated nature a severe fall is possible, a safety mechanism should be implemented to ensure children cannot fall from any elevated heights.

Should an injury occur relating to the playground on common property, similar to any other common property, the questions raised would be ‘was it up to standards and maintained?’ ‘What was done that was reasonably practical to minimise and mitigate a hazard?’

If you are particularly concerned about fall areas this would be an example of a risk that needs a reasonably practical means of minimising or mitigating. This may include installing netting, barriers or crash mats.

The inherent nature of outdoor play presents risks, the important thing is that the body corporate do everything that is reasonably practicable to minimise and mitigate safety hazards.

For any more information relating to common property safety, please feel free to contact myself or the team as we complete thousands of safety reports and audits.

Dakota Panetta
Solutions in Engineering
E: [email protected]
P: 1300 136 036

This post appears in the August 2021 edition of The QLD Strata Magazine.

Question: Can I store two bikes in my parking space if they do not obstruct other residents? The committee demand I remove the bikes but I have nowhere else to store them.

I own and live in a unit complex on the Gold Coast. All owners have an allotted car parking space. 

I keep 2 bikes in my allotted space up against the brick wall where the nose of my car is parked so there’s a few inches between the bikes and the front of the car when it’s parked there. The bikes are not obstructing anyone in any way. 

Someone in the complex has complained about the bikes for some unknown reason and wants them removed. I have since received a letter from the BC demanding the bikes be removed, however we have no car park storage so I have nowhere else to store them.

Answer: Is it a breach, and why does the activity cause a problem?

With all by-law issues, owners should look at the matter by answering two questions: is it a breach, and why does the activity cause a problem?

To confirm whether keeping the bikes in the area specified is a breach of the by-laws, you can start by checking the CMS for your scheme to review the exact boundaries of your parking space. Does it extend to the wall at the rear of the space, or does it stop before that? You may be keeping the bikes on common property without realising it, and that would be a breach of the by-laws.

Then, have a look at the by-laws and see if anything is restricting what can be kept in parking spaces. Some by-laws limit the use of these spaces to cars only. If not, and the bikes are being kept in your space, it may be legitimate to keep them there.

The letter from the Body Corporate should explain why it believes you have broken the by-law. It should outline the relevant by-law and how your action has breached it. If a reasonable explanation has not been supplied, you can ask for one.

The second question as to why the activity is causing a problem may require a more nuanced answer. What can seem harmless to you as an individual may be more problematic for the body corporate or other owners. In this case, it may be that having one or two lots store additional items in the parking spaces doesn’t cause a substantial problem, but if everyone kept things other than cars in the spaces, the car park could quickly become dangerous or messy. The items could attract thieves or vermin. The body corporate has to apply laws equally to all owners, which may be what is happening here. If you are not clear about the reasons for the by-law, then contact your committee or manager and ask for further explanation. Not everyone will be happy with every rule and decision, but there should at least be a logic behind that to help you rationalise why they are being made.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in Strata News #485.

Question: Without any approval or consultation, can a resident build a colourbond wall between their car space and neighbouring car space in the basement car park?

We live in a 52 apartment lot strata building. Without any approval or consultation, can a resident build a colourbond wall between their car space and neighbouring car space in the basement car park?

The car spaces are open and if you have 2 vehicles in your allotted parallel spaces, it is impossible to open your car door without encroaching into neighbouring space. What approval would be required? Would it contravened building approval or create airflow issues?

Answer: Installing a wall on a car park boundary would amount to an improvement to common property and would ordinarily require body corporate approval.

Installing a wall on a car park boundary would amount to an improvement to common property (presumably the car park is exclusive use). This would ordinarily require body corporate approval. The committee may choose to refuse such an improvement, particularly if it created an air flow or building approval issue. These matters are things that the owner would need to confirm and provide evidence that they do not create any issues.

Adjudicators have (rightly or wrongly) held that owners do not have the right to temporarily encroach on other car park spaces for opening a car door (even though practically this regularly takes place).

Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753

This post appears in Strata News #452.

Question: A Committee member is using one of his car park spaces to store dangerous goods relating to his asbestos removal business. Does this affect our insurance? How do we address this issue?

I am a committee member on a Body Corporate with 8 townhouses.

One of our committee members is using two visitor car parks, one to park his car on a regular basis and the other car park to store an industrial pallet jack capable of lifting substantial loads of industrial waste onto a truck.

He runs an asbestos removal company and we have reason to believe he is storing asbestos material in plastic bags in this body corporate area which is not secure and literally anybody from the street could access this potentially hazardous material.

This is clearly breaching a number of bylaws, statutory laws regarding storage of hazardous material and zoning laws regarding conducting an industrial business in a residential area.

The activity is noisy, dangerous and presents a risk to the body corporate and also neighbouring properties.

We are also deeply concerned about the Body Corporate Public Liability insurance aspect of running an industrial business and storing hazardous materials on Body Corporate property.

Would we be liable if anything happened to the hazardous material?

What happens if someone is injured on Body Corporate property whilst he is operating and working in the body corporate area?

This is a clear abuse of body corporate property which is affecting the lives of the residents wanting to live in peace and not exposed to risk.

This lot owner is generating income at our expense and we have had enough. We need a strategy to prevent him from running an industrial business from a residential area.

Answer: You need to address the enforcement of by-laws and/or a dispute regarding nuisance.

Chris Irons

I can’t comment on the insurance liability side of things, you may need to address that with your broker or insurer (although, of course, doing so could in and of itself cause a problem). I wouldn’t advise waiting to find out though, as clearly there are issues now to address.

In terms of what to do, I would suggest it would be enforcement of by-laws and/or a dispute regarding nuisance. The onus is upon the complainant (e.g., committee) to attempt to resolve this themselves first. Assuming you can’t, or that you’ve already tried to do so without success, then your next step is to apply for dispute resolution through the Commissioner’s Office.

Tyrone:

Most strata policies will have an exclusion in their public liability policy for the actual or alleged use or presence of asbestos.

The body corporate can be drawn into a claim related to the owners storage of asbestos & even if they are able to defend the claim they will still incur legal costs in the process.

So the body corporate should be concerned if asbestos is being stored by the owner.

Business activity also needs to be disclosed to insurers prior to offering cover and section 188 “Use affecting premium” states:

1. This section applies if, because of the way that a lot is used, the premium for reinstatement insurance or the premium for public risk insurance required to be taken out by the body corporate is likely to increase.
2. The owner of the lot must give the body corporate details of the use.

If after disclosing the use this impacts premium, the owner can be responsible for the additional costs in accordance with Section 182 (2) (c) The body corporate may adjust the contribution payable by an owner of a lot under subsection (1) in a way that fairly reflects— the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.

This article is written based on the Body Corporate and Community Management (Standard Module) Regulation 2008 – if the property is not part of this module (for example an accommodation or commercial module) similar provisions may apply under those modules.

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in the November 2020 edition of The QLD Strata Magazine.

Question: Is an Owner permitted to store containers of petrol in their car space (on title) within the car park of a strata title building?

Is an Owner permitted to store containers of petrol in their car space (on title) within the car park of a strata title building? There is no By-law specific to storage of containers of petrol on Common Property, or anywhere within the car park.

Answer: To the best of our knowledge a home owner can store up to 120 litres of one of fuel on their property, but it cannot be under the main roof of the building.

To the best of our knowledge a home owner can store up to 120 litres of one of the most dangerous fuel such as unleaded petrol on their property, but it cannot be under the main roof of the building.

So if the petrol is being stored in a car park under a building that would mean it is being stored under the main roof of the building and therefore it is breaking the law in relation to fuel storage.

Dean Christoff
Trilogy Fire Safety
E: [email protected]
P: 07 3901 8203

This post appears in Strata News #418.

Question: Can I put a box trailer in my second parking bay and used it for car park storage? Will it comply with body corporate and how do I go about getting approval?

I have two parking bays in my complex.

I want to put a storage lockup in my second parking spot for car park storage but the committee said the type of shed I want to install doesn’t comply with the body corporate rules.

Can I put a box trailer in my second parking bay and used that for car park storage? How do I go about getting approval?

Answer: It is a question of whether the committee is acting reasonably in refusing permission.

I am going to proceed on the basis that the parking bay is an exclusive use space.

The starting point is whether the by-laws deal with the type of things that can be installed for car park storage along with whatever anyone else has got installed.

Then it is a question of whether the committee is acting reasonably in refusing that permission. The question about the box trailer is the same. This really is one of fact and degree.

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #218.

Question: Lot owners store furniture and rubbish in our car park. I want car park storage to stop. Our Body Corporate will not assist. What do I need to do?

I live/own an apartment in Surfers Paradise, Queensland.

The security underground car park has a lot of things stored in car park spaces: Furniture, Tyres, Cupboards etc….

I’ve contacted Management and the Body Corporate on many occasions to have this stuff removed but with no result.

The Body Corporate told me it was too long a process to have the items removed from the car park area.

What can I do to make this happen?

Answer: Check the by-laws to see if what is being stored is breaching any by-laws.

First, you need to check the by-laws to see if what is being stored is breaching any by-laws.

If it is, then there is a form 1 that can be sent to the committee: Notice to body corporate of a contravention of a body corporate by-law. That will then:

1. Force the committee to take by-law enforcement action; or
2. If the committee doesn’t take by-law enforcement action – allow the owner to make an application in the commissioner’s office seeking that the by-laws are complied with.

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #197.

Article: QLD Car Park Storage: Dangerous items stored in Common Areas

This article discusses the importance of good car park storage guidelines.

There is an increasing trend of people storing items within the reach of children in common areas such as car parks. We have cited over 4 cases where this has occurred within the last month. Due to this, we thought it was pretty important to let managers and residents know about important safety concerns around car park storage.

The picture highlights a few things.

• Hazardous liquids stored in a spot accessible to young children to swallow
• Restriction of access to the fire extinguisher
• Identification and minimisation of hazards
• Duty of care with management of risks.

Hazardous chemicals are substances, mixtures and articles that can pose a significant risk to health and safety if not managed correctly. They may have health hazards, physical hazards or both. Examples of chemicals that can immediately injure people or damage property include flammable liquids as pictured.

• Safe Work Australia: Hazardous Chemicals FactSheet
• Building Fire Safety Regulation 2008
• Work Health and Safety Regulation 2011

Keeping equipment free from obstruction

Person not to obstruct an evacuation route

1. A person must not—

   1. place a thing— building if the thing would be likely to unduly restrict, hinder or delay a person to access equipment

There is supposed to be a 2 meter free access to fire equipment and exits.

The Building Fire Safety Management Tool, from the Queensland Fire and Emergency Services is a good checklist for owners and managers to understand what the requirements are under the fire regulations.

Solutions in the storing of items and equipment could be in the form of lockable storage shelves/cabinets, or an over bonnet storage locker as shown below.

Peter Greenham,
Independent Inspections
E: [email protected]

This post appears in Strata News #158.

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Read next:

• QLD: Q&A Fire Regulations – Keeping Common Areas Free From Obstruction
• QLD: Q&As regarding fire door compliance

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