Do we need licence agreements or a new strata plan for exclusive use areas?

By admin,

At our AGM, our strata management company advised residents that it would be a good idea to formalise a licence agreement for our complex's exclusive use areas and common areas. The managers have also advised us to survey a new strata plan. Is this mandatory?

Soon, we will consolidate our by-laws, detailing exclusive use and common areas. Do we need to carry out these additional steps?

By-laws vs Strata Plans: What applies when balconies or carports are part lots?

By admin,

In our building, the strata plan states the balconies and carports are a part of the lot, the boundaries of which are defined on the strata plan.

Our strata manager refuses to accept this and has issued a notice to say the balconies and carports are exclusive use common property.

Landgate have confirmed that they are part lot.

The CoO refuse to acknowledge the facts.

It appears that owners must go to SAT and bear some costs to have this determined.

If a by-law contradicts the strata plan, which one is correct?

Are by-laws registered under the BUGTA overridden by Standard Statement by laws?

By admin,

On 12 March 1997, our body corporate registered a change of by-laws under BUGTA with the Titles Office of QLD. On 13 July 2000, the new BCCM Act 1997 came into force.

On 15 July 2000, a new CMS was requested, providing for a new CMS with the Standard Module By-Laws at the time.

Given that the new CMS was registered after 13 July 2000, do the Standard By-Laws apply or the original registered in March 1997?

How to deal with water damage from a neighbour’s air conditioner

By admin,

The unit above has two air conditioners that are leaking water onto my balcony. Water from the overflow pipes makes the balcony floor wet and seeps into the ceiling, causing the paint to bubble.

The unit is rented. Our strata manager contacted the owners to ask them to fix the issue, but they have not responded.

How can I get the owners to repair the leaking air conditioners if they will not reply? Who is responsible for repairing the damage to my balcony ceiling?

Can a Queensland body corporate self insure?

By admin,

I am a committee member for a body corporate in North Queensland. Our property insurance premiums have increased significantly over the past four years. The body corporate is considering self insuring and wants guidance on the appropriate amount to hold in a self insurance fund to cover unexpected events. Who can provide independent advice on self insurance and help assess the appropriate funding level?

Should our body corporate manager charge individual owners for making direct enquiries?

By admin,

Our body corporate has 12 lots across six floors, operating under the BFP module. Some owners contact the body corporate manager directly instead of communicating directly with the seven committee members, despite the committee encouraging owners to follow this process to avoid additional fees. These owners say they do not trust the committee. The body corporate manager charges a $25 fee for time spent processing and responding to these direct enquiries, and these costs are currently charged to the body corporate.

Who pays for waterproofing when balcony substrate repairs are required?

By admin,

Our balcony is leaking and it appears we will need to re-waterproof the area. We have engaged a contractor to do a remedial membrane since the tiles are in good condition and don’t need to be replaced. However, a recent report on the building stated that there is a damaged substrate below our balcony and the material used in construction is not “ideal” for use under balconies.