Can a Body Corporate Remove a Toxic Committee Member Without a Formal Vote of No Confidence?

By admin,

Our 31-lot body corporate complex has six committee members. One member is very toxic. The other committee members would like to have a vote of no confidence against the toxic owner at the AGM. How do we do this?

Can a Body Corporate Remove and Dispose of Tenants’ Property Without Notice and Are They Liable to Compensate?

By admin,

I had some items (bikes etc) chained up under the building where I rent a unit. The Body Corporate used bolt cutters to remove our items without any notice. They claim the items were taken to the dump.

What rights do we have as tenants? Are we within our rights to be compensated for our forcibly removed or stolen equipment?

Are Body Corporate Bylaws Enforceable When Owners Ignore Approval Requirements for Lot Improvements?

By admin,

Our body corporate is a standard format plan so lot owners are responsible for the maintenance and insurance costs of the building. Our body corporate bylaw for lot improvements is pretty standard:

An Owner or Occupier shall not alter the external appearance, finish or colour of the building on the Lot nor add to, extend or cover the Lot in any way without the prior written approval of the Body Corporate.

Can a Lot Owner Issue a Form 1 When the Caretaker and Committee Won’t Enforce Bylaws?

By admin,

Our caretaker refuses to notify residents they are parking on common property without committee permission. He refuses to passing offenders information onto the committee for action. The committee wont take any action against the caretaker.

As an owner, can I lodge an official complaint with the Body Corporate Commission or do I submit a form 1 to the committee seeking some action? What would be the correct procedure?

How Do You Escalate Repeated Body Corporate Bylaw Breaches for Ongoing Noise and Abuse?

By admin,

We have noisy and abusive neighbours. Our Body Corporate Committee states that if a bylaw is continuously breached and a notice is sent to the offending party, they have 7 days to rectify their behaviour. If they reoffend after 7 days, corrective action has to start again from the beginning.

Therefore, in our building, the same bylaw can be breached by the same party numerous times. As long as the behaviour occurs outside of the 7 day period, no further action other than an initial warning can be taken by the committee. Is this correct?

What Are a Body Corporate’s Legal Obligations to Enforce Bylaws and What If the Committee Refuses to Act?

By admin,

My Body Corporate is a standard module. My Neighbour breached a by-law. I issued a form 1 to the Body Corporate and the Body Corporate followed up a form 10 and 11 to the accused with 14 days to comply. 14 days passed, and the accused continued with the by-law breach.

1 month on from the issuing of the contravention notices the accused was still breaching the by law.

What Can a Tenant Do When Bylaws Are Repeatedly Breached and the Body Corporate Has No Committee?

By admin,

I am a tenant in a building of six units. An owner’s husband, who doesn’t live here, is continually breaching the bylaws. The Body Corporate Committee disbanded, as it was too difficult to deal with him.

What Can You Do When Body Corporate Maintenance Issues Cause Ongoing Noise Disturbance?

By admin,

How do we proceed when the Body Corporate itself is breaching a bylaw?

For example, a pool pump is so noisy that the sound penetrates into one of the units at all hours of the day and night. The noise is disturbing the occupiers of that unit. The noise level is 20dB above ambient noise levels, which is in breach of the EPA standard of acceptable noise.