Is the executive committee required to share a building defects report with all owners?

By admin,

We own a unit in a building that is just over 18 months old. Earlier this year, the executive committee engaged an independent consultant to prepare a defects report for negotiations with the developer and builder. Are owners entitled to access this report? We are particularly concerned because the committee is not addressing some of the defects raised at the first AGM in 2024. The executive committee hasn't provided any updates or reported on their progress.

Altering the common area such as letterboxes may require a special resolution

By admin,

Our committee of four wishes to alter the letterboxes, which are a common area. Does this require a special resolution? Should the committee call a special general meeting to allow more owners to participate? Would the owners corporation manager arrange this on our behalf, and can the matter instead be addressed at the next AGM? If a special general meeting is required, will the owners corporation incur costs to hold it?

Can a strata company charge owners for gutter cleaning when the gutters are lot property?

By admin,

I live in a single-tier strata of eight stand-alone villas. Our strata company has used a majority vote at a general meeting to include gutter cleaning in the annual administrative fund budget, meaning all owners must contribute to this service. However, the gutters on my lot are not common property according to the strata plan boundaries. They belong to my property, and I can clean them myself at no cost.

How minority owners can respond when the sinking fund is ignored

By admin,

We own a strata apartment in Queensland in a small block of three. The same family owns the other two apartments, and they outvote us on every decision. They refuse to spend money on maintenance, won’t increase the sinking fund, and have left the fund almost empty. They appointed a quantity surveyor to prepare a 10-year sinking fund plan, as required by law, but claim they don’t have to implement it and have no intention of doing so. What rights do we have in this situation to ensure the building is compliant?

Ongoing levy debts require separate tribunal recovery proceedings

By admin,

Once tribunal proceedings for a levy debt begin, can the amount we’re claiming be increased to include levies that continue to accrue during the lengthy period before a ruling? Otherwise, it seems the body corporate must begin new recovery action for the next round of unpaid levies, which results in ongoing legal fees that quickly erode any recovered funds. Is this correct? Is there a more effective approach to managing these situations without having to repeatedly start new proceedings?

 

Owners can challenge EGMs that exclude owner motions or fail to follow proper procedure

By admin,

The council of owners recently emailed all owners with links to two agenda notices for two EGMs scheduled for the same night. One EGM involves approving a budget exceeding $125,000, supported by only one quote. The strata manager was not involved, so the agenda notices and documents were not filed in the strata company's official records, and owner-submitted motions were omitted.

Both EGMs are held at a location that is difficult for most owners but convenient for the chair. Do owners have options to challenge these procedural issues?

Strata budgets should reflect past expenses, expected increases and owner priorities

By admin,

As the treasurer of our body corporate, I'd like to explore whether there are more effective accounting and budgeting practices we could adopt to manage our levy income and expenses more efficiently. What financial considerations should committees take into account when deciding how to fund works?

Is it good practice to seek professional tax advice when preparing budgets, or do most committees rely on guidance from the strata manager alone?

Remuneration and duties reviews guide negotiation

By admin,

Our body corporate commissioned a remuneration and duties review by a suitably qualified professional. The review highlighted that the recommended duties differ from the current duties, including new responsibilities such as monitoring security systems and removing items that require ongoing maintenance.

Procedure for raising a special levy contribution

By admin,

All four owners in our small strata scheme agreed to roof maintenance, with each unit paying a different amount. The strata company raised a special levy based on the original quote. The strata manager says we must pay the full quoted amount in advance and that if the final cost is lower, the strata company will retain any excess. Can they do this? Shouldn’t we receive a firm quote and pay only after the work is completed satisfactorily?