Can a body corporate use its funds to paint areas that lot owners are responsible for?

By admin,

In Queensland, can a body corporate use body corporate funds to paint the walls and soffits of balconies, patios, or courtyards that form part of a lot or exclusive use areas, which the owner is required to maintain in good condition under the exclusive use bylaw? If not, is the body corporate allowed to include the cost of this private painting in the lot owner's annual levies, for example, through the sinking fund?

Breaching By-Laws. What’s a rule infringement notice?

By admin,

How do you stop residents from speeding in a basement car park that includes 50 - 70 car spaces plus storage cages, storerooms, electricity cabinets....etc?

We have warned the driver twice but we feel this is falling on deaf ears. Do we get the strata management or the police involved? It is dangerous and unsafe. Children and elderly tenants and/or vehicles could be impacted. Our consolidate bylaws are in plain view, outside the lift. We have 10 km/hr speed signs at the car park entry.

Does a proxy held by a present council member count towards the meeting quorum?

By admin,

I reside in a survey-strata scheme in Western Australia. At our recent AGM, a resolution was passed that the council of owners (COO) would comprise seven members. Only four were nominated and subsequently elected. Our governance by-laws provide that if the COO consists of seven members, the quorum is four (by-law 3.11).

Can committee members be paid for their work?

By admin,

Our large estate is over 20 years old and now requires a lot of maintenance and repairs for extensive common grounds. Once, we had a committee of 10. This is now a committee of just three people. They go above and beyond and devote a lot of their personal time, care and effort.

The cost of $120k to hire a manager for the estate would increase residents fees. Is it possible to reward/compensate committee members for their ongoing services? Can we remove their need to pay OC fees? What is the usual process for committee member compensation?

Do owners have a right to access all common property floors in their building?

By admin,

About ten years ago, the intermediate doors on each floor were removed, and access to the floor by lift (and via the fire stairs) was controlled by a security fob. At that time, the committee decided to limit owner's access to their apartment's floor and to the floor with the gym.

Do owners in buildings with common property have a right to access all normally accessible areas of common property (excluding special areas such as switch rooms, etc.)? I understand this right is spelled out in disability legislation.

Can a strata manager force the strata company to switch to a broker?

By admin,

Our strata company deals with a direct insurer. The strata manager wants us to transition to an insurance broker, which will see us incur a (as yet undisclosed) fee.

Our previous strata manager charged a $1500 commission on top of their management fee. We chose our current strata manager specifically because they administered our insurance directly with no additional cost apart from their management fee.

Whose details on the address for service?

By admin,

Whose details should be on the address for service? If the secretary regularly checks the strata mailbox at the physical address, what is the advantage of using the strata manager’s address on the Certificate of Title? Every change of strata management would require updating the Certificate of Title, potentially incurring costs for the owners corporation.

Organising lot insurance in a gated community

By admin,

I live in a gated community. It is hard to get insurance. The strata plan is an accommodation module, approx 160 freestanding houses, most on poles. Lot owners own the house and the lot. There are no common walls or roofs. The remainder of the property falls under strata. There is a live-in manager on site. Most insurance companies I've approached won't offer insurance. Not all strata schemes are the same.

The right to privacy in your lot

By admin,

An adjoining unit's window looks directly into our unit's upstairs balcony and bedroom.

We have no privacy in these areas and have to close the bedroom blinds to prevent being seen when lying in bed. Neighbours can view our bed no matter where it is located.

Are there any state-building privacy regulations or standards regarding privacy in a lot that override the body corporate or adjoining unit owner's response?

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