Can lot owners demand conflict of interest declarations before signing off on major contracts

By Neziah,

We are holding our strata meeting by telephone. Our last meeting was in 2018, and we have contracts to be signed off, ranging from $1.9 million to $2.5 million, plus $150,000 for an engineer to oversee rectification for water ingress.

Lot owners would like to know if it is legal to ask the strata committee to sign a statutory declaration regarding their relationship with the contractors, given that one committee member hand-picked the three tender companies.

Ross Anderson

By Neziah,

Qualifications:  BA, LLB (but have not practiced as a lawyer, and make no claim to be a lawyer).  Am now a student of the Rule of Law and the principles and values of a democratic society.  Aspire to moving beyond learning the many complex rules in the BCCM legislations and developing an understanding of how they fit together.

Experience: Owned several investment units since 2001, often on the Committees. Now live in one.

Can one QLD committee member pursue a by-law breach alone

By Neziah,

We are a small block of 4 units, each with a dedicated courtyard. There is one investment owner, and three owner-occupiers.

One owner-occupier sold and, when they moved out, they apparently left garden rubbish in the investment owner's courtyard. The owner has been made aware that it is their responsibility, but refuses to remove the rubbish and says the body corporate should pay for it. It is a fire and rodent hazard.

I am the sole committee member prepared to pursue this issue. What are my options if the other two committee members continue to ignore the issue?

Who is responsible for repairing an in-wall toilet cistern in a common wall?

By Neziah,

Our building has more than 40 units, but some units have toilets which have concealed or in-wall cisterns within a common wall. Who is responsible for fixing the toilet cistern when it fails, the owners corporation or the unit owner?