Executive committee requesting details of visitors — is this a breach of the Privacy Act?

By admin,

Our executive committee has requested residents provide the relationship of visitors who, we allow independent access to our apartments, through a fob. The apartments are part of a building complex.

When we ask why and how this information is relevant, they say they have the right to know who is being given access to the complex.

This is despite our Building Business Rules stating that independent access is authorised by the resident who is responsible for their visitors.

Is this a breach of the Privacy Act?

Strata manager never sent a levy contribution notice — can I dispute the penalty charges?

By admin,

I have just received a letter of demand from my body corporate manager for overdue contribution levies. Although I am aware that payments are due quarterly, I usually pay immediately in response to any contribution notice I receive, according to the instructions on each notice.

On this occasion, I’m certain the manager never sent a notice. I always receive correspondence by email, including the letter of demand, and I have no record of the notice in question ever being received. A co-owner is always copied on the emails from the manager and they did not receive a notice either.

Lot owner fails to pay for a body corporate service — is the debt recoverable and can they still vote?

By admin,

Section 200 of Body Corporate and Community Management (Accommodation Module) Regulation 2020 permits a body corporate to supply, or engage another person to supply, certain services for the benefit of owners and occupiers of lots e.g. cleaning, painting, and mowing.

Does a payment plan for a special levy make a lot owner unfinancial for voting purposes?

By admin,

The committee agreed to a payment plan for my special levy contribution. Otherwise, I have consistently paid all general levies on time and am not in arrears for any other payments. Despite this, the body corporate managers say I am not eligible to vote because I'm in arrears. Is this correct?

Levy notices ended up in junk mail — what late levy fees can a body corporate charge?

By admin,

Several owners complained at being charged late payment fees and interest due to non payment of their levies. They claimed levy notices had not been received. All affected owners used Gmail. The levy notices were located in junk mail.

The committee took the view that the levy notices had been delivered to the owners even though they had been in junk mail.

Should a body corporate run a formal tender process before renewing the manager's contract?

By admin,

I am a residential unit (lot) owner in a large body corporate complex in Brisbane, of which 63 floors are up-market residential units and 12 operated by an international hotel chain. At the recent AGM, the existing body corporate manager was again approved in that role for the coming year. It appears, however, that the body corporate committee may not have engaged in any formal pre-tendering process prior to proposing that manager as the sole candidate at the meeting.

Body corporate manager's contract expires before the AGM — how do we handle the gap?

By admin,

Our 3 years Engagement of the Body Corporate Manager is going to finish towards the end of July. Our AGM should be held at the end of August. There will be approximately 1 month after ending the 3 year engagement where the BC Manager should not provide any work for the BC. How do we deal with a situation like this?

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