Can a body corporate claim against a certifier for building defects?

By admin,

Two years ago we purchased an apartment in Brisbane. Our body corporate has just discovered the building has concrete spalling. The Engineer Report states that the spalling is due to insufficient concrete cover at the edges of the balconies. Isn't this something the Certifier should have picked up?

The cost of the repairs is expected to be around $1.2m. We have 98 units in the two affected buildings, so that's a significant cost to each owner. We've been advised that the builder went broke and we're wondering whether we can make a claim against the Certifier?

Can a body corporate place breach notices on cars parked on common property?

By admin,

Our strata manager places a note under the windscreen wiper of any vehicle parked on common property without permission. The note says the vehicle is breaching by-laws, warns the committee may take action, and provides two email addresses for more information.

Some owners of the offending vehicles claim it is illegal to touch their cars, even when they are parked on common property without permission. Is that correct?

Can a committee renew strata insurance without a general meeting?

By admin,

A compliant strata meeting per the Strata Scheme Management Act 2015 offers transparency and disclosure to all owners.

Does the decision to renew building insurance, made by the committee behind closed doors without a compliant strata meeting, fulfil the requirements for sufficient disclosure according to John Trowbridge's Strata Insurance Disclosure Handbook?

Do NSW strata law changes require updating managing agency agreements?

By admin,
  1. With the new NSW strata laws, are strata managers required to update current managing agency agreements by 3 February 2025, or will the disclosure laws only apply to new agreements?
  2. If the new laws apply retrospectively, will strata managers be required to include an annexure that can be attached to any current managing agency agreement?

Can strata managers increase insurance commissions each year?

By admin,

What can the strata committee do to address the strata managers' yearly increase in building insurance commission due to the ever-growing industry-wide higher costs of building insurance?

We have raised the insurance commission with the strata managers, and the response was:

'We disclose our fees received for insurance on each AGM Agenda. If the owners corporation do not wish to pay an insurance commission, then we would have to adjust our management fee as the building would not be profitable without that income.'