Can a strata committee split project spending to stay under the limit?

By admin,

Given that the committee cannot spend more than its spending limit and the committee cannot divide a project in smaller parts, can a committee spread the spending for a project over several years so that each year the amount is less than the spending limit, in order to avoid having to obtain approval by ordinary resolution at a general meeting?

Is the committee obliged to send out the Statement of Accounts with the minutes when the Statement of Accounts is an agenda item? If they are not, then when can owners have the opportunity to ask questions about expenditures?

Can strata improvements be approved retrospectively at a general meeting?

By admin,

We are in a complex of 140 units under the Accommodation Module and Building Format Plan.

The committee has been advised that approval can be given for improvements to Exclusive Use and Common Areas that exceed the $3000 limit on the condition they are then ratified retrospectively at a general meeting. In other words, the applicant doesn't have to wait for a General Meeting to commence the improvements but must seek retrospective approval at a General Meeting. This is in effect a workaround of Section 183 and Section 177 of the Regulations. Is the advice correct?

Can a body corporate spend funds on maintenance of private lots?

By admin,

Our committee has recently approved a motion to use body corporate funds to pay a contractor to mow the private lawns of about half a dozen lot owners. As our townhouse complex (48 units) is a Standard Format Plan I assumed that lot owners were responsible for the maintenance of their lot and not the responsibility of the body corporate.

The minutes of the relevant meeting stated that the body corporate made the decision to pay out of body corporate funds because it would "benefit the whole community".

Do you need a meeting each time strata maintenance is required?

By admin,

Our Sinking fund is formulated each 5 years by a quantity surveyor.

In our sinking fund, we have a very large sum for “unforeseen”.

Our complex is 33 yrs old.

We held a general meeting to allow us to use these “unforeseen" funds to reline broken pipes under the complex driveway.

The problem with roots in broken pipes is a continual problem.

Do we require a General Meeting each time this happens to pass a motion to use these funds?

Can a body corporate use funds to fix a bylaw breach?

By admin,

I live in a body corporate. My neighbour has installed a clothesline that is visible from outside the lot and is in contravention of our by-law as set out in the CMS. The body corporate issued BCCM forms 11 & 10. The owner has not responded and the matter has been taken to the BCCM conciliator, and now the BCCM Adjudicator.