We live in a rural body corporate estate with waterfront views. The original building covenants for the estate included provisions for tree heights on private lots. We recently found out that because the developer's building covenant is not registered within the CMS, the body corporate cannot take action with regards to that original covenant and therefore the tree heights which were stipulated in that covenant cannot be enforced.
The new CMS to be voted at the next AGM has some new clauses. Can there be different rules about what can be placed on a balcony depending on how the balcony is positioned in the building? In our building, we have interior pool facing balconies, and exterior-facing balconies.
Can a BBQ and a Washing line be both banned from the Internal facing balconies (pool facing) but can be stored and used on the other Balcony facing the back (external).
As a caretaker who owned a lot in the complex, I signed a caretaker agreement and letting agreement with the body corporate that allow me to carry out a caretaker and letting business from the manager’s lot.
I also hold a full real estate agent license that qualifies me for real estate sales. Can I conduct a real estate sales business from the onsite manager’s lot?
We are owner occupiers of a unit on the Sunshine Coast, Queensland. We would like to put a small gas BBQ on our balcony, however, we have been advised that the By-laws for our building do not permit gas BBQs.
I have been unable to locate anything in the QLD Fire Regulations which state that gas BBQs are not permitted in strata title units.
Further, we have observed other unit blocks in our area have gas BBQs on their balconies. Should we be allowed to install a gas BBQ on our balcony if the balcony forms part of our unit?
We have a line that defines the BBQ area and pool area. The pool area has signage stating "no food, alcohol, glass or pets in the pool area", but we are finding some residents are not abiding.
The Body Corporates' concern is that an accident or deliberate act of glass breakage may occur. We know it is costly and inconvenient for all residents when a pool needs to be drained. So do we be proactive now and ban ALL glass, including wine and beer bottles, from the whole area?
How do we manage this without having an onsite manager 24/7?
The QLD BCCM Act provides that occupiers must “not permit” either interference with support, shelter, utility infrastructure or utility services, or the use of a lot or common property that causes a nuisance or hazard to others. (section 165 – section 167)
We are a complex of 18 units. There are eight clotheslines for all residents. One tenant uses three clotheslines daily and leaves their washing on the lines from early until late. There excessive use restricts residents’ access to the clotheslines.
We have gently approached the tenant, requesting they remove their washing from the lines when it is dry but there has been no change. How should we approach this problem?
We are residents of a small complex of eight units and have just lost the person who volunteered to manage our bins for the past eighteen years. Responsibility for the bins now falls to each resident, as stipulated in our standard by-laws.
Council is not happy as our bin enclosure only has a capacity for ten bins. We intend to house eight waste bins in the enclosure and accommodate eight recycle bins in the front patio of each unit, but Council is not happy with this arrangement either.
I have recently become chairperson of our body corporate committee. Our 24 lot complex was built in 1991. In 2017, through a special resolution at our AGM, all lot owners had the chance to vote to introduce a by-law to allocate one car park per lot within each garage and 12 visitor car parks.
A lot owner insists 100% of owners were required to agree with the change. I believe we only needed two-thirds of voters to agree.
The lot owner believes the by-law is invalid as it isn't registered with our local council.
Is the by-law valid?