Caretaking Agreement Top-Ups in Queensland: Does the Committee or All Owners Decide?

By admin,

We are lot owners and caretakers in our QLD body corporate. We want to request a 5 year top-up of our caretaking agreement. How do we proceed?

Is a special resolution required? Do we submit a motion to be included on the body corporate committee’s agenda? If the committee vote is past, is our top-up approved? Or does this decision need to go to an AGM to be voted on by all owners?

Is There a Standard Service Contractor Contract in Queensland, and How Binding Are These Agreements?

By admin,

I'm seeking clarification on current "standard" service contractor contracts to see how much they may have changed since 2004. Once a contract is signed, is it binding? Does this mean that both parties are required to abide by the specified terms, and no changes can be made unless signed by both parties in writing? If the service contractor may not have realised the implications of some clauses, does this mean they are invalid unless new legislation has been introduced that has to be complied with?

Who Can Appoint a Building Manager Under a Caretaking Agreement?

By admin,

Our building’s caretaker agreement is with a corporation and has a nominee. The nominee assigned their rights to another company, the building manager, who appointed a co-building manager.

Is the new co-building manager now an assignee, and should the committee have approved this appointment? The body corporate committee was established after the assignee was appointed but before the new building manager was appointed.

What Are a Body Corporate Committee’s Fire Safety and Inspection Responsibilities?

By admin,

Our complex has 8 units over 3 levels. There is no onsite manager.

What are the responsibilities of the Committee in relation to Fire Regulations? What are the fire equipment, etc requirements of a building this size? What do we have to do in regards to inspections on an annual basis?

What Authority Does a Body Corporate Have to Keep Fire Exit Routes Clear?

By admin,

What are the Body Corporate's responsibility and authority to keep a fire exit doorway clear of vehicles. I understand it is not advised for us to tow however, this particular exit is the main one for a 12 story building and whilst it is unlikely we will need it, we do have a responsibility to keep it clear. Where do we stand with this?

Who Is Responsible for Fixing Missing Fire Safety Items in New Class 2 Unit Buildings?

By admin,

Our new block of units appears to be deficient in a couple of non-serious areas when reading the QFES guidelines for a Class 2 building. The missing items seem to be things like written evacuation procedures and evacuation signage.

Our Body Corporate management company is telling us that the body corporate has to pay for these to be implemented. Surely the original owner, the developer from whom we all bought our properties, should have sold us our properties with these in place. As this did not happen, surely they should pay for these items?

Why Are Deadbolts Allowed on Some Unit Doors but Not on Fire Doors?

By admin,

I am an owner-occupier of a unit (Class 2 building) built in 1989 & have had a recent fire inspection and my unit fire door has failed to meet standards due to the presence of a deadbolt. The deadbolt was put in place 18 months ago when I moved in and the fire audit 12 months ago failed to identify it as non-compliant.

I'm confused as I have friends living in units of similar age and in units in newer buildings who have deadbolts on their unit doors that are permitted.

Is there different legislation covering different units of varying age?

Can a Fire-Rated Door Be Trimmed Without Affecting Fire Safety Compliance?

By admin,

We are installing flooring over a tiled entrance which is accessed through a fire door. To enable the door to open and close the fire door would need to be shaved. Is this permitted? If so, what procedures do we need to take to ensure the door is Fire Safety compliance?

Can Smart Locks Be Used on Apartment Egress Doors Without Breaching Fire Safety Rules?

By admin,

We fitted a Smart Lock device to our access door for our apartment. The smart lock allows us to access the door using a pin code, swipe card or key.

A month after installation, we discovered we are not allowed to fit anything to the door as it is classed as an egress fire door. We've offered to give the Building Manager a key or to modify the device to allow anyone holding the master key to gain entry. The locking device is fire rated.

Is this workaround acceptable? The Building Manager is concerned.

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