A body corporate's duty of care regarding falling objects

By admin,

At our 9-storey complex, the five lots on the ground level have large, uncovered, exclusive-use courtyards. Some of the owners of these lots want the body corporate to pay for structures to be erected over their courtyards to protect them from anything that may fall from lot balconies above. The chairman favours this, claiming that body corporate's owe a duty of care regarding falling objects to those owners on the ground level. Do we have a duty of care to one owner arising from the negligence of another owner?

Can a body corporate force residents to use the fire stairs for pet exits?

By admin,

We are new owners in a body corporate. The committee is establishing a pet protocol, which we think is unreasonable.

To avoid pets on common property areas, the committee asked owners to only exit the building with pets via the dangerous driveway ramp. They have changed the request to exit via the fire stairwell. Many residents are elderly, with small, aged pets. Many pets and adults are not capable of taking the stairs.

How to get body corporate approval for a storage cage upgrade

By admin,

I want to upgrade my exclusive use storage cage structure from steel wire to a more secure diamond aluminium grill at my expense. The storage cage is a stand-alone structure between two concrete pillars.

Do I need approval? If so, what is the approval process? What challenges may I face?

Developing a CCTV Policy for Your Apartment Building

By admin,

Our owners corporation committee (OCC) wants CCTV cameras in our common areas, including the pool and gymnasium. I'm very supportive of additional security measures outside the building. Everyone should feel safe in their home. However, I find this an extreme measure that will impact owners' enjoyment. Residents have not been consulted on the placement of cameras, and no policies have been circulated.

Can the OCC do this? Should the committee develop a CCTV policy for our apartment building? How can residents approach this matter with the OCC?

How do I make a complaint about an abusive building manager?

By admin,

I'd like to make a complaint about the abusive language used by a contracted building manager. Can this complaint be made on a Consumer Affairs Vic (CAV) form, as the OC Act does not cover the building manager? I have reported the issue to the owners corporation manager (OCM) and OC resident committee chair. The OCM said to use the CAV form by crossing out "manager" and replacing this with "building manager", however this doesn't solve the breach.

How to dispose of abandoned goods in a WA strata scheme

By admin,

Our 72-lot apartment complex in WA has a bicycle room as part of our common property.

Some bikes stored in the room have not been moved/used in years.

What are the rules about discarding items left on common property by previous residents? How much notice do we need to give current residents to identify their bikes? We'd like to know how to dispose of abandoned goods in a WA strata scheme

What is a real estate agent’s role if they manage a strata lot?

By admin,

We are a small self managed strata of 3 townhouses. I am the secretary of our committee. A real estate manages one of the townhouses for the lot owner.

What are the legal implications of a real estate agent in strata? What is the role of a real estate agent if they manage a lot, and what are the owners corporation's responsibilities to them? The other two townhouses are owner occupied. The real estate manager is making demands on behalf of the tenants and asking about our strata business. Should the real estate be doing this? Is this part of their role?

Unjust enrichment in body corporate insurance claims?

By admin,

A leaking common property pipe caused water damage to an individual lot under a standard format plan in Queensland. The lot owner filed a claim with their contents insurance and received compensation for the damages. The body corporate reimbursed the owner for the insurance excess.