Is the owners corporation liable if an accident occurs when exiting a strata complex onto a busy road?

By admin,

We have a potential safety issue when exiting our complex. Our small complex of seven villas exits onto a busy main road. The road's speed limit is 50 km per hour. Local road rules permit parking on either side of our driveway, making it impossible to see oncoming traffic before being on the roadway. We've had one minor accident and many near misses. The committee has written and phoned the local council to see what can be done. Unfortunately, they have not responded. If there was a serious accident, what liability would the owners corporation (OC) have?

What is the correct process for replacing an owners corporation manager when the contract ends?

By admin,

Our committee does not wish to reappoint the current owners corporation manager for another 12 months at the forthcoming AGM. We have identified an alternative manager who could take over at the end of the current manager’s contract, which expires about a month after the AGM.

Do we need a majority of owners at the AGM to vote in favour of terminating the current OC manager for this motion to be passed?

Noise in your apartment building - What can you do?

By admin,

qld construction noise issuesWhat process we can follow when the local Brisbane council is the cause of noise issues? All owners in our apartment block have recently received a council letter stating that ongoing works will continue near to our inner city building until the early hours of the morning, with the noisiest works done up until 1 am!

Can a strata company pass CCTV footage retrieval costs onto lot owners?

By admin,

Owner's items were stolen from our parking bay area. The council of owners, via the strata manager, notified all owners of the incident and reminded them not to keep valuables in the car park area.

The notification also states that "any associated costs (such as retrieval of CCTV footage) will be passed onto the responsible lot owner in such cases - even if the request has been made from the WA Police". Is this allowed and/or reasonable?

Can a chairperson control a Gmail account in the strata company's name, and are owners entitled to access it?

By admin,

The chairperson created a Gmail account using the strata company’s registered name and uses it for strata business, including communication with owners, the strata manager and contractors. The account contains important strata company documents such as quotes, reports and correspondence. At the last AGM, owners passed a motion requiring the chairperson to grant all owners access to the account, as it holds the strata company’s records. Despite repeated requests, the chairperson refused and later claimed that providing access would breach privacy laws and that the motion was invalid.

Why are shared service costs charged by lot liability instead of split equally among all lot owners?

By admin,

Why is the cost associated with common area cleaning, courtyard gardening, checking exit and emergency lighting, lift contract fees, etc., paid using the lot liability method rather than equal charges, given that it benefits all lot owners equally?

These items and more can benefit all lot owners equally, whereas insurance can be paid using the lot liability method because of the differing area size.

How do we proceed with drainage repairs when the scope of works and costs are uncertain?

By admin,

We own a property in an owners corporation and have been made aware of some drainage issues that may require major works. The owners corporation are asking for consent to proceed with repairs by 9 am tomorrow but have only provided a rate schedule for the plumber and there is uncertainty around who will wear the costs.

This has been an issue in the past that was investigated and we have asked for previous minutes however the strata management company have told us that they don’t have access to these as they acquired a previous owners corporation and no longer have the records.