Can I park a motorcycle and a car in my exclusive use bay?

By Neziah,

Our lot has an exclusive use parking bay allocated in the community management statement (CMS). The exclusive use by-law allows parking of operational, roadworthy motor vehicles. It doesn't prohibit motorcycles or limit the bay to one vehicle.

I park my roadworthy motorcycle and car together, wholly within the bay. The motorcycle sits between the car and a concrete wall, and there's no pedestrian walkway or access behind the car.

How do owners get a forensic accountant to review the body corporate books?

By Neziah,

Our complex has three separate community titles schemes: apartments, villas and common area. While reviewing invoices on our portal, we noticed the caretaker appears to be spending money we don't believe the committees have authorised.

We contacted our body corporate, who hasn't really responded. When we pushed, they said they would try to arrange a meeting between the committees and the caretaker. That was a week ago, and we haven't heard anything since. We're concerned the caretaker and the body corporate manager aren't acting in our community's best interests.

Are owners being scared off adjudication by costs orders?

By Neziah,

I'm aware of owners being warned that returning to the tribunal risks a punitive costs order. That pushes them away from the very forum that's meant to resolve these disputes cheaply.

Is that a sign the low-cost dispute pathway isn't actually low-cost or low-risk in practice? And if so, what would fix it?

Does an AGM insurance motion cover spending above the limit?

By Neziah,

Section 162 of the Body Corporate and Community Management (Accommodation Module) Regulation 2020 states:

(1) The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if—
(a) the spending is specifically authorised by ordinary resolution of the body corporate;

This is our standard AGM insurance motion:

Can a committee member vote on repairs to their own lot?

By Neziah,

What happens when the owner whose lot caused a defect sits on the committee, sometimes as treasurer or secretary, and votes on the very repairs affecting their own unit?

Should the legislation make it mandatory for any committee member with a direct financial interest in a defect decision to step aside, not just disclose their interest?

Should owners get costs back when repairs are delayed for years?

By Neziah,

I've lived through a dispute where the body corporate had independent expert advice on a structural problem for years before it acted. All that time, the cost and the risk sat with the owner, first to keep proving the problem was real, then to force any action at all.

Shouldn't the Act make cost recovery automatic in that situation, once it's shown the advice existed and wasn't acted on? Now, owners have to fight a second, separate battle to get their money back.

Could better communication have resulted in an approved sinking fund budget?

By Neziah,

We're a six-lot complex under the Standard Module. At our recent AGM, the motion to approve the sinking fund budget and raise levies was defeated, with three votes for and three against. The three owners who voted against didn't attend the meeting. They submitted their votes in writing beforehand.

Can the chair approve a plumber’s invoice for work on their own lot?

By Neziah,

Our chairperson engaged a plumber for a water leak on their own lot (Lot A). They approved payment of the invoice directly with the body corporate manager, without the rest of the committee knowing. I'm treasurer. The committee only found out a couple of months later.

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