This article discusses what a NSW owner buying a Queensland strata property should know about different laws, owner records and meetings.
Question: I’m in NSW and recently purchase a strata property in QLD. How vastly different are rules in each state? Why aren’t my details updated as the owner? I’ve got many questions.
I currently live in NSW and purchased an investment property in a strata complex in QLD at the end of 2020. I have been sent the latest 2021 strata report (prior to our 2021 AGM) dating 2020 with the previous owner or my lots name on the report. I was hoping since it is a brand new year and new estate development that the information would contain updated owners details? Does the report need to be amended to reflect current owners?
On another note, the strata management for the complex is based in NSW and the property is in QLD. The strata management didn’t offer zoom meetings during the Covid pandemic for the property. How are meetings supposed to be held regardless of covid if the management is in a completely different state?
Further, my strata levies payment receipt has a different company name on it to the name of the strata company that manages the complex.
This all seems strange. How vastly different are rules in each state? How can I learn more about the complex and where do I go to find out about these things? I am confused.
Answer: Take a deep breath and try to approach things bit by bit, seeking qualified assistance when you need to.
Firstly, welcome to the wonderful world of strata! It can indeed be a complex and tangled web. Your best bet is to do everything you can to not feel too overwhelmed by it. It takes many, many years for anyone to be a strata ‘expert’ (and even then, that expertise might be pretty limited).
With that in mind, I’ll go to your last queries first. Strata laws are different in each State and Territory. While there are some common, basic concepts (e.g., decisions are made as a group, distinctions between common and individual property), the legislation is very different in other areas.
In Queensland, you have the advantage of a thing called the Commissioner’s Office (I used to be the Commissioner). It’s the only Office of its type in the world, providing free strata information (not legal advice though) and dispute resolution. They have a wealth of information online, including a free online training course. Have a look: www.qld.gov.au/bodycorproate.
On the conduct of meetings, in Queensland, while it absolutely makes sense for meetings to be held electronically, it’s not compulsory and it remains an individual choice for each body corporate. That choice can be made by ordinary resolution (i.e. a simple majority) at a meeting of all owners. While I agree it might be challenging to have a Queensland property managed by a NSW strata firm, it’s certainly not impossible.
In relation to the points you make in your opening paragraph: I’m not clear on what you mean by a ‘report’. There are papers which go with an Annual General Meeting, is that possibly what you are referring to? In Queensland, there are legislated provisions about how and when a new owner’s details are to be supplied to the secretary (i.e., the strata manager in this case) and typically this is done as part of conveyancing and settlement. If your details aren’t in the body corporate roll, which is what you appear to be suggesting, then yes, that’s a problem and needs to be followed up. Having an up-to-date roll of all owners is an essential part of any body corporate.
My tip? Take a deep breath and try to approach things bit by bit, seeking qualified assistance when you need to.
This post appears in Strata News #528.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898