If contractors come to fix something in the building on a ad-hoc and irregular basis, are they considered visitors? Does this interpretation include a crew of workers, working on a long term contract in the building for up to 6 months?
A large part of the interpretation would depend on whether the contractor was attending a lot.
Assuming that there were no peculiar or specific development approval conditions which dealt with these two different scenarios, adjudicators take the following interpretation as to who is a visitor:
A bona fide visitor is someone who is not the owner or occupier, however temporary that occupation may be. If holiday-makers are renting units, they are treated as “occupiers” and must use the unit’s exclusive use area carport. A visitor is someone who calls on the owner or occupier. The length of time over which a visitor needs to stay may vary depending on the purpose of the visit.
Accordingly, a large part of the interpretation would depend on whether the contractor was attending a lot – if they are calling on an occupier to work on a lot then they would be a visitor. If they are engaged by the body corporate it is less clear and the longer the arrangement, the less likely they are to be considered a visitor.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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