How can we compel the strata committee to enforce council regulations regarding short-term accommodation usage, given the potential impact on our building insurance policy?
Several units in our scheme have applied to Brisbane City Council for their unit's DA to be changed to short-term accommodation.
The council granted the DA change, stipulating that the units must now be used for STA only. However, not all units that changed their DA are being used for STA. Some rent long-term and some are owner-occupied, which breaches council DA regulations.
An inquiry with our Building Insurance Brokers advised the body corporate is responsible for strictly adhering to all local council regulations, and failure could potentially prejudice our building insurance policy.
As owners are not complying with council regulations and Development Approval rights, could this impact our Building Insurance Policy?
We have tried to get the committee to enforce compliance with council regulations, but they aren't interested.
How do we get the committee to enforce the council regulations?
It is for the council to enforce its requirements, not the committee.
It is for the council to enforce the council's requirements – not the committee. However, the committee should take action to resolve the issue to ensure the building's insurance policy is not compromised.
The issue here is that by having the council take enforcement action, there is a risk that it is misdirected at the body corporate rather than the specific owners.
I would suggest that a careful approach is made to the council concerning the non-compliance with the development approval. The approach should be carefully considered to ensure that any enforcement action by the council is directed at the owners and not the body corporate. It may also be worthwhile considering if there are any by-laws that are being indirectly breached that can then be raised with the committee through a BCCM Form 1. That would enable the committee (or concerned lot owners) to progress by-law enforcement action separately.
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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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