What can owners do if a body corporate breaches by-laws, excludes owners from meetings, and uses unlicensed people for works and finances?
Our body corporate has repeated governance issues. By-laws and regulations have been breached, and some owners have been locked out of online meetings.
A committee member has organised or carried out works such as water ingress repairs and tennis court repairs, even though these jobs require licensed contractors. Owners face a significant increase in levies, which we believe results from poor financial management over the past year.
What practical options do owners have to address these issues? What enforcement or consequences apply if the body corporate continues to act improperly?
Someone has to put their hands up to do the job.
You can really attack this two ways. The first is to go and seek orders preventing things from being done the way they are, which will mean you need to be able to prove (in effect) breaches of the Act somewhere.
The alternative – and quicker – approach would be to rally owners to change the committee and import better governance. That would mean you need to replace the current members with new conscripts.
It is one of the issues with strata. Someone has to put their hands up to do the job, and if it’s not you, you can potentially be stuck with people not doing it the way you would like it done.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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