QLD: Q&A What about good old body corp community?

The LookUpStrata Team

6 years ago

Lot owners from QLD wondering about the level of body corp community in their scheme.

Table of Contents:

QUESTION: With no onsite manager, a resident acts as the point of contact. She holds keys and meets tradies. Is this a reasonable arrangement?

QUESTION: What happened to body corp community? I am frustrated with my committee’s apathy. The common property is not maintained and there is no communication. As an owner, how can I address these issues?

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Question: With no onsite manager, a resident acts as the point of contact. She holds keys and meets tradies. Is this a reasonable arrangement?

We have no onsite manager, all committee members are investors and don’t live in the complex, and our Body Corporate Manager is approx 30kms away.

The Body Corporate Manager has organised for one of the resident owners to act as a main point of contact for tradies. She has not been officially appointed as the onsite manager, however, she keeps keys for some areas of common property that others do not have. There are no minutes about this matter.

Can be the scheme managed like this?

Answer: For that owner, this arrangement puts them under a fair bit of responsibility and even potential liability, and I do wonder if this has been considered.

Yes – in a word.

Here’s the more elaborate reply: in your case, given the challenges of having someone on site, it seems – I stress, ‘seems’ – like what might be occurring is the best outcome you can probably get.

That said, all the more reason to try to be as process-oriented as possible: proper decision-making, with minutes, communicated as they need to be. If the owner in question has a contract, or anything resembling a contract, then she may fall under the legislative definition for a ‘service contractor’. I can’t quite tell from your query either way. Quite apart from anything else, it appears the owner is in possession of body corporate assets (the keys) and seems to have exclusive access to parts of the scheme (common property or otherwise), and really, that issue needs to be resolved as a priority. That is not something that can simply be informally arranged or decided by one person. For that owner, that puts them under a fair bit of responsibility and even potential liability, and I do wonder if they have thought about that clearly. Perhaps it is something you can have a discussion with them about.

Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898

This post appears in the September 2022 edition of The QLD Strata Magazine.

Question: What happened to body corp community? I am frustrated with my committee’s apathy. The common property is not maintained and there is no communication. As an owner, how can I address these issues?

I have recently bought into a small unit apartment block in Brisbane. I am the sole owner-occupier in the block.

I am trying to find out a number of things from our Strata managers. This is mostly regarding common property maintenance which is, in my opinion, abysmal with me now undertaking most of the gardening work. Believe me, I am no gardener and do not want to be.

I asked if there was a gardener under contract. The response was “no contract” with an ad hoc arrangement entered into by a previous owner (apparently). I’m told the gardener comes and cuts the lawn. I find this response strange as there is no lawn, only a nature strip which takes about 5 minutes to mow. Residents are responsible for their own courtyards. So what happens when the courtyard is overgrown into the common property or vice versa?

I have no idea how much we pay this gardener or how often he comes. Who then is responsible? There are a lot of trees on the property and they constantly drop twigs and branches. I attempt to keep the block looking tidy. There are trees on the common property which are now encroaching over a boundary fence into my exclusive use courtyard.

I am getting so frustrated with the committee’s apathy, not only failing to maintain the common property in a reasonable standard but also in avoiding to engage in any meaningful discussion with me, as an owner, as to how we can address this issue.

I have never encountered this in previous properties I have lived in and owned.

What has happened to good old body corp community? How can I ensure that my investment in my home is not devalued by this committee?

Answer: Get involved.

This one is simple

Get involved.

The world is run by those who show up, so if you are the only boots on the ground, take control and manage the affairs of the body corporate the way you want them managed. Don’t expect others to do the job you want to be done. Own it.

That will then out you in control of the value of your investment (and yes, those of the other owners).

Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500

This post appears in Strata News #185.