Question: Our apartment block’s roof garden can be accessed by the 6 top floor units. The body corporate has always maintained this space, but recently said they will no longer pay for this. How have the BC got it wrong for so many years?
For around 15 years, the body corporate has maintained our roof gardens of our 6-floor apartment complex. This roof protects all 40 units. Only the 6 top floor lots have access to this area.
The body corporate manager recently advised owners that the bc was no longer maintaining the roof space. How have our committees and body corporate managers got it wrong for so many years?
Answer: How does something like this happen? All too easily.
How does something like this happen? All too easily. Plans and documents aren’t always 100 per cent definitive and the people interpreting them don’t always have the full range of knowledge needed to make an absolute determination. The first year or so of a building when decisions like this tend to get made also tend to be the most chaotic. There’s a rush to get things done and errors get made. Once a decision gets made, people think it is set in stone and no one thinks to challenge it. There are all sorts of human reasons why this kind of situation can arise. The question is, what happens when you do become aware?
In this case, at least you seem to have a body corporate manager with the alacrity to see the mistake and to bring it to your attention. If you wanted any verification of the opinion you could seek the advice of a strata solicitor.
The new understanding then needs to be assimilated and management of the plan, particularly levies will change. There are going to be some winners and losers from that, but that’s how it goes. A mistake may have been made in the past but once the body corporate is aware of it, it can’t continue to perpetrate the same error in the future. Can there be any adjustment for payments made in the past? You can’t put the toothpaste back in the tube once it is out and unless there has been a deliberate cover-up of information it is hard to rectify past events.
You might also ask whether the body corporate can prevent this kind of thing happening in the future? Probably not 100%, but there are some steps you can take. Active Committees can help stay on top of issues like this. Owners need to make sure they are aware of all aspects of their scheme and read carefully though distributed documents such as AGM notices. To assist them, the Body Corporate should look to work with managers who are knowledgeable and have capacity to put time into your scheme – it sounds like you have one – they may cost a bit more but they can help save you from critical errors. Ultimately, there are no guarantees, but with diligence and commitment this kind of situation can be avoided.
This post appears in the August 2022 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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