Question: What are the requirements for a mobile ice cream van to sell products on common property?
Answer: Check your by-laws first, since many schemes restrict commercial activity on common property.
There’s quite a bit to work through here, and the steps to take will depend on the specifics of the proposal and your scheme.
Check your by-laws first. Many schemes have by-laws restricting commercial activity in lots or on common property. If yours do, you may need a by-law amendment before anything else can progress.
Then consider the external requirements:
- Does the operator hold the relevant food business licence under Queensland Health requirements?
- Does your local council require a permit for a mobile food vendor operating on private property?
- Does your body corporate’s public liability insurance cover commercial activity by a third party on common property? Check with your insurer before approving anything.
Think through the liability exposure. If something goes wrong, like a slip or a food safety incident, and the body corporate gave permission without the right approvals in place, it may share in the liability. A brief legal review is worth it if this is more than a one-off event.
The nature of the arrangement may matter as well. Is this a one-time visit, a regular arrangement, or a lease of common property space? Is the body corporate receiving payment? Each scenario carries different approval requirements and risk profiles.
Get clear answers to those questions before any permission is given, and document whatever approval process you follow.
This post appears in Strata News #804.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924
