This article about strata levies during the COVID-19 pandemic has been supplied by Frank Higginson and Chris Irons, Hynes Legal.
In the midst of the COVID-19 pandemic, the strata sector is facing some big issues. Perhaps the biggest challenge (this week at least) is how to manage body corporate levies and other financial issues at a time when people are under all sorts of financial pressure. It can be hard enough to get people to pay strata levies when they have the money, let alone when they do not.
We think it is essential to identify the pain points for everyone in the sector when it comes to levies and then identify what can be done about it.
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There are a few points to make, before anything else:
- Even though these times are challenging and like nothing we have seen in our lifetimes, we can’t lose sight of humanity and compassion. People are under severe health, financial and emotional stress. Everyone is suffering in some way. Displaying empathy will hold everyone in good stead.
- While the body corporate income may stall as people slow in paying their levies, body corporate expenses don’t. Bodies corporate usually have very little discretionary spending in their budgets. As a simple example, insurers are hardly likely to discount their policies when they come up for renewal over the next 12 months because of what is happening now. Levy holidays won’t work for that reason. Not dealing with the financial issues now as they arise may just mean kicking the can down the roads for six months and having an issue then.
- Bodies corporate have not come up for any direct form of government relief and may not get any. That means committees are going to be left to navigate on their own.
We’ve tried to capture what we think are the main financial points in this matrix for Queensland bodies corporate. We’ve not cited sections of legislation here, even though all these points originate from legislative provisions – instead, we’ve kept it very high-level:
| Issues | Options | |
| Committees |
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| Owners |
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| Occupiers (tenants) |
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| Strata managers |
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| Caretakers / letting agents |
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Regardless of which of the above categories you fall into, here’s what we think are the key issues:
- Communication: start discussions early. Get the issues on the table and start a dialogue. Show respect and compassion, particularly respect for privacy. Keep appropriate notes. Explain why things are happening to those affected.
- Seek qualified advice: from government, legal practitioners, accountants, brokers and whomever you need to – just make sure they are qualified to provide the information you need to make good decisions.
- Act within your boundaries: know your role and what you can and can’t do. Be clear in communicating that and confirm your understanding with other parties you deal with.
- Be reasonable: in Queensland, bodies corporate must act reasonably. This varies according to each situation but can mean things such as not adopting a blanket policy without considering the specifics, or not simply refusing a request without good reasons for doing so.
- Take action: at some point you will have to take action. Don’t be afraid of decision-making, especially if that is your contracted or legislated obligation. If you need to initiate proceedings, do so knowing you have exhausted other options to resolve the situation
- Be flexible: These challenges are unprecedented and ever changing. Retain the ability to adapt as things evolve.
- Find the silver lining: What could you do now that would otherwise be disruptive? We are talking to some body corporate clients about accelerating building works in short stay schemes to take advantage of the lack of guests.
Make sure you thoroughly investigate what financial options might be available via the various financial assistance measures that have been announced. Click here: Coronavirus (COVID‑19) for the Federal Government and here: COVID-19 economic relief package – $4 billion to support Queenslanders’ health, jobs and businesses from the Queensland Government.
Hynes can provide you with advice around all of these issues. We take an holistic, pragmatic view to strata issues and, at this time of uncertainty and stress, that approach is more important than ever. Body corporate legislation does not deal with pandemics. If you want more detail about issues other than what we are seeing with levies, you can look at some of our Facebook live chats.
If you have a question about strata levies and COVID-19 or something to add to the article, please leave a comment below.
Read more:
- NAT: COVID-19 Q&A Session: Strata Living With the Coronavirus Crisis
- QLD: COVID-19 Frequently asked questions – Office of the BCCM
- QLD: Q&A Confining Residents During COVID-19 Lockdown
- QLD: How to Manage Work Orders During COVID-19
This post appears in Strata News #341.
Chris Irons
E: [email protected]
Frank Higginson
E: [email protected]
P: 07 3193 0500
W: Hynes Legal
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I own a townhouse in a block of 10 in Qld & our 3 committee members voted at the AGM end of February 2020 to increase our BC fees by $500.00. The chairpersons reason is:
To re-coup a deficit of $2023.00 from 2-3 years ago & an increase in the insurance from $5500.00 to $6700.00 in actual fact the insurance came in at $4800.00. 3 other owners agree this increase is unjust & extreme as the complex has no pool, no lifts, no tennis court & no gardens. Can they hike up the fees that much in 6 months from our last rates bill? Our fees are now $2044.00 half yearly.
Hi Tania
The following response has been provided by Chris Irons, Hynes Legal:
There is no cap on how much levies can increase each year and your levies are unconnected to your rates bill. At each AGM, the budget is presented to all owners and then you vote on it.
Voting is a numbers game.
You might not like the outcome of a vote but unless you can demonstrate the outcome was unreasonable or unlawful, that’s no reason to challenge it and if the vote properly passed, then the outcome stands.
Thanks for your timely advice, however, you don’t specify the roles of the Caretakers beyond self-interest issues such as remuneration. What about them carrying out their normal duties during this time like contracted lawn mowing, cleaning, etc? Can you please advise on these aspects of continuation.
Hi Hilary
The following response has been received from Chris Irons, Hynes Legal:
I’m not entirely clear what you are asking, but I assume it is about the contracted duties of the caretaker. The keyword being ‘contracted’. A caretaker is appointed under contract with their duties and remuneration part of the terms of the contract. As is the case with any contract, if the body corporate has queries about its interpretation or application they would generally need to seek legal advice.