QLD: Q&A Body Corporate Rules and Queensland Duplex Insurance

Lot owners from QLD are looking to purchase a villa or duplex and are wondering what is covered by body corporate. What are the rules about duplex insurance in Queensland?

Table of Contents:

• QUESTION: I own both units of a duplex on one piece of land. I reside in one and rent the other out. There is a shared roof and driveway. What type of insurance do I need?
• QUESTION: What is the process of filling a committee vacancy under the small schemes module?
• QUESTION: Our insurance annual premium have increased significantly. How do we find the best and most affordable insurance for our property?
• QUESTION: In a duplex, what if the other lot owner will not contribute to insurance? In a duplex, can each lot owner take out insurance separately? What are the rules about duplex insurance in Queensland?
• QUESTION: We live in a duplex and a boundary fence needs replacing. Is the cost of boundary fences in a duplex the responsibility of both owners of the duplex and the neighbouring property?
• QUESTION: I’m looking to buy a villa or duplex in a small strata scheme. Can they make their own rules or is there any Queensland government legislation about the insurance requirements or what is covered by body corporate?

Question: I own both units of a duplex on one piece of land. I reside in one and rent the other out. There is a shared roof and driveway. What type of insurance do I need?

Answer: You need Strata Insurance covering the building and public liability insurance for common areas.

In Queensland, the BCCM Act requires that a body corporate must insure buildings with shared walls. In this instance, you will need Strata Insurance covering the building and public liability insurance for common areas and you will need a separate contents/landlords insurance policy covering contents items not covered by strata insurance.

With regard to what is not covered by strata (and covered by contents/landlords insurance) – the basic principle is that if you pick the unit up and shake it anything that falls out is lot owners contents + temporary flooring such as carpet, blinds & curtains, appliances that are not permanently attached, aircon units servicing an individual lot (QLD only).

Tyrone Shandiman
Strata Insurance Solutions
E: [email protected]
P: 07 3899 5129

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in Strata News #591.

Question: What is the process of filling a committee vacancy under the small schemes module?

What is the process of filling a committee vacancy under the small schemes module? I would appreciate clarification specifically to the Small schemes module. Given there are only 2 committee positions, can the remaining committee member appoint another eligible person to the committee or MUST an EGM be called to appoint someone to fill the vacancy?

Question: If the Secretary or Treasurer position becomes vacant during the year, the Body Corporate must hold an extraordinary general meeting to appoint an eligible person to fill the vacancy on the Committee, even if there is a remaining Committee Member.

The Committee for a Body Corporate classified under the Small Schemes Module only consists of two members; a Secretary and Treasurer. These members are elected at each Annual General Meeting unless all the lots in the scheme are owned by the same person or 2 different people.

If the Secretary or Treasurer position becomes vacant during the year, the Body Corporate must hold an extraordinary general meeting to appoint an eligible person to fill the vacancy on the Committee, even if there is a remaining Committee Member.

However, in the event all the lots in the Body Corporate are owned by only 2 people, these owners must come to a mutual agreement about who will hold the Committee positions and if an agreement can’t be reached, they hold the positions jointly.

Jessica Beckett
SSKB
E: [email protected]
P: 07 5504 2000

This post appears in Strata News #587.

Question: Our insurance annual premium have increased significantly. How do we find the best and most affordable insurance for our property?

We own and live in a duplex. The other owners rent their duplex. Both lot owners are on very good terms and we have always come together for reasonable strata insurance.

Recently, our insurance company has increased our annual premium significantly. Is there anything we can do to find the best and most affordable insurance for our property?

Answer: Go to market and seek quotes

There are a number of things that can be done to reduce your premium.

Firstly, go to market and seek quotes. For duplex’s direct insurers are often the best insurers to approach.

The next thing is to check your building sum insured. Some insurers will increase the sum insured by 5% each year even in years where the actual increase is much less. This can have the impact of inflating the sum insured above what is required. In QLD it is a requirement that an insurance rebuild valuation is conducted every five years – an opinion by a valuer may recommend a reduction in your sum insured which will reduce premiums.

Lastly, you can consider increasing your excesses as a way of reducing premiums.

We are currently experiencing a hardening market which means premiums are increasing, but the above three measures should be considered as options for reducing premiums.

Tyrone Shandiman
Strata Insurance Solutions
E: [email protected]
P: 07 3899 5129

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in the September 2021 edition of The QLD Strata Magazine.

Question: In a duplex, what if the other lot owner will not contribute to insurance? In a duplex, can each lot owner take out insurance separately? What are the rules about duplex insurance in Queensland?

Answer: In Queensland, if the duplex doesn’t have a common wall or roof, and is a standalone property then you can take out insurance separately. And if it’s not, you can’t.

In relation to duplexes, the first thing to establish is does the duplex have common walls or a common roof? If it has either of those things, the building must be insured as one property and therefore it must fall under strata title property policy.

If you’re having issues with the other lot owner contributing to that policy, the first advice I give anyone is to try and resolve it without it being a conflict between yourself and that owner. Have a chat with them and if you can’t talk reason with that owner, then there is the availability of the commissioner who can make orders that the owner does pay for their portion of insurance.

If the property doesn’t have common walls and your lot is a standalone property, you can insure it separately under home insurance. But, the Act does say that the common property (that could be things like driveways or other areas of common land) must have public liability insurance. So it can sometimes be difficult to get around that specific requirement of sharing the policy. But it does look at specific circumstances.

In Queensland, if the duplex doesn’t have a common wall or roof, and is a standalone property then you can take out insurance separately. And if it’s not, you can’t.

Tyrone Shandiman
Strata Insurance Solutions
E: [email protected]
P: 07 3899 5129

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in Strata News #386.

Question: We live in a duplex and a boundary fence needs replacing. Is the cost of boundary fences in a duplex the responsibility of both owners of the duplex and the neighbouring property?

We live in a duplex in Queensland and the boundary fence needs to be replaced.

The fence is on the boundary that runs along the side of duplex 2 and the next door neighbour.

I believe a Fair Trading ruling recently stated that the cost of boundary fences in a duplex are the responsibility of both owners of the duplex and the neighbouring property. The costs were split:

• Duplex 1: 25%
• Duplex 2: 25%
• the neighbouring property 50%.

Is this the ruling for fence replacements on QLD duplex sites?

Answer: The maintenance apportionment and responsibility ultimately depend on your specific circumstances.

The Neighbourhood Disputes Resolution (Dividing Fences and Trees) Act 2011 (Qld) (NDA) is the applicable law in Queensland relevant to dividing fence matters. Generally, under the NDA, adjoining owners are jointly responsible for the maintenance of boundary fences.

Section 311 of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) provides that for the purposes of the NDA, the body corporate for a community titles scheme is taken to be the owner of the scheme land.

In Odyssey Villas [2018] QBCCMCmr 194, the adjudicator considered the maintenance responsibility of a scheme boundary fence that also formed the boundary of an exclusive use area, relevantly providing (our emphasis):

“Maintenance of boundary fences falls to the Body Corporate, regardless of whether they are also the boundaries of a lot or an exclusive use area, as section 311 of the Act treats the Body Corporate as the owner of the land for the purposes of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Dividing Fences Act), with some limited exceptions.

While scheme by-laws may provide that lot 7 is responsible for the maintenance of their exclusive use area, by-laws are limited to the extent that they are inconsistent with legislation. In this case, section 311 of the Act, read with the Dividing Fences Act, is clear that the Body Corporate is responsible for maintenance of the boundary fence, regardless of who benefits from it.”

Accordingly, the general position is that the body corporate is responsible for the maintenance of a fence that forms the boundary of the scheme. To the extent the fence is a dividing fence under the NDA, the neighbouring lot owner (outside the scheme) will be responsible to contribute to some of the maintenance costs.

Of course, the maintenance apportionment and responsibility ultimately depend on your specific circumstances. As just a few examples, the above position can change if the fence is actually a retaining wall, if one party caused the damage to the fence, or if the fence does not form the boundary of the scheme.

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #314.

Question: I’m looking to buy a villa or duplex in a small strata scheme. Can they make their own rules or is there any Queensland government legislation about the insurance requirements or what is covered by body corporate?

I am looking to buy a duplex or a villa in a small complex up to six units.

Can they make their own rules or is there a Queensland government legislation for a duplex regarding insurance, plumbing, electrical, roof repairs, fencing. What is covered by body corporate?

I am confused as the sellers claim the body corporate only pays for the building insurance and gardening. Does this sound right?

Answer: This is the difference between sales patter and legal detail.

Lots in small schemes are often sold on low body corporate levies and the absolute minimum for levies is insurance. After that what is needed depends on what the common property is.

In this one there is some gardening. There would also be (probably) whatever common infrastructure (pipes etc), driveway, letterbox, roof (it is a supporting structure for both lots) and so on.

The body corporate’s obligations to maintain these things is absolute. A body corporate cannot contract out of that obligation. But the maintenance of them is very likely capital in nature, which is what a sinking fund does.

Self managed strata

If this building is self-managed (like lots of small ones are), it wouldn’t surprise me if the levies are just for insurance and gardening and there is no sinking fund, which means that if (and when) any of those other things need work, owners have to be hit up for it as 1/6th of whatever that now urgent cost is.

So in short:-

1. The act sets out the rules for how these things must be maintained;
2. If the budgets are not properly managed now, there can be surprises at the end.

But you also never know if the agent is just doing the usual sales pitch without seeing any of the detail and it is all in fact built into a proper sinking fund budget which does form part of the levies!

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #182.

Have a question about the rules for a duplex or duplex insurance in Queensland or something to add to the article? Leave a comment below.

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