FactSheet: Strata Legislation Queensland

• QLD: Unfair Contracts in Strata Jan 2017 - As part of the Australian Consumer Law, the Federal government has created legislation to protect parties who are the recipient
• The Five Most Common Invalid Strata Title By Laws QLD Jan 2017 - Five clear examples of invalid strata title by laws QLD - including reasons why they are invalid. If your scheme
• QLD: Opposing Resolutions Without Dissent – the Final Say Oct 2016 - The longest running (and most expensive) dispute over a deck in Australia has been decided by the High Court. There
• QLD: Lot entitlements – Can you unscramble the egg? Oct 2016 - QUT professors have recommended a solution to the strata titled lot entitlements problem. Read on to find out what it
• QLD: Property Law Review – Have Your Say On Body Corporate Issues Oct 2016 - Before making any decisions about possible changes to the lot entitlements system, the Government would like to hear from the
• QLD: The golden rules of by-law enforcement Sep 2016 - Bylaw enforcement is not an optional activity. By-laws must be enforced, and the responsibility for their enforcement lies with the
• QLD: Enforcing By-Laws – Noisy Neighbour ordered to Remove Renovations Jun 2016 - This article discussing the enforcement of noise by-laws has been supplied by Mario Esera, HWL Ebsworth. If you have enjoyed

Department of JAG – BCCM Practice Directions

Chris Irons, Commissioner for Body Corporate and Community Management
Jun 2016: To assist parties who have either lodged dispute resolution applications or who may be considering doing so, the BCCM publishes a number of Practice Directions. The Practice Directions aim to cover most, if not all, of the most common queries about the dispute resolution processes.

Have your say on body corporate issues

Chris Irons, Commissioner for Body Corporate and Community Management
Dec 2015: As you may be aware, a review of Queensland’s property laws is being conducted by the Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) for the Queensland Government. The review includes examination of a number of important issues for unit owners and bodies corporate.

Can I Renovate A Unit?

Lisa Rutland, MyBodyCorpReport.com.au
Mar 2015: Strata By-Laws enforcement: Looking to renovate your apartment? There are restrictions on how, when and what you can do. Find out how much you need to involve the body corporate.

What does the future hold for by-law enforcement?

Jason Carlson, Thynne + Macartney
Jan 2015: Strata By-Laws enforcement: Bodies corporate in Queensland may soon be given the power to tow vehicles, issue on-the-spot fines for by-law breaches and ban pets and smoking from their scheme. Will that be good for community living?

Body Corporate Governance issues – BCCM discussion paper issued

Frank Higginson, Hynes Legal
Dec 2014: The government has issued the next BCCM discussion paper for those who want some light reading over Christmas.

Individual Water Meters for Apartments

Kelly Borell, Tower Body Corporate Administration
Nov 2014: We have received an increasing number of enquiries from Gold Coast bodies corporate recently, regarding the possibility of installing individual water meters to their strata schemes.

By-law basics – enforcing by-laws

Ingrid Rosemann, Acting Commissioner for Body Corporate & Community Management
Aug 2014: A body corporate has a legislative obligation enforce its strata by-laws. This is established under section 94(1)(b) of the Body Corporate and Community Management Act 1997. In this article I will note some issues regarding strata by-laws enforcement.

Bodies corporate need to take care drafting by-laws

Ingrid Rosemann, Acting Commissioner for Body Corporate & Community Management
Sep 2014: Many bodies corporate have strata by-laws stating that a lot cannot be used for non-residential purposes or that an occupier cannot conduct a business in a lot. Sometimes, the strata by-laws will specifically exclude the lot of the caretaker or authorised letting agent from the application of this restriction.

By-law Basics – Finding Your by-laws

Ingrid Rosemann, Acting Commissioner for Body Corporate & Community Management
Jul 2014: This article explains how to know what strata by-laws apply in a community titles scheme. This may seem like a straightforward question for many bodies corporate and for most it is. However for others there can be confusion as to what strata by-laws apply. This is a source of frequent queries to the information service provided by the Commissioner’s Office.

By-law basics – the capacity to make by-laws

Ingrid Rosemann, Acting Commissioner for Body Corporate & Community Management
May 2014: Strata By-laws are a significant issue for bodies corporate and a frequent source of dispute. Over the next few articles I would like to explore some of the basics and current issues relating to strata by-laws.

The 5 Areas Where Body Corporates Go Wrong

Lisa Rutland, MyBodyCorpReport.com.au
March 2014: For the most part body corporates are well managed, fiscally sound, have a great mix of residents and make for great investments. Sometimes though, they’re don’t and the results can be incredibly costly and stressful.

Can you sue a body corporate for committee actions you know are beyond their power?

Frank Higginson, Hynes Legal
Jan 2014: A case that reinforces the limits of a committee’s ability to act for a body corporate & when a BC will be held liable for unauthorised acts of the committee.

Does a body corporate have to include all submitted motions on a general meeting agenda?

Frank Higginson, Hynes Legal
Apr 2013: We get this question at least once a month. The answer has always been ‘Yes’. And why wouldn’t it be? The Modules requires that if a motion is submitted by an owner before the end of the body corporate’s financial year, then it must go on the AGM agenda (s. 69 Standard Module). Otherwise, if a motion is submitted at any other time it must simply go on the next general meeting agenda.

• QLD: Q&A Doggy Doo Is Not Cleaned Up – Who Enforces Bylaws? Aug 2017 - Question: One unit owner does not clean up after their rather large dog. It's part of the bylaws. Body Corporate
• QLD: Q&A AGM – Speaking To Or Against Motions When Most Owners Vote Remotely Sep 2016 - Since most owners don't attend the AGM and have the opportunity to vote electronically or by post, how do I

Q&A Oppressive or Unreasonable By-Laws Concerning Flooring

Frank Higginson, Hynes Legal
May 2016: Question: Is it worth our while trying to pursue this matter through the Commissioner on the oppressive/ unreasonable by-laws platform or should we simply install a product we really don’t want?

Q&A Builder Manager Duties and Privacy

Hynes Legal
Mar 2016: What is deemed appropriate behaviour by onsite managers. Do Builder Manager duties include the enforcing of strata bylaws and rules?

Two quotations if under the major spending limit?

Question

Qld Strata – is there a requirement for two quotations to be sought if under the major spending limit?

Answer

Please see the following quotation from The role of the committee fact sheet supplied by the Department of Justice & Attorney General:

“Quotes for major spending by the committee

Section 151 provides the relevant limit for committee spending can be set by the body corporate. The body corporate may set the relevant limit for committee spending to more than the relevant limit for major spending by the scheme (Standard Module Chapter 12 Dictionary). If the committee is considering a motion to carry out work that is more than the relevant limit for major spending for the scheme, the committee must obtain and consider at least two quotations for carrying out the work.”

Please note, from that same publication that:

“The committee cannot break down a single project into smaller components in order to bring the project within the limit of committee spending (Standard Module section 151).”
Therefore, if the amount of the whole project is below the major spending limit, then only one quote is required.

What does the future hold for by-law enforcement?

Jason Carlson, Thynne + Macartney
Jan 2015: By-Law enforcement: Bodies corporate in Queensland may soon be given the power to tow vehicles, issue on-the-spot fines for by-law breaches and ban pets and smoking from their scheme. Will that be good for community living?

Can a body corporate tow a car?

Frank Higginson, Hynes Legal
Oct 2014: Enforcement of by-laws, including strata parking concerns, is a committee issue. There is no scope under the BCCM Act for anyone to solve an issue on their own terms.

City carparking: Can I rent my spare spot?

BeesNees City Realty
Aug 2014: Apartment living’s still a new concept for many Australians, so we often come unstuck on our rights and obligations as owners and residents. So no-one should be embarrassed asking this question about the right to rent a spare carpark.

Can an owner rent out their exclusive use car space?

Robert Walker, Commissioner for Body Corporate and Community Management
Jul 2013: It is likely that many lot owners who do not personally need to use their exclusive use car places make arrangements for reward with third parties to use those spaces.

• QLD: Q&A Abandoned Cars in the Body Corporate Underground Carpark Aug 2016 - A tenant moves out and leaves his unregistered car in the Body Corporate's underground car park. What can you do
• QLD: Q&A Can A Lot Owner Use the Disabled Parking As An Extra Car Space? Jul 2016 - Strata Parking Allocation: Can an owner with a disability sticker use the disabled car space for an extra permanent parking
• QLD: Q&A Number of Carparks and Ordinary Resolution Jun 2016 - The following two questions are from Queensland strata lot owners concerning different aspects of strata living QLD - number of

• QLD: Crime In Surfers Paradise Communities [PODCAST] Jun 2017 - The challenge for strata owners is the fact they are living within close proximity to others, so the actions of
• QLD: Enforcing By-Laws – Noisy Neighbour ordered to Remove Renovations Jun 2016 - This article discussing the enforcement of noise by-laws has been supplied by Mario Esera, HWL Ebsworth. If you have enjoyed

Internal resolution of body corporate disputes

accomnews
Dec 2013: Got an issue at your scheme for something like strata noisy neighbours? Most readers will be aware that before making an application to the Office of the Commissioner for Body Corporate and Community Management for dispute resolution, a party must attempt to resolve the dispute by internal dispute resolution.

• QLD: Q&A Can I Get My Body Corporate to Test Noise Levels in My Unit? Jun 2017 - Question: As a lot owner, am I able to get the body corporate to test noise levels to ensure adequate
• QLD: Q&A Noisy floorboards upstairs disturb our peace Apr 2017 - Question: Is it legal to have floorboards in an upstairs unit? At times we are disturbed by the excessive noise

• QLD: Exclusive – Insurance Valuations have a ‘Use-By-Date’ Aug 2016 - Strata Insurance QLD: Generally, a new insurance valuation stating the full replacement value of your building must be obtained at
• Strata Insurance: Testing the Broader Market Jun 2016 - This article about strata insurance quotes has been supplied by Wayne Stevens (UOAQ President) Unit Owners Association of Queensland (UOAQ).

The Unit Owners’ Stairway to Insurers’ Heaven

Wayne Stevens (UOAQ President), Unit Owners Association of Queensland (UOAQ)
Feb 2016: Strata insurance in QLD is compulsory, and mostly about insuring the full replacement value for the entire building. Learn about avoiding the pitfalls here.

How often should you get an Insurance Rebuild Valuation?

Tyrone Shandiman, Strata Insurance Solutions
Dec 2015: An insurance rebuild valuation is a report by a qualified quantity surveyor with their professional opinion on how much the property should be insured for.

• QLD: Q&A Commercial Strata Insurance – What Does it Cover? Nov 2016 - Question: We own two commercial strata investment lots in SE Qld. Our contributions notice has an amount for strata insurance.

Q&As NSW & QLD: Children, Commercial Strata Parking Regulations & Strata Insurance

LookUpStrata + Andrew Jakes, Ace Body Corporate Management + Jan Browne, Ian McNamee & Partners + Whitbread Insurance Brokers
Mar 2016: Some great strata questions about children on common property, commercial strata regulations concerning parking and a strata insurance question!

The saga of Joe – the unwanted galah

Hynes Legal
Feb 2016: Our clients bought a lot in a building that had a no pet policy. They owned a galah called Joe. We had the inevitable argument over pets. Joe had lived in a cage for his entire life. He had previously lived in a community titles scheme without issue. He was quiet and clean and didn’t squawk and annoy people.

Strata Pets Qld

Kelly Borell, Tower Body Corporate Administration
Oct 2015: When it comes to strata pets in Queensland, can my body corporate really flatly refuse permission for animals on the grounds that they hate pets?

Pets in Body Corporates

Kelly Borell, Tower Body Corporate Administration
May 2015: What is a reasonable response to handling the issue of pets in body corporates?

• QLD: Q&A Doggy Doo Is Not Cleaned Up – Who Enforces Bylaws? Aug 2017 - Question: One unit owner does not clean up after their rather large dog. It's part of the bylaws. Body Corporate
• QLD: Q&A Do Apartments Allow Large Dogs? If Not, Where Do I Stand Legally? Jan 2017 - Do apartments allow large dogs? I have heard of many onsite managers having special approval for a dog, so surely

• QLD: Lot entitlements – Can you unscramble the egg? Oct 2016 - QUT professors have recommended a solution to the strata titled lot entitlements problem. Read on to find out what it
• QLD: Property Law Review – Have Your Say On Body Corporate Issues Oct 2016 - Before making any decisions about possible changes to the lot entitlements system, the Government would like to hear from the

Where my overdue strata levies fees charged in error & can I get a reimbursement?

Lisa Rutland, MyBodyCorpReport.com.au
Oct 2015: Being stuck with overdue strata levies fees due to a mixup with addresses can be costly – so who is in the wrong and are the overdue strata fees recoverable?

What is the Difference Between the Strata Administrative Fund and Sinking Fund in Queensland?

Kelly Borell, Tower Body Corporate Administration
Sep 2015: A common question from owners about their body corporate financials – “what is the difference between the Strata Administrative Fund and the Sinking Fund”?

What’s an “average” Brisbane body corp fee?

Bees Nees
Sep 2014: Located in Brisbane’s inner-city our sales team naturally sell a lot of apartments. So we get an up-close and personal look at the body corps of this city’s buildings, the details disclosed to home buyers before they sign up for any apartment or townhouse that’s part of a community title scheme.

• QLD: Q&A Implementing the 10 year sinking fund forecast May 2017 - Question: For the last two years the Body Corporate has significantly underspent against the current year expense forecast and then
• QLD: Q&A How Do Overseas Lot Owners Make Strata Fee Payments? Nov 2016 - Question: Most of our lot owners live overseas. How do they pay their strata fee payments, including levies and other
• QLD: Q&A If the Scheme Sells, Who Keeps the Sinking Fund Account Balance? Oct 2016 - Question: If our scheme sells to one buyer, do the lot owners or the purchaser get to keep the amount
• QLD: Q&A Calculating Average Levies and Sinking Fund Amounts Oct 2016 - Question: For a building of 4 townhouses, what would the average levies be? How much should we have in the

Q&As About Strata Living

Kelly Borell, Tower Body Corporate Administration
Apr 2016: Questions about changing to a self managed body corporate, filling committee positions and strata levies.

FAQs about QLD Strata Levy Information

What action can be taken against lot owners who don’t pay their levies?

Question

Levy recovery process: who designs the debt recovery process? The Regulation indicates 2 years as the time frame. What does this mean?

If 12% of lot owners are not paying their levies what is to stop all lot owners from not paying?

What action could be taken against all lot owners in this case? It seems like a minefield.

Answer

From Tower Body Corporate, QLD:

In Queensland, under the BCCM Act Standard Module 145 or Accommodation Module 143, the Body Corporate must recover the amount of the debt, if the levy amount has been unpaid for 2 years, the Body Corporate must, within 2 months after the end of the 2 year period, start action to recover the unpaid amount.

However, at each Committee Meeting that we attend, the financial statements are tabled along with an aged balance list which identify those owners who’s levies are in arrears.

If an owner pays the levy on time, depending on the scheme, they may be entitled to receive discount as an incentive to pay by the due date. This can be up to 20% of the levied amount.

If the owner owes a debt to the Body Corporate, they will not be eligible to receive the discount, and if the debt is passed to a Solicitor, the Solicitors costs may also be recoverable from the owner.

There may be a number of reasons why a particular owner is in debt, and in most cases the Committee will resolve to decide on the best course of action to be taken to recover the debt given the circumstances of the owner.

Our normal procedure at Tower Body Corporate allows for three stages of recovery of the arrears:

1. First reminder letter to owner
2. Second reminder letter to owner
3. Referred to Solicitors for levy recovery

In our experience, in most cases, the arrears are cleared before the file is referred to the Solicitors. There are of course those who continue to be in arrears and make no effort to clear the debt. In these cases, and following instructions from the Committee, the debt is passed to our Solicitors.

If 12% of owners are not paying their levies, there is nothing to stop all lot owners from not paying. However, the above recourse would come into place to recover the debt by being sent to Solicitors for recovery and could end up costing the Lot owner more in the long term.

• Strata Lifts: The 90-Day Exclusion Clause – A New Twist & It Can Really Hurt Sep 2016 - Check your lift maintenance contract terms and conditions. A body corporate could be severely penalised by a new exclusion clause
• QLD: Storm Strata Disaster – Double Asbestos Whammy Jun 2016 - Once again and is this becoming a regular event? Destruction from bad weather to Strata Units - this time with
• QLD: Top tips for Bodies Corporate dealing with Storm Damage Jun 2016 - This article discussing how to deal with damage caused by the recent Queensland storms has been supplied by Mario Esera,

Queensland Government introduces changes to overhaul smoke alarm systems

Deborah Sullivan, QIA Group Pty Ltd
Feb 2016: From 1 January 2017, all smoke alarm systems installed will need to be fully compliant for new buildings or when significant renovations occur.

The Risks With Long-Term Contracts: Lift Maintenance Contracts

Unit Owners Association of Queensland (UOAQ)
Jan 2016: Many complexes have long-term lift maintenance contracts: often, for 10 years or so. These contracts include 2 big risks to Body Corporate funds.

Working at heights in management rights

Frank Higginson, Hynes Legal
Apr 2015: Management rights remains a far less risky business from a WHS perspective than most industries. However, care must be taken when working at heights.

The Importance of Annual Fire Compliance in Strata

Pete Berney, Solutions In Engineering
Sep 2013: When the Queensland Fire and Rescue Service (QFRS) clarified annual fire compliance as a legal obligation they introduced a new regime with On-the-Spot fines of $3,000 per breach.

Queensland Fire Compliance in Strata

Joel Carkeet
Apr 2013: With Insurance companies nowadays cracking down on various compliance requirements in Strata Schemes, the largest area of concern is Fire Compliance and the need for Bodies Corporate to ‘tick the boxes’ for their insurance policy to continue.

• QLD: Q&A Health and Safety First Aid Kit Requirements For a Retirement Village Jan 2017 - Question: What are the Health and Safety First Aid Kit Requirements for Retirement Villages? Is it mandatory for a first-aid
• QLD: Q&A Number of Visitors – What Are The Rules For Common Property? Dec 2016 - Heading up the Christmas period, holiday season and long school holidays, are there rules for common property areas about how
• QLD: Q&A Abandoned Cars in the Body Corporate Underground Carpark Aug 2016 - A tenant moves out and leaves his unregistered car in the Body Corporate's underground car park. What can you do
• QLD: Q&A Unreasonable Interference to Prevent ‘Health Risk’ Aug 2016 - Question: Can we stop a resident from using the pool and spa facilities if they pose a potential health risk

FAQs regarding fire door compliance

Peter Pedersen, Spanline Fire Doors
Sep 2015: Do you know your fire door compliance? Here we provide some straight forward answers to some common questions regarding fire door compliance in Queensland.

• QLD: Can you build a contingency into a body corporate budget? Jun 2017 - What you absolutely cannot do is build a contingency (and call it that) into your body corporate budget. Having that
• QLD: Audits, Auditors & Planning For the Unexpected | EXCLUSIVE Dec 2016 - Many owners would be familiar with the confusion, and difficulty, in ensuring their body corporate financial statements are audited. The
• Who Manages Our Body Corporate Managers QLD? Caveat Emptor II Nov 2016 - There is an abundance of anecdotal information, supported by formal evidence like reported Adjudications, which informs us that there are
• The most expensive balcony in Queensland – High Court tells Bodies Corporate what it means to act “Reasonably” Oct 2016 - The High Court’s decision will no doubt come as a huge relief to Bodies Corporate in Queensland, in particular those
• QLD: QCAT disputes – can I get my costs paid? Oct 2016 - It is a mistake for parties and practitioners alike to assume costs will never be awarded in QCAT, as QCAT
• QLD: EXCLUSIVE – WHO KNEW? Some Insights into Strata Security. Master Keys… who has the keys to your unit? Sep 2016 - Do you know about your master key lock system? It is a common practice for nominated people at a complex
• QLD: EXCLUSIVE – WHO KNEW? Some Insights Of The Strata Banking Game: Whose Bank Account Is It? Aug 2016 - Body Corporate Banking: Lot owners may not be aware their funds are sitting in someone else’s bank account..and it's a
• QLD: Why would anyone combine two quite different proposals into the one Motion? Jul 2016 - A practice has emerged where two quite different proposals are being bundled into single alternative motions and presented to owners
• QLD: Interim orders in the Commissioner’s Office Jul 2016 - Interim Orders: Everything in every dispute is usually urgent. This is especially true if there is any form of emotional
• QLD: Is the Gold Coast’s tourism hub at risk of going up in flames? Jul 2016 - The Queensland government may be putting thousands of lives at risk. One leading figure claiming that flammable building cladding imported

When is 21 days not 21 days?

Hynes Legal
Feb 2016: Australia Post’s changes to postage rates and service delivery times have real implications for body corporates. What do you need to know?

How to make an offer a body corporate cannot refuse

Hynes Legal
Feb 2016: How did we help secure exclusive use common area loft space for a Queensland Lot owner? By making an offer the body corporate couldn’t refuse.

WHO KNEW? Some Tricks Of The Strata Banking Game

Wayne Stevens, (UOAQ President) Unit Owners Association of Queensland (UOAQ)
Dec 2015: Body corporate bank accounts: does your Body Corporate Manager park large sums of body corporate funds in cheque accounts earning virtually no interest?

What does ‘ acting reasonably ’ mean?

Hynes Legal
Nov 2015: If you only read one article from us this year, make it this one on acting reasonably – because it is the most significant strata case in Queensland since the High Court’s decision on building defects.

How to waste a body corporate’s money

Frank Higginson, Hynes Legal
Jul 2015: When it comes to body corporate spending, a strata committee’s mind set should be to treat it like their own. If they were spending it from their own pocket, would they contemplate the action?

Body corporate spending limits

Frank Higginson, Hynes Legal
Apr 2015: The rules relating to body corporate spending limits are scattered across the relevant Regulation Modules. This post sets them out in one place.

The different body corporate committee roles

Frank Higginson, Hynes Legal
Mar 2015: There are a maximum of 7 voting committee positions for a committee formed under the BCCM Act. What are each of these body corporate committee roles responsible for?

What Does it Mean to Act ‘Reasonably’?

Jason Carlson, Thynne + Macartney
Feb 2015: Body corporate obligations to act reasonably – more to do with whether there is a logical and understandable basis for the decision rather than making the correct, best, fairest or most preferable decision.

Authority levels for body corporate decision making

Frank Higginson, Hynes Legal
Feb 2015: How are body corporate decisions made? There are two levels of decision making – committee level and general (either annual or extraordinary) meeting level.

Do you have paid Committee Members sitting on your Body Corporate Board?

Kelly Borell, Tower Body Corporate Administration
Nov 2014: Are you an owner in a Body Corporate with paid committee members? Are you aware whether approval for payment has been carried out by following the correct procedure?

What is defamation?

Frank Higginson, Hynes Legal
Oct 2014: It is critical to exercise caution and courtesy in all communications lest your words come back to haunt you in the form of a defamation claim.

The Validity of Voting Papers – Part 2

Frank Higginson, Hynes Legal
Aug 2014: We present you with six different methods of delivery for voting papers, set out how the votes were cast and discuss whether the methods were lawful or not.

General meeting disputes – some points to consider

Robert Walker, Commissioner for Body Corporate and Community Management
Mar 2014: The BCCM office regularly receives applications for dispute resolution seeking to have a general meeting of a body corporate, or a resolution passed at a general meeting, declared void on procedural grounds.

No confidence motions, rights of veto and more

Frank Higginson, Hynes Legal
Mar 2014: This is a post regarding some of the most common misconceptions we have to address in our day-to-day advices to strata managers, resident managers and strata committee members. It also comes from having sat through plenty of meetings ourselves.

Resident manager involvement in general meeting voting

Robert Walker, Commissioner for Body Corporate and Community Management
Jan 2014: The Office of the Commissioner for Body Corporate and Community Management continues to field enquiries about the extent to which a resident manager may lobby for owners’ support for motions submitted to a strata committee general meeting.

Do you inadvertently accept unlawful voting papers?

Frank Higginson, Hynes Legal
Aug 2013: This newsletter is based on a piece of decided litigation from the year 2000, but as we bounce around the body corporate management industry, it seems that what was a very hot topic at the time needs refreshing in the minds of some of the newer industry participants.

Seconding motions – is that really necessary?

Frank Higginson, Hynes Legal
Aug 2013: No. This could be the shortest newsletter in history but we will elaborate just a little bit. In a body corporate context there are two types of meetings at which motions are considered.

• QLD: Q&A Body Corporate Major Spending Limit Jul 2017 - Question: I have questions around the decision making process for the replacement of our roof which was damaged by a
• QLD: Q&A Can I ban our Chairperson from holding committee positions? May 2017 - Question: Can I request the current chairperson be banned from holding any position on the committee now and in the
• Q&A The Body Corporate Roll QLD and The Privacy Act Apr 2017 - Our body corporate committee has direct our body corporate manager not to provide a copy of the body corporate roll
• QLD: Q&A What body corporate administration fees can be passed onto lot owners? Feb 2017 - Question: Can body corporate administration fees for services such as pet approvals or common property insurance excess be passed onto
• QLD: Q&A Can a Body Corporate Chairman tell other owners how to vote? Jan 2017 - Question: Can a Body Corporate Chairman tell other owners how to vote at the upcoming AGM? Answer: Yes. A committee
• QLD: Q&A Strata Manager Not Responding Due to Minor Procedural Inadequacies Nov 2016 - Question: Our Strata Manager is not responding to clear wishes of the majority of committee members because of some minor
• QLD: Q&A Making A Recommendation in a Motion With Alternatives Nov 2016 - Question: Is it normally alright for a Committee to recommend a preferred contractor in a Motion With Alternatives eg about
• QLD: Q&A Is it a Conflict of Interest for the Chairman to be a Paid Caretaker? Nov 2016 - Question: Can a lot owner be both the caretaker and the Chairman of their scheme? Is this a strata executive
• QLD: Q&A Approval for Hail Damaged Strata Roof Repair Nov 2016 - Question: Strata Roof Repair - Does the Body Corporate need 2 quotes and if a specific amount is not specified,
• QLD: Q&A New Committee Members Needed – Do We Require A General Meeting? Oct 2016 - Question: New committee members are needed. Can the remaining 2 committee members elect new committee members or should it go

Q&As About Strata Living

Kelly Borell, Tower Body Corporate Administration
Apr 2016: Questions about Strata Committees – changing to a self managed body corporate, filling strata committee positions and strata levies.

FAQs – Questions about strata committees QLD

Rules regarding committee comments on owner motions at AGM

Question

What are the rules regarding the comments that a strata committee may place in the meeting notice, regarding an owners motion to be considered at the AGM? More specifically, can the strata committee state under ‘strata committee comments’ ( or in any format ) that an owners motion is ‘unenforceable’ or ‘out of order’, or is the proper place for this at the meeting by the chairperson?

Answer

We have received the following response back from Tower Body Corporate:

The person chairing the meeting must rule that a motion is out of order if:

1. the motion if carried, would-
   1. conflict with the Act, this regulation or the By-Laws, or a motion already voted on at the meeting; or
   2. be unlawful or unenforceable for another reason; or
2. except for a procedural motion for the conduct of the meeting or to correct minutes, the substance of the motion was not included in the agenda.

The person chairing the meeting, when ruling a motion out of order must: give reasons for the ruling; and

1. state how the ruling may be reversed by the persons present and
2. entitled to vote.

The persons present (who are entitled to vote) may by ordinary resolution disagree with the chairperson and reverse the ruling.

The reasons given by the chairperson must be recorded in the minutes of the meeting.

Question (cont.)

I now understand this as the process at the AGM meeting itself.

However, what about the strata committee stating that an owners motion is ‘unenforceable’ or ‘out of order’ in theAGM meeting notice documents, therefore prior to the vote. Is this permitted?

Scenario – an owner put forward 3 motions for the AGM, correct procedures were followed, they were included in the list of motions. The strata committee in the notice of the meeting, under the heading “strata committee comments”, stated about each “this motion is unenforceable”. It gave a brief reason which in effect just dismissed the motion. At the AGM all 3 motions failed.

My reading since then suggests that the strata committee cannot make comments that are specific or particular to an owner motion in this way, that the correct and only place unenforceable or out of order can be declared is at the AGM by the chair, as your original reply states.

My question is, did the strata committee follow the correct procedures?

Answer

Once again from Tower Body Corporate:

A strata committee can advise that motions are ruled out of order and included on the AGM Agenda prior to the meeting. There is no provision in the ACT that says this practice cannot be implemented.

However, at the meeting the motions that were ruled out of order by the Strata Committee could also be over ruled by those present if a majority agreed.

Do we need to formalise the acceptance of our new committee members?

Question

Our AGM is not until May. We want to put two more lot owners onto the strata committee to fill vacant – 2 vacant spots. We sent out the nomination papers to all owners and only 2 nominations received so we don’t need to vote. However, I presume we need to formalise the acceptance.

Answer

We have received this response from Tower Body Corporate:

Are the Strata Committee replacing 2 Committee Members that have resigned since being nominated at the last Annual General Meeting? if this is the case, then the Strata Committee has 1 month to fill the vacant positions. If this is not achieved within the given timeframe, then the Strata Committee must call a General Meeting and call for nominations from all owners to fill those vacant positions.

If say only 5 owners are nominated at the Annual General Meeting to be on Strata Committee, the Strata Committee cannot increase the number by adding another 2 between meetings. If 1 Strata Committee Member resigns during the year, leaving 4, the Strata Committee must replace that member to bring the total back to 5.

So if 5 Strata Committee Members are nominated, you would not be able to increase the number on Strata Committee until the next Annual General Meeting.

Can an owner not present at the AGM be placed on a strata committee?

Question

I understood that if an owner was NOT present at the AGM, even though financial, but no Proxy for them, then they could NOT be put onto strata committee regardless if they wanted to be on committee or not.

Answer

From Kelly Borell, Tower Body Corporate:

If an owner has validly nominated to Strata Committee, they can still be elected to the Strata Committee, whether they attend the general meeting or not.

The person asking the question may be getting confused with the part of the legislation that requires owners to be present at the meeting if they wish to cast a vote for a strata committee nominee, where nominations for vacant strata committee positions have been called from the floor of the meeting?

Proxy vote for election of a new strata committee member.

Questions about Strata Committees

We have a secretary (not an owner) who is on the Body Corporate committee owing to being a family member of the owner who gave him their proxy (S11 Accommodation Regn). As a proxy the secretary cannot vote for election of strata committee members at an AGM. Can they vote for election of a new strata committee member to fill a vacancy at a Body Corporate committee meeting?

Answer

From Kelly Borell, Tower Body Corporate:

Proxies and Strata Committee nominations are two different things.

I believe the Secretary in question is legitimately on the Strata Committee as they were validly nominated by the Lot owner and was elected at the AGM.

The Strata Committee nominee had also received the Lot owner’s proxy for the AGM, however they did not attend the AGM. Instead, the Lot owner attended the AGM and voted for the motions themselves.

At a Strata Committee meeting, the Secretary is voting on matters as an elected Strata Committee member, and not as a proxy, therefore they are eligible to vote to elect a new strata committee member to fill a vacancy.

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