This FactSheet is not printable, but rather full of the latest information in the form of dynamic links and/or presentations about Strata Legislation Queensland. New information and links are added regularly. Be sure to check back to be kept up-to-date.
If you have enjoyed this Strata Legislation Queensland FactSheet, discover more great information in our other FactSheets in this series.
Strata Legislation Queensland Feature Article
The golden rules of by-law enforcement
Frank Higginson, Hynes Legal
Sep 2016: Bylaw enforcement is not an optional activity. By-laws must be enforced, and the responsibility for their enforcement lies with the committee.
Click on the topics below to explore articles and information relating to Strata Legislation Queensland
Strata Reforms and Strata Legislation Queensland
QLD: The BUGTA law reform recommendations paper has been released Nov 2017 - UPDATE: June 2018 - although there are probably bigger fish to fry for the majority of strata title owners in - QLD: The last BCCM Act review recommendations paper is out Jul 2017 - Remember – these are not law. They are what the QUT professors have recommended to the government about what could
- QLD: Have your say on body corporate issues Jul 2017 - Queenslanders are invited to have their say on body corporate procedural issues, with the release of an independent report that
- QLD: Proposed BCCM Act review recommendations announced Feb 2017 - The proposed BCCM Act review deals with strata issues such as Towing of cars, Pets, Smoking, Overcrowding, Fining occupiers for
- 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
Infrastructure budgeting – tick, law review – question mark
Simon Barnard, President SCA (Qld)
Jun 2016: With positive investments in strata in mind, we need the QLD property law review back in focus to apply appropriate governance models and a modern administration for strata communities.
Have your say on body corporate issues
Chris Irons, Commissioner for Body Corporate and Community Management
Dec 2015: This article about the BCCM discussion paper of Queensland’s property laws has been supplied and written by Chris Irons, Commissioner for BCCM.
Resources
Review of property law in Queensland
Queensland Government
The Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) is undertaking a review of Queensland’s property laws for the Queensland Government.
You are invited to provide feedback on QUT’s findings and recommendations about Strata Legislation Queensland: body corporate by-laws, debt recovery and scheme termination.
Consultation closes on 5 May 2017.
Submission to the Property Law Review Issues Paper
David Greene, Slater and Gordon
What is the “Right” Management Rights
Management Rights Australia
Management Rights offers excellent opportunities for people of all ages and situations. There are many types of Management Rights businesses and it is definitely not a case of “one size fits all”.
ByLaws for Strata Legislation Queensland
Articles
- 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 – Body Corporate Community Management discussion paper issued
Frank Higginson, Hynes Legal
Dec 2014: The government has issued the next Body Corporate Community Management 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.
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.
FAQs
- QLD: Q&A Air conditioning units on balconies and the impossible bylaw! Apr 2018 - Question: The body corporate have introduced a by-law which, due to the imposed specifications, makes it almost impossible to install
- Q&A Queensland Bylaws, General Rules & The Act Feb 2018 - Question: Can you advise if the local ByLaws override the general rules?
- QLD: Q&A Voting at Body Corporate AGM – Debating on motions Jan 2018 - Question: We have been advised that voting at body corporate AGM will not involve any debate. If a process removes
- 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?
Strata Smoking and Strata Legislation Queensland
Smoking in Strata
Hynes Legal
Apr 2016: In terms of FAQs in strata, smoking is one of the biggies. If you want to know the rules about strata smoking, particularly for Strata Legislation Queensland, read this.
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 strata smoking from their scheme. Will that be good for community living?
Give Unit Owners Rights to Self Regulate Balcony Smoking: More Time Needed to Consider Smoking Issues for Strata Properties
Strata Community Australia (QLD)
Strata Community Australia (QLD) has expressed concerns towards the State Government and the Opposition against any knee jerk reactions to calls over the last 24 hours for a ban on strata smoking on apartment balconies.
Strata Parking and Strata Legislation Queensland
Articles
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.
FAQs
- QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors! Mar 2018 - Question: One lot owner abuses our visitor parking in apartments by allowing her friends to park in the space all
- 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
Noise & Neighbours in Strata Legislation Queensland
Articles
- 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
FAQs
- QLD: Q&A Loud Humming Noise in the Apartment – Who investigates?!? May 2018 - Question: After extensive roof repairs, there is a loud humming noise in the apartment each time the below neighbour uses
- QLD: Q&A He Said….. She Said….. about the Neighbours Barking Dog Jan 2018 - Question: We've received a written complaint about a neighbours barking dog. It's proven difficult to pinpoint which neighbour. As Building
- 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
Strata Insurance and Strata Legislation Queensland
Articles
- ACCC Preliminary Findings into North Queensland Strata Insurance Market Jun 2018 - The Australian Consumer & Competition Commission (ACCC) has released an update report, the ACCC Northern Australia Insurance Inquiry, for their
- 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).
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.
FAQs
- QLD: Q&A Strata Building Insurance Payouts – How are they distributed? Apr 2018 - Question: If a strata building is completely destroyed, for example by fire, is the strata building insurance payout distributed back
- QLD: Q&A Short Term Letting Insurance in Far North Queensland Mar 2018 - Question: I am an owner occupier of one half of a duplex in FNQ. The other half is used solely
- QLD: Q&A Who pays the administration fee for processing an insurance claim? Jan 2018 - Question: Our body corporate manager has slapped me with a fee for processing the insurance claim. Shouldn’t any administration fee
- 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.
Resources
Insurance
Body Corporate and Community Management
Outlines the effect of the provisions of the Body Corporate and Community Management Act 1997 and the Body Corporate and Community Management (Standard Module) Regulation 2008 relating to insurance.
Pets in Apartments and Strata Legislation Queensland
Articles
- QLD: Can a body corporate be allergic to pets? Mar 2018 - Animal dander has a very serious meaning to some of our readers, particularly when it comes to keeping pets in
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 Queensland
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?
FAQs
- QLD: Q&A He Said….. She Said….. about the Neighbours Barking Dog Jan 2018 - Question: We've received a written complaint about a neighbours barking dog. It's proven difficult to pinpoint which neighbour. As Building
- 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? If the Body Corporate refuses, where do I stand legally? I have heard of many
Your Strata Levies and Strata Legislation Queensland
Articles
- 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: Where my overdue strata levies fees charged in error & can I get a reimbursement? Oct 2015 - We received a question about overdue strata levies from a Queensland Lot Owner. Lisa Rutland, MyBodyCorpReport.com.au provides this detailed response:
- QLD: Are recovery costs a body corporate debt? Apr 2014 - This article on body corporate debt has been supplied by Frank Higginson, Hynes Legal. This has been a question vexing
FAQs
- QLD: Q&A Unpaid Strata Levies at Settlement May 2018 - Question: If there are unpaid strata levies upon settlement of an apartment is a small strata scheme, who would be
- QLD: Q&A Solar panels and strata – which account do we debt? Apr 2018 - Question: We are going through the solar panels and strata process. Does the expenditure for this install of solar panels
- QLD: Q&A Sinking Fund in Deficit By Mistake. How Do We Fix This? Oct 2017 - Question: Special levy funds were incorrectly paid into the administration account. The invoice was paid from our sinking fund resulting
- QLD: Q&A How do we review our Contribution Schedule Lot Entitlement? Oct 2017 - Question: We would like to have a review of our Contribution Schedule Lot Entitlement. Do we need the services of
- 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
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:
- First reminder letter to owner
- Second reminder letter to owner
- 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.
Maintenance & Common Property for Strata Legislation Queensland
Articles
- QLD: Q&A Car Park Storage. Furniture … tyres! I want this rubbish gone! Jun 2018 - Question: Lot owners store furniture and rubbish in our car park. I want car park storage to stop. Our Body
- 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,
- Master Key Security – Avoiding Disputes Feb 2014 - The safe custody of a master key is incredibly important, with its loss or theft resulting in significant security implications,
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.
FAQs
- QLD: Q&A Suing other lot owners for lack of garden maintenance Jun 2018 - Question: I very dissatisfied with the level of garden maintenance and the apparent apathy of our committee. Can I claim
- QLD: Q&A Fire door replacement due to defect notice. How long to comply? Apr 2018 - Question: My apartment was listed as “critical” for a fire door replacement. Strata will cover the costs, but I am
- QLD: Q&A What changes can you make to an apartment? Mar 2018 - Question: What changes can you make to an apartment? The contract between the developer and a purchaser contained a clause
- QLD: Q&A Fire doors kept open – is committee neglecting responsibilities about fire safety? Mar 2018 - Question: I'm concerned about fire doors kept open within our building. I raised my concerns in writing with the committee
- QLD: Q&A Fire doors failed inspection due to unauthorised security doors Mar 2018 - Question: In our building, five fire doors in apartments failed due to unauthorised screen doors fitted to apartments. QFES has
- QLD: Q&A Who is Responsible for Maintaining a Boundary Fence? Feb 2018 - Question: Who is responsible for repairing or maintaining a boundary fence which is located in the exclusive use area of
- QLD: Q&A Who pays the cost of a replacement fire door for our unit? Nov 2017 - Question: Who should pay for a replacement fire door for our apartment in Queensland? Is this a lot owner cost
- QLD: Q&A Applying for Body Corporate Approval ….. Again (after already getting a NO) Nov 2017 - Question: The Secretary of our Body Corporate Committee has applied for body corporate approval to install shutters after receiving a
- QLD: Q&A Why am I responsible for replacing decking boards? Oct 2017 - Question: The committee is looking at replacing the framework of my deck but wants me to cover the cost of
- QLD: Q&A The Average Price of a Sinking Fund Forecast Sep 2017 - Question: What is the average price of a sinking fund forecast for a 26 lot complex in Queensland? Is it
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.
Resources
Swimming pool safety laws: Guideline for pool owners and property agents
Department of Housing and Public Works
Pool safety
Body Corporate and Community Management Fact Sheet: Storm damage
Developed by QLD: Department of Justice and Attorney-General.
The storm that hit Brisbane and South-East Queensland on 27 November (and others like it) has caused loss, damage and inconvenience to many people. We extend our sympathy to those in community titles schemes who are experiencing difficulties because of the storm.
We encourage lot owners and anyone involved in a body corporate to work together and to recognise that many people may be under stress at this difficult time.
We have put this information together to help people in community title schemes deal with problems caused by the storm. This information is relevant to all schemes in Queensland.
Maintenance of common property and lots
Queensland Building and Construction Commission The purpose of these guidelines is to assist pool owners (including bodies corporate) and property agents to understand their pool safety responsibilities under the Building Act 1975 (BA).
Mixed Media about QLD Maintenance & Common Property
Concrete Cancer
The Project
Jul 2015: The Project takes a look at the problem of Concrete Cancer on the Gold Coast.
Committee Concerns and Strata Legislation Queensland
Articles
- QLD: What is a quorum? Jun 2018 - In strataland, a quorum is the minimum number of voters who must be present at any general meeting (be that
- 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
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.
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?
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.
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.
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.
FAQs
- QLD: Q&A Is Our Spending Limit on Maintenance Too Low? Jul 2018 - Question: Our spending limit for each of our three buildings in the scheme is only $500. As each building has
- QLD: Q&A A Show Cause Notice and Recovering Monies from Developer Jul 2018 - Question: To recover monies used to comply with a Show Cause Notice in our near new building, who files a
- QLD: Q&A EGM Attendance – ‘present by phone’ = ‘present personally’? Jun 2018 - Question: At a recent EGM, only one voting member was present physically, with 2 committee members attending via phone. Is
- QLD: Fire alarms and False Fire Alarms – Who makes sure we all get out? May 2018 - Question: What does the legislation state around requirements for the management of false fire alarms and fire alarms in general.
- QLD: Q&A Can Chairman Hold All 3 Positions on the Executive Committee? May 2018 - Question: At our recent AGM, our chairman received majority votes (9 votes for all executive positions). Our Body Corporate Managers
- QLD: Q&A Changing the date of when the committee meeting will be held Apr 2018 - Question: Advice is needed regarding changing a date for when a committee meeting will be held to accommodate two committee
- QLD: Q&A How do I go about applying for Dispute Resolution? Apr 2018 - Question: How do we go about applying for dispute resolution to resolve problems among the Executive Committee at our Scheme?
- QLD: Q&A What about good old body corp community? Apr 2018 - Question: What happened to body corp community? I am frustrated with my committee’s apathy. The common property is not maintained
- QLD: Q&A Body Corporate Spending – Who pays for a defibrillator? Feb 2018 - Question: Our body corporate is considering buying a defibrillator in case any of the owners, guests etc have a heart
- QLD: Q&A Body corporate committee voting – should each box be marked / ticked? Jan 2018 - Question: During body corporate committee voting, do I vote for every person standing for election, or just for the people
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:
- the motion if carried, would-
- conflict with the Act, this regulation or the By-Laws, or a motion already voted on at the meeting; or
- be unlawful or unenforceable for another reason; or
- 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
- state how the ruling may be reversed by the persons present and
- 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.
Renting / Buying / Selling Strata Property and Strata Legislation Queensland
Articles
- Can a Queensland body corporate stop Airbnb? Mar 2017 - What can a Queensland body corporate do about Airbnb and body corporate issues? We won’t keep you all in suspense.
- QLD: The Body Corporate and Buying and Selling Units May 2015 - This article about buying and selling a strata titled lot has been supplied by Lisa Rutland, MyBodyCorpReport.com.au. One question I
Backing out of an off-the-plan contract – Part2
Hynes Legal
Jan 2016: What are the key circumstances which can enliven your right as a buyer to terminate an off-the-plan contract?
Backing out of an off-the-plan contract – Part 1
Hynes Legal
Nov 2015: What do you do when the property you were promised falls short of what is delivered? In what circumstances are you able to cancel off the plan contract?
The Body Corporate and Buying and Selling Units
Lisa Rutland, MyBodyCorpReport.com.au
May 2015: This article gives you an overview of when and why you might need to contact the body corporate when you are selling and buying strata property.
FAQs
- QLD: Q&A Rules about what is covered by body corporate Mar 2018 - Question: I'm looking to buy a villa or duplex in a small strata scheme. Can they make their own rules
- QLD: Q&A Advice about purchasing an apartment in Surfers Paradise Sep 2017 - Question: We are purchasing an apartment in Surfers Paradise. We have found out the body corporate has future plans that
- QLD: Q&A Amalgamation of Units 3 Into 1 – What do I need to do? Mar 2017 - Question: I'm looking to amalgamate 3 strata titles units into 1 unit. How do go about the amalgamation of units
- 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 How to Stop Short Term Rentals Sep 2016 - What can a strata scheme do to prevent Airbnb and the like in QLD strata schemes? Can you tell us
Q&A Changing Torrens Title to Strata Title
Hynes Legal and Kelly Borell, Tower Body Corporate Administration
Nov 2015: I’m after information on changing torrens title to strata title for a block of flats we own. How can we find out about the laws, costs, prerequisites etc?
Resources
Buying a body corporate property
Queensland Government
If you are thinking about buying into a community titles scheme—that is, buying a lot (unit, apartment, etc.) on a property that has a body corporate—you may want to learn more about its particular situation.
This page will help you decide what searches you wish to do, if any, and give you an understanding of what your responsibilities as a lot owner would be.
Mixed Media
Gold Coast Development Map
Brisbane Development
The Gold Coast Development Map below is a free development map of all known Gold Coast projects, created collaboratively by the people who use it. The map illustrates major proposals, approvals and projects under construction.
Strata Managers and Strata Legislation Queensland
- QLD: Q&A Change Of Ownership of Body Corporate Management Company Mar 2017 - Question: Why weren't we advised of the change of ownership of our body corporate management company and how does this
- 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
- QLD: Q&A Reappointing Your Body Corporate Manager Aug 2016 - We have recently received a question from a Queensland strata lot owner concerning reappointing your body corporate manager. Thank you
- 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
- Who ‘manages’ our Queensland Body Corporate Managers? Jul 2016 - A recent Adjudication Decision highlights a systemic problem in Queensland’s StrataWorld ie the absence of regulatory oversight of Queensland Body
How To Find Who Manages The Body Corporate Records?
Lisa Rutland, MyBodyCorpReport.com.aun
Mar 2015: If you need to get in touch with the body corporate for a scheme, how do you go about locating the body corporate manager? It may be more difficult than you think.
How to nominate a new Body Corporate Manager
Kelly Borell, Tower Body Corporate Administrationn
Oct 2013: Any owner in a body corporate can submit a motion or proposal to engage/appoint a new body corporate management company.
Resources
Body corporate manager factsheet
Body Corporate and Community Management, Department of Justice and Attorney-General
Information relating to the role & engagement of a body corporate manager.
Building Managers and Strata Legislation Queensland
- QLD: Q&A Duties of a Building Manager & Providing Relevant Information Jul 2018 - Question: We are experiencing unprofessional conduct from our onsite managers who are providing personal information about lot owners. The police
- QLD: Q&A From Accommodation module to Standard module May 2018 - Question: I'm wondering about schemes changes from the Accommodation module to Standard module. Can the holder of the contract continue
- QLD: Q&A Caretaking rights of two adjacent schemes. Is this a conflict? Sep 2017 - Question: Would it be considered “reasonable” to withhold approval of the reassignment unless the existing nexus was broken by assignment
- QLD: Common management rights misconceptions Aug 2017 - Someone heard from someone else that someone did something or got something and then that becomes the rumour that bounces
- QLD: Is it possible to terminate a management rights agreement? May 2017 - The termination of management rights agreement is very difficult and the judicial system is filled (in a relative sense) with
- QLD: Q&A Management Rights Contract Annual Leave May 2017 - Could you please advise if holiday leave can be accrued for building managers. Some years we use none, other years
- QLD: Q&A How Residential Managers Run Their Business is Up To Them May 2017 - Question: As Residential Managers at a scheme, are we required to share our expenses with the chairman and the body
- QLD: Q&A What Building Manager Qualifications Are Required? Mar 2017 - Question: Does our Building Manager need any specific qualifications like a resuscitation certificate or any OHS qualifications?
- QLD: Q&A Do Apartments Allow Large Dogs? If Not, Where Do I Stand Legally? Jan 2017 - Do apartments allow large dogs? If the Body Corporate refuses, where do I stand legally? I have heard of many
- QLD: Letting Agents’ Hidden Rewards: SHHH….It’s a Secret!!!! Nov 2016 - There was a recent decision from the Queensland Civil and Administrative Tribunal (QCAT) which may be of considerable interest to
Q&A Workplace Safety Issues – Who Is Responsible?
Hynes Legal
Jun 2016: Question: As the Body Corporate is not a business, is it the Caretakers, as contractors, who are responsible for managing their workplace safety issues?
Conditioning management rights assignments
Hynes Legal
Jun 2016: Recently we have seen a lot more bodies corporate conditioning management rights assignments for events both before and after the assignment itself.
Q&A: Management Rights Questions – Who Really Owns the Management Rights?
Hynes Legal
Apr 2016: The following Management Rights questions were submitted to our site via email from a Queensland lot owner. Question: Who really owns the management rights?
Q&A Builder Managers Duties and Privacy
LookUpStrata & Hynes Legal
Mar 2016: What is deemed appropriate behaviour by onsite managers. Do Builder Managers duties include the enforcing of by-laws?
Why are Developers allowed to sell 25 year caretaking contracts?
Frank Higginson, Hynes Legal
Oct 2015: Why are Queensland Developers the only developers in any state in the world allowed to sell 25 year management rights contracts that must be paid for by new unit owners for the duration of the contract?
Another failed attempt to terminate a management rights agreement
Frank Higginson, Hynes Legal
Oct 2015: To terminate a management rights agreement the conduct complained of must be relatively serious. Bring termination proceedings for minor or technical matters at your own peril.
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, building managers should take care when working at heights.
Resources
What is the “Right” Management Rights
Management Rights Australia
Management Rights offers excellent opportunities for people of all ages and situations. There are many types of Management Rights businesses and it is definitely not a case of “one size fits all”.
The concise guide to buying a management rights business
Frank Higginson, Hynes Legal
People choose to invest in management rights for any number of reasons. These include investment return, lifestyle choice and the alignment of their home and business. The returns from management rights businesses are very identifiable and recurring, which gives many buyers new to the industry peace of mind that cannot be found in many business environments.
Mixed Media about Strata Legislation Queensland
Terminating Management Rights Agreements Queensland
Mario Esera
This edition of LookUpStrata’s Strata Snapshot Series, Mario Esera talks about the problems associated with Terminating Management Rights Agreements QLD.
Mario provides detailed information about the following:
- Why is the process of terminating management rights agreements so difficult for body corporates?
- What do you feel should be done to prevent these difficulties in the future?
Mario also discusses the steps involved in terminating, provides examples and talks about reasonableness.
Need Help?
Looking for Strata Industry Experts for Queensland? Search within THE Strata Services Directory for the best list of contacts available.
Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.
