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For Body Corporate Managers, Strata Residents, Committees, Building and Facility Managers Online Webinar Date – Tuesday 13th of October 2026 Time – 11:00 am – 11:30 am AEST (Brisbane) / 12:00 pm – 12:30 am AEDT (Sydney/Melbourne) Three things happening at once, right across the country: 30 minutes to discuss: 👉 Bring your team. Can’t make it? Sign up anyway, everyone gets the recording. Hosted by Gush Sarkizians and Sam Khalef at […]
NewLine Creations is a licensed building company based in Kingscliff, NSW, servicing the Gold Coast, Tweed Coast, Northern Rivers and Brisbane. With over 25 years of hands-on construction experience, the team provides practical building, maintenance and remedial solutions for strata properties, body corporates, building managers and property owners. Owner Shaun brings extensive experience across carpentry, joinery and residential building in both Queensland and New South Wales. Built on knowledge, skill, efficiency and collaboration, NewLine Creations combines quality workmanship with clear communication and a down-to-earth approach. For strata communities, the team can assist with identifying building and maintenance issues, preparing detailed […]
For many bodies corporate, insurance is one of the biggest ongoing costs. While the body corporate is responsible for arranging insurance, each lot owner contributes to the premium through levies. Understanding how these contributions are calculated is essential for both committees and owners. The Legal Framework Under the Body Corporate and Community Management Act 1997 and associated regulation modules, a body corporate is required to insure buildings and other required assets within the scheme. It must also hold public liability insurance to cover injury or damage to others on property. The cost of that insurance (known as the premium) is shared among […]
If you own a lot in a body corporate, you’re probably familiar with receiving a levy notice. But have you ever stopped to consider the budget behind it – and what happens before that levy amount reaches you? Behind every levy is a broader financial process designed to help a body corporate meet its day-to-day expenses, maintain its property and prepare for future financial needs. Last week, we explored some of the factors that can place pressure on body corporate levies, from insurance and operating costs to maintenance, compliance and future expenditure. This week, we’re taking a step behind the […]
Walk into any building and you know within five seconds whether it’s well run. Nobody reads the by-laws on their way through the foyer; they look at the carpet, the lift buttons, the bin room door propped open with last week’s smell still lingering. Most committees only look closely at their cleaning contract when something’s gone wrong: a complaint at the AGM, a resale falling through over a scruffy lobby, a “but I thought that was included” moment mid-dispute. By then it’s too late to ask the questions that would have avoided it. Here are five questions worth asking before […]
Mathews Hunt Legal is a specialist legal firm focused almost exclusively on body corporate and strata law. Established in 2010, the firm provides clear, practical and cost-effective legal advice to body corporate committees across Queensland. Mathews Hunt Legal focuses on helping committees understand and resolve the complex issues that can arise in a body corporate environment. From day-to-day legal advice to complex disputes and court matters, the team provides strategic guidance based on extensive experience. In addition, the firm works to develop long-term and supportive relationships with its clients. The team understands that body corporate matters can be complex and […]
SEQ Mechanical & Engineering Pty Ltd is an owner-operated contractor based in Caboolture. The team services Brisbane, Moreton Bay, Sunshine Coast and Gold Coast. They provide practical steel fabrication, repairs and maintenance for strata, commercial and industrial properties. Focuses on smaller reactive jobs and defect repairs that can be difficult to coordinate. From damaged car park bollards to gates, handrails and security fencing, the team handles essential non-structural steelwork that helps keep properties safe and functional. In addition, services can be coordinated with test and tag for common property electrical equipment. Every job is quoted in writing with the scope […]
TerraFuse provides turnkey EV charging installation solutions designed for modern properties, helping property managers and residents access reliable, smart and sustainable electric vehicle charging infrastructure. The company manages the entire process, from initial design and installation through to ongoing management and maintenance. With a focus on sustainability, technology and customer service, TerraFuse develops tailored charging solutions based on the requirements of each property. Its approach is designed to simplify the installation and management of EV charging infrastructure while supporting the growing demand for electric vehicle facilities. TerraFuse EV Charging Installation & Infrastructure Services TerraFuse provides a range of EV charging […]
A recent controversy at the Mooloolaba Surf Life Saving Club provides an interesting lesson in community governance — and one with some surprising parallels to strata communities and committee membership. Recent media reports revealed that the membership renewals of three long-serving surf club volunteers were not accepted. No reason was publicly provided, and the decision subsequently generated considerable discussion and a petition seeking their reinstatement. Importantly, there is no suggestion here that the affected members did anything wrong, nor do we know what motivated the club’s decision. The club has maintained that individual membership decisions are made in accordance with […]
If your body corporate levies have increased, you may be wondering why – and where that extra money is actually going. Levies are essential to the financial operation of a body corporate. They contribute towards everything from the day-to-day costs of running and maintaining a property to insurance, compliance requirements and planning for major future expenditure. When these costs change, the amount a body corporate needs to collect from owners may need to change too. Understanding what drives levy contributions is just one part of the bigger financial picture – and one we’ll be exploring further at our upcoming October […]
For many Bodies Corporate committee, the instinctive reaction to seeing a patch of mould in a common stairwell or a basement carpark is to “give it a wipe with some bleach”, or “paint it over”. While this might make the surface look clean for a few days, it is a dangerous strategy that often ignores the underlying biological risk. In a strata environment, where air is shared through ventilation systems and walls are common property, improper mould handling can lead to health litigation and structural degradation. The Problem with the “Bleach Method” Bleach is primarily water-based. When applied to porous […]
Strata Community Education Seminar Series October 2026 You live in a body corporate. You pay levies. But do you really know where that money goes? Registrations are now open for our October 2026 body corporate finance seminars, presented by Smart Strata in partnership with Archers the Strata Professionals. Following the release of our October seminar topic earlier this month, we’re excited to officially invite Queensland’s strata communities to join us as the series travels across five regions this October. Committee Essentials: Understanding Body Corporate Finances Where Does the Money Go? Demystifying Body Corporate Finances From budgets and levies to sinking […]
Here’s What the Numbers Really Mean and How to See What You’ll Actually Pay Each year, owners are asked to vote on budgets and levy contributions at the Annual General Meeting. However, many owners are unsure how to interpret the levy tables included in AGM notices or how those figures translate into the amount they will actually pay. In this article, we’ll break down AGM budget motions, explain the information contained in levy table schedules and show you how to calculate your anticipated levy contributions of the next proposed financial year. For an overview of Levies in general and what […]
Three things to know about staying involved in your body corporate: Watch our 2.5-minute summary: Listen on Spotify: One of the most frequent issues that comes up in strata is the lack of people’s involvement in their buildings. A person might have spent half a million dollars or more to buy a lot but then don’t participate in any way with the body corporate decision-making process such as voting at general meetings, reading committee minutes or otherwise. People Are Busy I used to regard this as apathy but now recognise it is more reflective of people having a lot going […]
Where Does the Money Go? Demystifying Body Corporate Finances You live in a body corporate. You pay levies. But do you really understand where that money goes? OPEN TO ALL STRATA COMMUNITIES You do not need to be an Archers client to attend. Join Smart Strata in partnership with Archers the Strata Professionals and a panel of industry experts for our Cairns body corporate seminar, exploring the complete financial journey of a body corporate – from budget preparation and levy setting through to everyday financial management and long-term planning. Discover the key factors that influence body corporate finances, including insurance […]
Where Does the Money Go? Demystifying Body Corporate Finances You live in a body corporate. You pay levies. But do you really understand where that money goes? OPEN TO ALL STRATA COMMUNITIES You do not need to be an Archers client to attend. Join Smart Strata in partnership with Archers the Strata Professionals and a panel of industry experts for our Brisbane body corporate seminar, exploring the complete financial journey of a body corporate – from budget preparation and levy setting through to everyday financial management and long-term planning. Discover the key factors that influence body corporate finances, including insurance […]
Where Does the Money Go? Demystifying Body Corporate Finances You live in a body corporate. You pay levies. But do you really understand where that money goes? OPEN TO ALL STRATA COMMUNITIES You do not need to be an Archers client to attend. Join Smart Strata in partnership with Archers the Strata Professionals and a panel of industry experts for our Mackay body corporate seminar, exploring the complete financial journey of a body corporate – from budget preparation and levy setting through to everyday financial management and long-term planning. Discover the key factors that influence body corporate finances, including insurance […]
Where Does the Money Go? Demystifying Body Corporate Finances You live in a body corporate. You pay levies. But do you really understand where that money goes? OPEN TO ALL STRATA COMMUNITIES You do not need to be an Archers client to attend. Join Smart Strata in partnership with Archers the Strata Professionals and a panel of industry experts for our Gold Coast body corporate seminar, exploring the complete financial journey of a body corporate – from budget preparation and levy setting through to everyday financial management and long-term planning. Discover the key factors that influence body corporate finances, including […]
Prestige Home Transformations is a Sunshine Coast painting and roofing contractor serving body corporates, strata managers, and committees from Caloundra through to Noosa and the hinterland. We are QBCC licensed (15271659), fully insured, Dulux Accredited, and a Master Painters Australia Excellence Award winner. Roof restoration and exterior coatings are our core trade, not a sideline, ensuring the consistent quality and expertise coastal buildings on the Sunshine Coast need. Services Body corporate and strata repaints; exterior, interior and common property Roof restoration and roof coating (SHIELDCOAT: 10-year roof coating guarantee) Roof painting (Dulux AcraTex) Roof cleaning and high-pressure washing Balcony, balustrade, […]
Where Does the Money Go? Demystifying Body Corporate Finances You live in a body corporate. You pay levies. But do you really understand where that money goes? OPEN TO ALL STRATA COMMUNITIES You do not need to be an Archers client to attend. Join Smart Strata in partnership with Archers the Strata Professionals and a panel of industry experts for our Sunshine Coast body corporate seminar, exploring the complete financial journey of a body corporate – from budget preparation and levy setting through to everyday financial management and long-term planning. Discover the key factors that influence body corporate finances, including […]
A Practical Pre-Season Check for Body Corporate Managers and Committees Storm season rarely begins with a dramatic warning. More often, it begins with the first humid afternoon, the first blocked outlet, or a flashing that has been lifting quietly for months. Every year, the familiar advice returns: clear the gutters, secure loose items and review the insurance policy. That advice matters. For a body corporate, however, there is a more basic question that should come first: do we actually know the condition of the roof before the first serious storm arrives? The Bureau of Meteorology describes October to April as […]
When drafting motions for a body corporate meeting, precision matters—especially when it comes to resolution types. A recent Supreme Court case in QLD has highlighted the consequences of a seemingly minor misstep in resolution wording. What happens when a motion receives the required votes for a special resolution but is described differently in official documents? This case explores the fine line between procedural irregularities and legal validity, offering a lesson in why attention to detail is more than just a formality. In Body Corporate for Oceana on Broadbeach CTS 24163 v 21 Broadbeach Blvd Pty Ltd, the Supreme Court was asked […]
Visitor parking is one of the most common pressure points in strata communities. When bays are full, the first assumption is often that the building does not have enough spaces. But in many schemes, the more important question may be whether the existing bays are being used fairly, efficiently and with enough visibility. As more buildings adopt managed visitor parking processes, committees are starting to see that the true demand for visitor bays can be very different from what complaints alone suggest. When Full Does Not Mean Full A full visitor car park does not always mean there is genuine […]
AllComClean AllComClean is a property maintenance provider servicing Southeast Queensland, specialising in commercial cleaning, strata cleaning, landscaping and programmed maintenance services. Since its establishment in 2009, the company has supported single-site and multi-site properties across a wide range of sectors. With more than 50 years of combined experience in cleaning, landscaping and customer service, AllComClean delivers tailored services based on each client’s requirements. In addition, the team can provide everything from routine cleaning and grounds maintenance to comprehensive programmed service arrangements for Government and private-sector clients. AllComClean Cleaning & Property Maintenance Services AllComClean provides a full range of cleaning and […]
Altogether Group helps strata communities take control of their energy and water services through smart, locally managed utility solutions. We design, own and operate embedded energy networks that help simplify utility management, improve efficiency and support long-term sustainability outcomes. Our services include: Embedded energy networks Utility billing and customer support Centralised hot water Solar panels EV charging solution We work with apartments, mixed-use developments and masterplanned communities to deliver reliable, future-ready utility services that create lasting value for owners, committees and residents. Connect with us here or give us a […]
Foss Electrical Foss Electrical is a specialist electrical contractor providing maintenance, compliance, emergency response and project services to Body Corporate and Strata Managers across Brisbane, Moreton Bay, Ipswich and Greater Southeast Queensland. Since 2015, the team has grown to more than 15 field technicians experienced in working within the requirements of property and body corporate management. Clients benefit from responsive attendance, clear communication, detailed reporting and the capacity to manage everything from individual maintenance requests through to large-scale portfolio projects. For Body Corporate Managers, electrical maintenance is about more than simply completing the work. Foss Electrical focuses on making the […]
Entekra delivers complex building remediation and comprehensive refurbishment projects for strata and commercial properties. We specialise in projects where multiple building elements, defects and trades need to be coordinated and delivered under one contractor. Our capabilities include: Major Building Remediation Full Building Refurbishments Concrete & Structural Remediation Waterproofing & Water Ingress Rectification Balcony & Podium Remediation Roof Remediation & Refurbishment Steel & Corrosion Remediation Car Park & Basement Remediation Protective Coatings & Protective Relining Building Envelope & Façade Remediation Major Defect Rectification Multi-Trade Remedial Projects Project Coordination & Single-Point Delivery We work with strata managers, body corporates, building consultants, engineers […]
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Scaussie Electrical Established in 2006, Scaussie Electrical is a local electrical company provides qualified electrical services for homes, businesses and properties serving the Sunshine Coast and greater Brisbane. Founded by Tony Taylor, the business has built its reputation through quality workmanship, reliable service and strong industry knowledge. The team includes fully qualified and licensed electricians who provide practical solutions for residential, commercial and property clients. Scaussie Electrical also works with schools, real estate agents, property managers and resorts. This experience allows the team to understand the different electrical needs of homes, businesses and managed properties. As a local Sunshine Coast […]
Three things to know about accessing body corporate records: Watch our 3-minute summary: Listen on Spotify: The topic of what is a body corporate record and the rights to access them has been the subject of some adjudications in the Commissioner’s office recently, with some very specific observations around issues such as CCTV. That has raised some broader questions about access to records in general and what owners can and cannot access. Access to records remains one of the most litigated topics in the Commissioner’s Office. It always has been, and unfortunately likely always will be. Inevitably, these matters involve someone […]
Where Does the Money Go? Demystifying Body Corporate Finances Save the date! The Strata Community Education Seminar Series returns this October, with events across five Queensland regions and a new topic that affects every body corporate community. Every year, body corporate committees and owners are faced with important financial decisions that can have a lasting impact on their community. How are budgets actually determined? Why do levies increase? What are body corporate funds being used for? And how can committees plan effectively for both today’s expenses and tomorrow’s major works? This October, Smart Strata, in partnership with Archers the Strata […]
Professional Fire Protection & Compliance Services Established in 2009, Essential Fire Protection is a licensed fire safety company servicing businesses and properties across Brisbane, the Gold Coast and Sunshine Coast. With more than 15 years of experience, the team provides reliable fire protection services designed to help clients meet their fire safety and compliance responsibilities. Specialising in fire extinguisher servicing, testing and compliance under AS 1851, Essential Fire Protection also provides exit and emergency light testing and fire safety assessments. The team combines qualified professionals, quality equipment and practical service to deliver reliable outcomes while treating every property with care. […]
When people think about lifts, they tend to picture the lift car moving smoothly between floors. It feels like the main event. But in reality, the part of the lift that works the hardest isn’t the motor or the cables, it’s the doors. In fact, around 80% of lift breakdowns are related to door systems. It’s a surprising statistic, but once you understand how lift doors operate and how often they’re used, it starts to make sense. The Hardest Working Part of the Lift Every lift journey involves at least two door cycles, opening and closing at the start and […]
E Lawn Mow: Lawn and Garden Service E lawn Mow, we are dedicated to providing top-notch lawn and garden services in Brisbane’s South. As a family-owned and operated business, we specialise in Eco-friendly lawn care, ensuring a quieter, cleaner, and more sustainable approach to garden maintenance. Our Commitment to Excellence Our professional-grade tools and a focus on customer satisfaction, our skilled lawn technicians deliver personalized services tailored to your unique needs. We believe that open communication is essential, enabling us to understand your objectives and expectations, and implement effective lawn and garden plans. Comprehensive Lawn and Garden Services – E […]
Nirvana Pools And Spas specialise in body corporate & strata solutions. We work directly with body corporate committees, building managers, and strata managers to deliver pool construction, renovation, and compliance upgrades for multi-residential and commercial facilities across Southeast Queensland. What We Build Custom Concrete Pools. Bodies Corporate & Commercial. Spas & Water Features. Built on Trust, Integrity, Pride and Relationships, our team brings deep commercial aquatic expertise and the personalised attention only a dedicated specialist can provide — direct client relationships, meticulous workmanship, and commitment beyond practical completion. Connect with us here or give us a […]
Lift Portfolio Management is an independent lift consultancy for building owners, bodies corporate, building managers and facility management companies. LPM works only on the building’s side, with no ties to any lift company. Founded by Gareth Evans, former Queensland Service Branch Manager at Otis, after 18 years in the lift industry across sales, operations and state-level management. What we do: Maintenance contract reviews, with the exact clause behind every point. Invoice audits: every charge checked against your agreement before it is paid, with overcharges, scope creep and missed services flagged. Maintenance tenders run end to end, with every submission normalised […]
Atlas Power Solutions is a Sunshine Coast electrical contractor providing reliable electrical services across residential, commercial and industrial properties from Caloundra to Noosa. The team works with homeowners, builders, property managers and building managers to deliver quality workmanship, clear advice and well-documented electrical solutions. With capabilities spanning power, air, data, automation and related electrical work, Atlas Power Solutions supports properties through maintenance, upgrades, fault finding and new installations, with a focus on safety, reliability and practical long-term solutions. Services Offered Residential Electrical – Electrical services for homes, including maintenance, upgrades, renovations and new installations. Commercial Electrical – Electrical solutions for […]
Education to Advance Professionalism The Strata Community Association (Qld) (SCAQ) provides a range of education and professional development opportunities designed to strengthen knowledge and professionalism across the strata industry. From training focused on Queensland’s body corporate legislation to webinars, masterclasses, and practical learning resources, SCAQ Education supports strata professionals in developing the skills and knowledge needed to succeed in an evolving industry. Education On Demand Continue your professional development anytime with SCAQ’s Education on Demand platform. Access a library of recorded webinars and learning resources covering important industry topics, legislative updates, and best practices at a time that suits you. Explore SCAQ’s Education on […]
SCAQ delivers a diverse calendar of ongoing events across Queensland, bringing together members and the wider strata community. Our annual program is thoughtfully designed to foster meaningful connections while providing engaging, informative, and memorable experiences that support professional growth and industry collaboration. Explore SCAQ’s […]
Advance your skills with training and events from the Australian Resident Accommodation Managers Association (ARAMA). Designed for management rights business owners, newcomers to the industry, and experienced professionals, ARAMA’s programs provide practical knowledge, expert guidance, and opportunities to support long-term business success. See our ongoing list of events and education […]
Every committee has one. The chairperson often becomes the public face of the body corporate. The secretary keeps meetings organised. The body corporate manager provides professional advice, administers decisions and keeps the day-to-day operation of the scheme moving. But when it comes to protecting the long-term financial health of a body corporate, no committee position carries more influence than the treasurer. Ironically, it’s also one of the least understood. Many committee members assume the treasurer’s role is simply to approve invoices, glance over financial reports or keep an eye on the bank balance. In reality, the role is far more […]
Many people expect governing bodies to enforce compliance when disputes arise in community titles schemes. However, the Body Corporate and Community Management Act 1997 (Qld) emphasises self-management, balancing individual rights with shared responsibilities on the assumption residents should have the capacity to resolve many issues themselves before seeking formal intervention. Self-resolution is the foundation of effective dispute management in community living. While formal processes like conciliation are available, proactive and thoughtful engagement often resolves issues more efficiently. Even when formal intervention is necessary, strong self-management and collaboration skills can make the process smoother and more successful. What Does Self-Resolution Look Like? Self-resolution […]
Strata communities across Australia are facing a significant upcoming change: the national phase‑out of fluorescent lighting by the end of 2027. For many buildings, this presents both a challenge and an opportunity. While an LED upgrade will eventually become unavoidable, the transition can also improve energy efficiency, reduce running costs and strengthen sinking fund cashflow, even for schemes with limited funds available. Why LED Upgrades Matter Now Upgrading to LED lighting is no longer just a sustainability choice; it’s becoming a compliance requirement. Acting early can help strata committees and managers avoid cost pressures and take advantage of energy savings […]
The Commissioner for Body Corporate and Community Management Build your knowledge of body corporate legislation with our free online training courses, designed to help body corporate committee members, owners, residents, and industry professionals better understand their rights and responsibilities. While these courses have been developed specifically for committee members in Queensland, they are suitable for anyone with an interest in body corporate management. Each course provides a practical introduction to key legislative requirements and everyday body corporate matters. Please note that these courses are not accredited and do not provide a formal qualification. If you are completing training for Continuing […]
Under One Roof Building & Pest Under One Roof Building & Pest provides trusted Building and Pest Reports Sunshine Coast property buyers, sellers, and owners can rely on. Owned and operated by Alastair, the business combines more than 30 years of hands-on construction experience with professional inspection expertise to deliver accurate assessments and practical advice. Clients receive comprehensive same-day digital reports that provide clear, reliable, and legally defensible information to support confident property decisions. Whether you’re purchasing, selling, or maintaining a property, Under One Roof Building & Pest delivers trusted inspection and pest management services tailored to your needs. Services […]
We’re Powerhaus Electrical Services, a licensed and insured electrical team based right here on the Gold Coast. From power points, lights and ceiling fans to switchboard upgrades, safety switches, smoke alarms and EV chargers, we handle the everyday jobs that keep local homes and businesses running — along with full rewires and test and tag for commercial sites. We turn up when we say we will, keep our pricing clear from the start, and treat your home like it’s our own. Powerhaus Electrical Services include: General electrical repairs and maintenance Power point installation and replacement Lighting installation and upgrades Ceiling […]
Body corporate communities often face challenges that can slow progress or lead to disputes. These “sticking points” arise when people struggle to agree on decisions or resolve issues. Understanding these can help prevent conflicts from escalating and foster smoother resolutions. Acting “reasonably” Section 94 of the Body Corporate and Community Management Act 1997 requires bodies corporate to act reasonably in all decisions. However, “reasonable” doesn’t always mean “what one person thinks is fair.” Instead, it’s about objectively evaluating all relevant facts and balancing individual and community interests. Tip: Think of decision-making like baking a cake—ensure you have all the right “ingredients” (facts), […]
Three things to know about strata laws: Watch Our 2.5-Minute Summary: Listen on Spotify: The Strata Law Web With more than 50,000 strata schemes in Queensland and probably verging on 600,000 strata lots, strata law affects a lot of Queenslanders all day, every day. Owner-occupiers, investors and tenants might have different motivations for being there, but they are all exposed to the strata law web. Given the scale of the strata community, you would like to think that the strata laws themselves and then keeping on the right side of them would be as simple as possible, but that’s not always the reality. I’ve sat […]
Living in a Queensland strata complex offers wonderful lifestyle benefits, from shared amenities to a strong sense of community. Whilst living in a shared environment offers many shared benefits, shared physical structures also mean shared risks. When it comes to the ongoing threat of persistent timber pests like termites, the danger is distinctly collective. Termites simply do not respect the boundaries between lots; an issue that starts quietly in one ground-floor unit can spread through a web of shared walls long before anyone notices. With shared landscaping, garden beds and adjoining construction creating multiple potential entry points for the whole building, […]
NBS Metal Roofing is a locally owned and operated roofing specialist servicing Cairns and surrounding Far North Queensland regions. With extensive experience across residential, commercial and industrial projects, the team is committed to delivering durable metal roofing solutions, quality workmanship and reliable service. From new roof installations to replacements and maintenance, NBS Metal Roofing takes pride in providing professional advice, clear communication and workmanship built to withstand Queensland’s tropical conditions. Services include: New metal roof installations Roof replacements and re-roofing Roof leak inspections and repairs Commercial and industrial roofing Residential roofing Gutter installation, repairs and maintenance Gutter guard installation Skylight […]
At E&E Lighting Australia, we are committed to provide a wide range of high-performance emergency lighting products and personalised consultation services to ensure your requirements are fulfilled while meeting Australian standards. Products Exit lights Emergency lights Emergency battens Non-emergency lights E&E Lighting Australia are a 100% Australian-owned and operated company with long-standing industry experience, specialised in the design, testing and maintenance of Exit and Emergency Lighting systems. From small business setups to large-scale commercial projects, at E&E we have the knowledge and versatility to find the best lighting solution to cater your needs. Finding cost effective workable solutions for Strata […]
Most committees are surprised to learn that renewal options in caretaking and letting agreements aren’t just a formality—they can be used to end an agreement. While it might seem like the caretaker or letting agent simply has a right to extend the agreement, it’s often not that simple. There are conditions that need to be met, and if they’re not, the committee may have more control than expected. Understanding how options work is key when renewal time comes around. Exercising An Option: It’s A Right—But Not a Guarantee An option to renew is a contractual right for a caretaker or […]
One of the questions I’ve been asked over the years is whether working in strata changes the way you see people. The answer is yes – but probably not in the way you might expect. After spending thousands of hours working with committees and lot owners, I’ve learnt that the conversations filling your inbox are rarely an accurate reflection of the community you’re serving. The Numbers That Keep Me Grounded These figures aren’t based on research, just years of observation. I’d estimate that around 85 to 90 per cent of owners simply get on with enjoying their homes and investments. […]
As winter has set in across Southeast Queensland, residents and guests of apartment buildings often close external doors and windows to retain warmth. As temperatures drop to the below 10C’s from late May to early August, occupants in units and high-rise apartment buildings have no other option but to close doors and windows to retain internal heat. While this keeps the cold out, it traps moisture and pollutants inside, making effective exhaust ventilation systems in toilet, bathroom, ensuite and laundry areas more critical than ever. In colder months, the natural inclination is to close windows and doors to conserve heat. However, this reduces natural airflow, […]
Sealcon Engineering Solutions is a leading remedial waterproofing and concrete repair specialist servicing strata‑managed buildings across the Sunshine Coast and Southeast Queensland. We are known for our precision injection services, delivering high‑accuracy leak sealing and structural crack remediation that protects buildings, prevents deterioration, and restores integrity without invasive works. With more than 35 years of combined experience, Sealcon provides strata committees and building managers with clear reporting, reliable communication, and engineered repair solutions that resolve water ingress, membrane failures, concrete cancer, and hydrostatic pressure issues. Our team excels in diagnosing the true cause of leaks and defects, then applying targeted, […]
Bruin Pest Management is a family-owned Queensland pest control company providing reliable, professional pest management services across Brisbane. We specialise in strata, body corporate and commercial properties, offering: General pest control Termite inspections Termite management systems Rodent control Bird management We are fully licensed and insured, we provide detailed compliance documentation, flexible scheduling and prompt communication to help property managers keep their properties protected with minimal disruption to residents. Connect with us here or give us a […]
Most strata disputes don’t begin with bad behaviour. They begin with an issue that never quite gets resolved. The adjudicator’s decision in Bower Lodge [2026] QBCCMCmr 1 is a useful reminder that while owners are entitled to raise concerns, how those concerns are pursued matters. In particular, repeated, lengthy emails can cross the line from engagement into a breach of a scheme’s by-laws — even when the sender believes they are simply seeking answers. More importantly, the case highlights a far more effective way for owners and committees to resolve ongoing issues: use the motion process to force a decision. […]
When glass breaks in a strata building, one of the first questions raised is who is responsible for paying for the glass repairs. Is it the lot owner or the body corporate? The answer can vary from building to building, which is why confusion and delays are common. A clear understanding helps committees manage repairs quickly and safely. Understanding Responsibility in Simple Terms Responsibility usually depends on the location of the damaged glass: However, this general rule is not universal. Every scheme can be different. The Importance of By-Laws and Survey Plans By-laws and registered survey plans legally define responsibility. […]
Embedded networks are becoming increasingly common in strata communities across Australia. As energy costs continue to rise and buildings look for smarter ways to manage utilities, more apartment complexes and mixed-use developments are adopting this centralised energy model. For many residents and Body Corporates, however, the term “embedded network” can sound technical and confusing. Understanding the basics is important because these systems directly affect how electricity is supplied, managed, and billed within a building. What Is an Embedded Network? An embedded network is a privately managed electricity network located within a building, apartment complex, retirement village, or commercial site. Instead […]
Innova Services Group was founded by a father-and-daughter duo, Pascal Dufroux and Coraline Dufroux. What began as a small family business overseas has grown into one of Queensland’s most trusted commercial cleaning companies; combining professional systems with a personal touch. From an intimate portfolio of 80 clients, we now serve over 400 businesses across Queensland, backed by proven systems and a responsive operations team. Our Services Strata cleaning Office cleaning Medical cleaning School cleaning Childcare cleaning Commercial carpet cleaning High pressure cleaning Infection prevention & hygiene While Innova Services Group have grown, we’ve never lost the heart of a family […]
Coastal Data, Security & Signal (CDSS) – Connect. Protect. Perform. Specialists in diagnosing and maintaining the systems that keep strata communities connected and secure. Coastal Data, Security & Signal (CDSS) provides professional data, security and signal solutions for residential and commercial strata properties across the Sunshine Coast — from Noosa to Glasshouse and west to the Hinterland. Founded by experienced industry professionals, CDSS brings together extensive technical knowledge and business expertise gained through many years servicing Sunshine Coast homes, businesses and multi-residential properties. Our team specialises in diagnosing, repairing and upgrading essential communication and security systems, including MATV and digital […]
On 23 March 2026, a significant development occurred in Queensland with the adjudication of Palmhurst [2026] QBCCMCmr 88. For the first time, an adjudicator recognised that sustained antisocial behaviour within a community titles scheme could amount to public nuisance, thereby enabling a body corporate to take action on behalf of multiple affected residents. This decision marks an important evolution in the interpretation and application of section 167(1)(a) of the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act), expanding its reach beyond traditional private nuisance disputes. A Pattern of Serious Misconduct and Community Disruption The dispute arose within a residential scheme known as […]
There’s an old saying: “Never wrestle with a pig. You both get dirty – and the pig likes it.” In strata, some disputes feel exactly like that. A committee finds itself drawn into endless arguments with an owner (or another committee member) who seems more interested in “winning” or venting than in resolving an issue. The result is time, cost and stress for everyone – and very little progress. This article uses that analogy to explore why committees should avoid “Never Wrestle with Pigs” and instead rely on the legislative framework for bodies corporate to manage unreasonable or nuisance behaviour […]
Leading on from Part 1 – Small Issues, Big Costs. Most strata schemes understand the idea behind a sinking fund. It’s meant to help a building plan ahead, spread costs over time and avoid those uncomfortable moments when something expensive suddenly needs fixing. On paper, it’s a great idea. In reality, sinking funds don’t always work exactly as planned. Forecasts get prepared, but over time the building changes, priorities shift, and decisions are made based on whatever feels most urgent at the time. Before long, the plan and what’s actually happening on the ground start to drift apart. Building Management […]
Hey Brisbane body corporates! Pool Inspector G here, bringing a groovy, stress-free vibe to your complex’s pool safety. As your go-to Brisbane pool safety inspector, I specialise in making strata pool compliance completely seamless. I handle your fences, gates, government administration, and Form 23 Pool Safety Certificate lodgements with an all-inclusive package for absolute peace of mind: For Smart Strata Customers Only: $285 for the first year, and only $249 each year after (and yes, I’ll price match any cheaper written quote!). A significant discount to my online published rack rate for general public of $325! Did you know 75% […]
PHJ Services is a family-owned and operated Gold Coast business proudly servicing Southeast Queensland since 1975. We specialise in professional carpet and upholstery cleaning, water damage restoration, mould remediation, fire and smoke damage restoration, biohazard and trauma cleaning, sewage clean-up, odour control, contents cleaning, and emergency disaster restoration. With over 50 years of industry experience, our qualified technicians work with body corporates, strata managers, property managers, commercial clients, insurers, and homeowners to provide prompt, reliable, and professional service. We understand the importance of minimising disruption for residents and delivering high-quality workmanship with clear communication throughout every project. Whether responding to […]
Understanding Your Body Corporate Community Living in a body corporate community is about more than just shared spaces—it’s about being part of a community, which by Macquarie Dictionary definition is “a group of people living in the same locality, sharing common interests, or having a common character.” This shared understanding of behaviour and expectations—both written and unwritten—helps communities function smoothly. However, every community is unique, with its own mix of individuals, dynamics, and ways of doing things. In a body corporate, people live, work, and make decisions together while owning common property as tenants in common. The Moving Parts of […]
The Australian Competition and Consumer Commission (ACCC) has released its fifth and final monitoring report on the Cyclone Reinsurance Pool, concluding its formal role in monitoring the scheme’s impact. The Australian Government established the cyclone reinsurance pool in 2022 to reduce the cost of reinsurance for cyclone risk and help make insurance more affordable for households and some small businesses in areas at higher risk of cyclones. The pool, which is administered by the Australian Reinsurance Pool Corporation, provides reinsurance for cyclone and cyclone-related flood risks covered under home, contents, strata and small business insurance (for sums insured up to […]
Most strata committees assume insurance is there for “when something goes wrong.” And it is — as long as the insurer agrees the damage was sudden, unexpected, and not the result of something that had been brewing for years. That distinction is where many claims fall over. Across the strata sector, insurers frequently rely on exclusions relating to wear and tear, gradual deterioration, defects, and lack of maintenance when declining or reducing claims — particularly for water ingress and roof-related losses. So what separates a smooth claim from a painful denial? Not luck. Evidence. Insurance Covers Events — Not Neglect […]
Our prior article detailed the limitations on what bodies corporate can use their funds for expenditure on – due to bodies corporate being creatures of statute. That article introduced the issue of committee members seeking reimbursement from the body corporate for gifts that they may have decided to give at Christmas time. Unsurprisingly, the legislation does not contemplate bodies corporate giving gifts – so any reimbursement to committee members on that basis would be unlawful. But even if gift-giving was allowed under the legislation, there is a prescribed process that must be followed when any payments are made to committee […]
Strata systems are designed around governance. This article examines one of the structural limits of that governance model: the point at which by-laws begin replacing the judgment they were originally intended to support. They assume that owners, committees, managers, occupiers and others will continually participate in decisions about how buildings are used, maintained, regulated, and adapted over time. But governance is difficult. It requires participation, judgement, information, deliberation, and ongoing engagement. These are precisely the capacities many strata systems struggle to sustain. As examined in the previous article, strata systems increasingly respond to governance difficulty by converting ongoing governance questions […]
Moisture is one of the most common issues affecting community‑titled buildings. Because multi‑unit structures share walls, ceilings and services, even a small amount of water can travel further than expected. When moisture moves unnoticed, it can affect multiple lots, compromise building materials and create conditions that support mould growth. This article explains how moisture behaves inside buildings, why water damage escalates quickly and what committees and managers can consider when responding to these situations. How Moisture Moves Through Strata Buildings Moisture rarely stays where it begins. Once water enters a building, it follows pathways created by construction materials, gravity and […]
Jims Pool Care Maroochydore – Professional Pool Maintenance, Cleaning Services, Installation & Equipment sales Keep your pool crystal clear, safe, and swim-ready all year round with our comprehensive and customisable pool care solutions. We tailor our services to suit your pool’s specific needs, ensuring optimal water quality and equipment performance. Regular Pool Maintenance Choose from weekly, fortnightly, or monthly service plans, including: Surface skimming and debris removal. Pool vacuuming and cleaning. Pool vacuuming and cleaning. Emptying skimmer and pump baskets. General pool health inspections. Water Testing & Chemical Balancing. Maintain Perfect Swimming Conditions With: Comprehensive water testing. Precision chemical balancing […]
Last year, you could buy a loaf of bread for $2.50. Today, it’s $2.80. Multiply that small change across groceries, fuel, rent, and electricity, and you start to feel the squeeze. Economists have a way of measuring this shift in the cost of living; it’s called the Consumer Price Index [CPI]. CPI is applied to a multitude of cost for a body corporate and as CPI rises, careful planning is required to ensure that any increased costs are met. In this article we will delve into what CPI is and how it affects owners levies they need to pay to sufficiently fund […]
Are you maximising the tax deductions available through your investment property? With 30 June fast approaching, it comes that time of year again where we are all starting to tidy up our tax affairs and of course hoping to reduce our tax payable or even increase our tax refund! If you own an investment property, tax depreciation will most likely be your largest tax deduction – if done correctly. There are many misconceptions about tax depreciation so let’s run through some frequently asked questions as they most likely will relate to you coming up to tax time. What is tax […]
The release of AS 1668.2:2024 has shifted the focus beyond basic airflow toward indoor air quality, air moisture control, and system performance. Revisions to AS1668.2 recognises that different areas within a building present different levels of risk. Apartment wet areas such as bathrooms, ensuites, toilets and laundries require increased attention due to the consistent presence of air moisture, odours and airborne contaminants, making effective exhaust critical to preventing condensation, mould growth and material deterioration. Across South-East Queensland, many apartment buildings, resorts and unit complexes continue to rely on exhaust ventilation systems designed and installed over 2, 3 (or more) decades ago. While these systems […]
Established in 1897, Taubmans has been a trusted name in Australian paint for more than a century. Renowned for its commitment to quality, colour innovation and lasting performance, the brand continues to support residential, commercial and community projects nationwide. Taubmans supports body corporate committees with paint systems that help extend the life of building surfaces, improve presentation and reduce ongoing maintenance requirements. Whether undertaking a major repaint or refreshing common areas, Taubmans offers reliable products and colour expertise to help achieve long-lasting results for strata communities. Explore our Products Interior Paints Exterior Paints Ceiling Paints Doors & Trim Paints Prep […]
Coastal Structural Drying specialises in professional moisture mapping, leak detection, structural drying, thermal imaging inspections, and moisture-related investigations for strata, residential, commercial and government properties. Using industry-leading equipment and detailed reporting, we assist strata managers, body corporate committees, property managers, builders and owners in identifying the source of moisture intrusion, water damage, leaks, condensation and mould-related issues. Our services include: • Moisture Mapping & Moisture Detection • Leak Detection Investigations • Thermal Imaging Inspections • Structural Drying Services • Condensation & Mould Investigations • Insurance & Pre-Purchase Moisture Reports • Waterproofing Failure Investigations • Detailed Photographic Reports & Recommendations Based […]
Three things to know about decision-making in strata: Watch our 3.5-minute summary: Listen on Spotify: It was Henry Ford who once supposedly said of his Model T car: you can have any colour you like, so long as it’s black. The illusion of choice has become a familiar feature of modern life, including in community living. The illusion of choice in body corporate finances From a strata perspective, take your Annual General Meeting for example. You’re asked to vote through the proposed budgets for the next year: the administration fund, the sinking fund, what levies to strike each quarter…whatever it […]
With Queensland’s final smoke alarm compliance deadline now less than a year away, many lot owners and committees are starting to ask what action needs to be taken before 1 January 2027. While smoke alarm compliance is often viewed as an individual owner’s responsibility, responsibility within community titles schemes is not always straightforward. For many bodies corporate, particularly older schemes, now is an ideal time to start raising awareness and ensuring owners understand their obligations before the deadline arrives. Smart Strata previously explored Queensland’s smoke alarm legislation in detail in our article, Smoke Alarm Compliance – Time to Act. Readers […]
As the curtain closes on the May | June 2026 Smart Strata Community Education Seminar Series, we are pleased to announce the winners of our seminar feedback prize draw. At each event, attendees who completed the post-event feedback survey were entered into a draw to win a prize. The feedback received throughout the series was invaluable and will help shape future educational events for the strata community. Congratulations to the following community education seminar winners: Event Winner Prize Airlie Beach – 7 May C. Dixon $100 Visa Voucher Sunshine Coast – 14 May L. Hollingshead Premium Gift Hamper Brisbane – […]
Serviqo Commercial is a Brisbane‑based professional cleaning service specialising in strata cleaning, office cleaning, commercial sites, and residential properties. We deliver reliable, high‑quality cleaning with strong attention to detail, consistent communication, and a commitment to maintaining safe, clean, and presentable environments. Our services include: • Strata cleaning & common‑area maintenance • Office cleaning & workplace hygiene • Commercial & warehouse cleaning • End‑of‑lease, deep cleaning & sanitisation • NDIS participant cleaning support We operate with full business compliance including ABN, Public Liability Insurance, WorkCover QLD, police check, and professional equipment. Our focus is simple: provide dependable service, maintain high standards, […]
There’s a perspective worth pausing on. Across Australia, there are far more strata committee members than elected officials. Thousands of volunteer owners are making decisions every day that directly affect how people live, what they pay, and how their communities function. This isn’t trivia—it’s perspective. These are not abstract policy debates. These are decisions about: And unlike elected representatives, there is no buffer. Feedback doesn’t filter through departments or advisors. It arrives directly—in meetings, emails, and conversations at the front door. Read on to learn about common misconceptions and the expectations vs reality placed on committees including how they can […]
I am pleased to advise that the office has created a new online training module, along with a new guide to living in a body corporate. This training module is designed to help participants better understand body corporate living and the rights and responsibilities that may arise throughout the property lifecycle. For anyone already registered in our training, it will automatically appear under the “Training” tab within the “BCCM Training” pathway as a new topic. The new training module provides guidance on: We have also published a new guide to living in a body corporate. This online resource provides an […]
The May | June 2026 Smart Strata Community Education Seminar Series has officially concluded, and this seminar series wrap-up reflects on five successful events held across Airlie Beach, the Sunshine Coast, Brisbane, Cairns and the Gold Coast. Delivered in partnership with Archers the Strata Professionals, the half yearly seminar series focused on: Maintenance & Major Projects: the who, what, when, why and how Over the course of the series, we saw over 500 registrations bringing together committees, owners, strata managers and industry stakeholders from across Queensland to explore the challenges and opportunities associated with major strata maintenance projects. A Strong […]
Electrify Gold Coast is a non-profit, volunteer community group, formed to support households, both stand-alone homes and apartment buildings, switch to cleaner, cheaper, all-electric living. With over 300 days of sunshine each year, the Gold Coast has a natural advantage that enables faster electrification and delivers benefits including: Lower energy bills for households Lower carbon emissions across the city More energy resilient communities Explore our website for valuable resources, industry news, upcoming events, and more or connect with us […]
The Blue Heeler Group (BHG) is a Queensland-owned building and property services company delivering insurance reinstatement, emergency make-safe, maintenance, refurbishment and accessibility works throughout Southeast Queensland. We specialise in working within occupied properties and strata environments, providing responsive, professional building solutions with minimal disruption to residents and stakeholders. Our services include: • Insurance repairs and reinstatement works • Emergency make-safe services • Water and storm damage repairs • Building maintenance and repairs • Bathroom and kitchen refurbishments • Accessibility and NDIS modifications • Common property repairs and upgrades • Commercial and residential refurbishment projects The Blue Heeler Group is QBCC […]
Rastec is a Queensland-based commercial drone and media production company specialising in aerial inspection and 3D modelling services for body corporate and strata managed buildings. Using high-resolution drone capture and advanced processing software, we produce detailed 3D models of building exteriors, roofs, and facades, allowing defects to be identified, annotated, and tracked over time without the cost and disruption of scaffolding or rope access. Getting accurate insight into a structure, asset, or site using traditional inspection methods can be time-consuming, costly, and expose workers to unnecessary risk. Rastec’s drone inspection solutions deliver precise, high-quality aerial imagery and data quickly and […]
Visitor Parking Solutions – BOOK IT. LOCK IT. DONE. A smart visitor parking solution that puts you in control. We’re the exclusive Smart Bollards distributor in AUS/NZ, making it easy to manage guest and staff bookings and protect residential and commercial bays with automated bollards and real-time alerts. Key Features: Complete smart parking management system combining customisable technology, advanced parking hardware, and user-friendly software. Supports fair, efficient, and secure management of: Visitor parking Staff parking EV charging bays Suitable for residential communities, workplaces, and commercial properties. Fully automated through License Plate Recognition (LPR) camera integration. Eliminates the need to manually […]
Maintain Australia – Facilities Management Building & Maintenance Services for Strata and Body Corporate Communities Maintain Australia is a Queensland-based building and maintenance contractor delivering responsive, professional, and reliable services across Southeast Queensland. We specialise in working within occupied residential communities, body corporate environments, and live operational facilities where communication, presentation, safety, and minimal disruption are critical. With extensive experience across government, commercial, insurance, and high-volume maintenance programs, Maintain Australia brings structured systems, strong trade coordination, and professional project delivery to the strata sector. Our Services; Reactive & Programmed Maintenance General building maintenance Carpentry and repair works Painting and refurbishment […]
Annual General Meetings are rarely anyone’s idea of a fun evening. Most strata unit owners and committee members attend because they care about their building, want to make responsible decisions, and would prefer to get through the agenda without turning what could be a 30-minute meeting into an endurance event. Yet nearly every committee has encountered that owner. You know the type. They arrive having clearly not read the agenda, the budgets, the quotes, the insurance terms, explanatory notes or any of the supporting documentation circulated several weeks earlier. But within minutes, they confidently begin interrogating every routine motion as […]
After a strong series of events across Queensland, the May | June 2026 Smart Strata Community Education Seminar Series will conclude next week with the Gold Coast Strata Seminar. Taking place on Wednesday, 3rd June 2026 at the People First Stadium – Chairman’s Club Room, the Gold Coast event is the final seminar of the series and the last opportunity for strata stakeholders to join the conversation around major strata maintenance projects before the series concludes. What The Industry Is Talking About Throughout the seminar series, one message has remained consistent across all regions: many strata communities are either currently […]
Body corporates are responsible for some of the most complex and high-risk decisions in a building’s lifecycle, particularly major maintenance and capital works. From façade remediation and roofing to waterproofing and infrastructure upgrades, these projects carry significant financial, legal, and operational implications. Yet many still run over budget, fall behind schedule, or end in dispute. These outcomes are rarely caused by a single failure. More often, they stem from gaps in planning, structure, and oversight that compound over time. Addressing these gaps early is critical to achieving better outcomes. Why Early Decisions Shape Project Outcomes A common misconception is that […]
On 27 January 2026, the Brisbane Supreme Court delivered its decision in Body Corporate for Westmark Milton CTS v Devine Constructions Pty Ltd [2026] QSC 9. The decision was that: Lot owners are left on their own to pursue their claims against the builder to the extent the builder’s breach of contract damaged their lot. Or are they? A class action can be started if 7 or more persons have claims against the same person arising out of related circumstances where the claims give rise to a substantial common issue of law or fact. A class action may be started […]
The May | June 2026 Smart Strata Community Education Seminar Series is now past the halfway point, with strong attendance and engagement across the first three events in Airlie Beach, the Sunshine Coast and Brisbane. With over 250 registrations so far, the series has continued to generate valuable discussions around major strata maintenance projects and the growing challenges facing strata communities across Queensland. Next week, the seminar series heads to Cairns on Thursday, 28th May for the second-last event of the series. What Strata Communities Are Learning So Far One of the strongest themes emerging throughout the series has been […]
RYCO Access Solutions is a Moreton Bay based rope access and height safety company helping clients maintain and care for their properties efficiently and comprehensively.. RYCO Access Solutions work across residential, commercial, industrial, and strata properties, providing practical access solutions with a strong focus on safety, reliability, and quality workmanship. All work is completed by our own qualified team, allowing us to maintain consistent quality, accountability, and service from start to finish. Our Services Washdowns Repaints Anchors Window cleaning Rendering & plastering Waterproofing Building maintenance plans Water leaks Fully insured & licensed Our IRATA-trained technicians combine industry-leading safety standards with […]
In Queensland’s building and construction industry, the role of a “Client-Side Project Manager” is commonly used across strata and body corporate projects, particularly for defect remediation, façade works, and capital upgrades. However, what many committees and managers don’t realise is that this role is not formally recognised as an exempt category under legislation. Instead, it is regulated under the Queensland Building and Construction Commission Act 1991 (QBCC Act), which focuses on what activities are being performed, not what the role is called. This distinction is critical—and often misunderstood. Why This Matters for Body Corporates Any building work in Queensland exceeding […]
There are many articles and information sheets on who is responsible for certain maintenance works. But many disputes arise over how a body corporate has attempted to approve maintenance being carried out which it accepts it is responsible for. In this article, we explore procedural errors that can arise despite a body corporate having the best of intentions to carry out the required work. Like anything to do with bodies corporate, especially those in Queensland, there is a process and procedure to follow, and decisions must be made prior to any action being taken. When faced with large, expensive and […]
As strata communities continue to face increasingly complex projects and competing priorities, decision-making has become more important than ever. With the Brisbane seminar taking place next week and the Gold Coast seminar approaching in June, we’re pleased to introduce our eighth guest speaker for the upcoming Smart Strata Community Education Seminar Series — Jessica Cannon, Partner at Chambers Russell Lawyers. In this article, we explore some of the broader considerations involved in navigating strata challenges, including communication, governance and decision-making throughout major strata maintenance projects. Jessica Cannon will be joining the panel at the Gold Coast seminar on 3rd June […]
Why Cleaning Should Be Part of Every Major Strata Maintenance Plan When bodies corporate begin planning for major maintenance projects, the focus is often placed on highly visible works such as repainting, roofing replacements, waterproofing upgrades, or lift modernisation. While these projects are undoubtedly important, one critical component of long-term building performance is frequently overlooked — the ongoing cleaning and Strata maintenance of shared spaces. Cleaning is often viewed as an operational expense rather than part of a building’s broader asset protection strategy. However, poorly maintained common areas can contribute to accelerated wear and tear, increased safety risks, reduced resident […]
OMS Facilities Maintenance provides Commercial Cleaning and Facilities Maintenance all over Queensland and around Australia. Head Office is based in Brisbane with teams located almost everywhere. We provide regular cleaning, scheduled cleaning and all adhoc cleaning requests. OMS Facilities Maintenance utilise software to track all the jobs, ensure completion certificates are signed off at the completion of all jobs, and we monitor attendance for all our ongoing cleaning services. Commercial cleaning Body corporate cleaning HVAC – heating, ventilation and air conditioning Fire – fire doors, smoke alarms and compliance Electrical testing and maintenance Plumbing maintenance Pest control Painting and patchwork […]
In strata buildings, major projects are rarely caused by sudden failure. They are usually the result of issues that were identified too late or not acted on early enough. The earlier a problem is understood, the more options a Body Corporate has to manage it efficiently. Delay reduces options and increases cost. A common example illustrates this clearly. A Body Corporate was presented with a $250,000 scope to rectify leaking balconies but chose to defer the works. Over time, ongoing water ingress caused widespread damage to structural elements and apartments below. What was once a manageable repair escalated into a […]
With the Sunshine Coast Seminar taking place next week, we’re pleased to introduce our seventh guest speaker for the upcoming Smart Strata Community Education Seminar Series — Sam Hogg, Director at PASG Projects. In this article, Sam explores why some buildings become far more expensive to fix, and how early identification, structured planning and proactive remediation can help strata communities better manage Major Strata Maintenance Projects. Sam will also be joining the panel at the Gold Coast Seminar on 3rd June 2026, bringing practical insight into how strata communities can approach major works with greater confidence, clarity and long-term planning. […]
Water ingress in high-rise buildings is more than just an inconvenience – it’s a progressive issue that can lead to significant structural damage, costly repairs, and ongoing maintenance challenges if not addressed early. In strata environments, where multiple lots and common property intersect identifying the source of a leak quickly and accurately is critical. The longer it goes unresolved, the more complex and expensive the outcome becomes. Why Water Ingress Happens Waterproofing failures in high-rise buildings are more common than many expect. Rarely is there a single cause. Instead, issues typically arise from a combination of design limitations, material degradation, […]
Buchanan Projects Pty Ltd is a licensed building and renovation company servicing strata, commercial and residential properties across the Southern Gold Coast, Tweed Coast and Northern Rivers. We are licensed in both Queensland and New South Wales, with a strong focus on supporting Queensland strata properties, body corporates, strata managers, committees and commercial clients with reliable building repairs, remedial works and renovation services. We take on building projects of all scopes, from small maintenance items and make safe works through to complex remedial repairs, high risk building works, staged upgrades and detailed renovation projects. Our team is suited to jobs […]
On a recent visit to Japan, I made an appointment to see an acclaimed acupuncturist, recommended to me by my GP as a true “healer”. As I laid eagerly on the treatment table trying to make sense of the conversation between my new saviour and his Japanese patient in the next room, I imagined what this master of healing might look like. Stereotypical images of Mr Miyagi disappeared as the privacy curtain swept open and standing before me was a short, bilingual Englishman with piercing blue eyes and wry smile. He laid his hands on my belly, looked through my […]
Strata legislation doesn’t stand still and neither do the responsibilities that come with it. With the Airlie Beach seminar taking place next week, we’re pleased to introduce our sixth guest speaker for the upcoming Smart Strata Community Education Seminar Series — Andrew Suttie, Director at Stratify Legal, who will be joining the panel to explore major strata maintenance projects and how changing legal frameworks are shaping the way they are planned and delivered. What’s Changing—And Why It Matters For many committees and owners, major works are already complex. Add evolving legislation, compliance requirements and shifting expectations, and the challenge becomes […]
Strata communities across Australia should be aware of upcoming energy rate changes that are expected to impact operating costs in the months ahead. With wholesale electricity prices fluctuating and network costs rising, many providers are forecasting noticeable increases across residential and commercial sectors. What’s Driving the Energy Rate Changes? Energy rate changes are being influenced by a combination of factors, including higher generation costs, infrastructure investment, and broader market volatility. These shifts are expected to flow through to strata schemes, particularly those with significant common area energy usage such as lighting, lifts, and shared facilities. Planning for Higher Costs of […]
Major maintenance projects are one of the most significant responsibilities faced by strata communities—and often one of the most challenging. Whether it’s repainting, waterproofing, remediation or other capital works, these projects require careful planning, clear decision-making and coordination between multiple stakeholders. Without the right approach, major strata maintenance projects can quickly become reactive, costly and difficult to manage. Understanding where things commonly go wrong is the first step toward achieving better outcomes. Major maintenance projects are one of the most significant responsibilities faced by strata communities—and often one of the most challenging. Whether it’s repainting, waterproofing, remediation or other capital […]
At FCF Fire & Electrical Sunshine Coast, we’ve been committed to safeguarding local homes, businesses, and community spaces for years. Our qualified team understands the unique needs of Sunshine Coast workplaces and delivers reliable, cost-effective fire and electrical safety solutions that meet all Australian Standards and legislative requirements. FCF Fire & Electrical are proud to support our region with competitive pricing and uncompromising quality. With long-standing warranties, expert technicians, and a 24/7 emergency response service, you can count on us to keep your property safe, compliant, and ready for anything, day or night. Our Fire Protection Services Fire Extinguishers Emergency […]
Planning a major works is one thing. Delivering it on site is another. We’re pleased to introduce our fifth guest speaker for the upcoming Smart Strata Community Education Seminar Series — Chris Lethlean, Operations Manager at Buildcheck & Silveira Consultants, who will be joining the panel to share practical insights into Major Strata Maintenance Projects and what happens once works are underway. When Major Works Plans Meet Reality Many strata communities spend significant time planning major works, reviewing reports, budgets and contractor quotes. But once a project begins, a new set of challenges often emerges. Access constraints, unexpected building conditions, […]
Strata communities across Australia face ongoing challenges in maintaining secure, compliant, and functional access points, particularly around pool areas and pedestrian gates, where gate hardware plays a critical role. As major maintenance projects are planned, upgrading gate hardware is a critical consideration that directly impacts safety, security, and long-term maintenance costs. This article explores the importance of reliable gate hardware and highlights key solutions that committees, owners, and managers can consider when addressing these essential access points. Challenges for Strata Complexes: Noise, Safety, and Maintenance Gates in strata properties endure high traffic and exposure to harsh environmental conditions. Over time, […]
Welcome to OZ Electrix Services, your trusted electricians in the Gold Coast. As a family run business, we’re committed to establishing great relationships with professional standards and delivering exceptional service from day one. We believe in transparency, reliability, and ensuring every client feels confident in our expertise. Discover how we’re lighting up Gold Coast, one connection at a time. Our Services Commercial and residential installations and renovations EV charging stations Switchboard upgrades Smoke Alarms Communication systems Security systems Emergency call outs Connect with us here or give us a […]
Community Fibre – HYPER-FAST INTERNET MADE FOR APARTMENTS We are Australia’s only carrier-grade network purpose-built for existing apartment buildings. Our team is delivering a full fibre FTTP network direct to each apartment, at no cost to the building. Aussies in apartments can finally have the Gigabit speeds they need. Forget fibre-to-the-basement – we’re bring cutting-edge fibre all the way up to the top floor. Give your residents world class internet in 3 easy steps, at zero cost to the building. We’re live in Sydney, Melbourne, Brisbane and the Gold Coast and are working with new building committees across all these […]
For bodies corporate established by the Body Corporate and Community Management Act 1997 (Qld), the proper maintenance of lots and common property is extremely important. As with repairs and defects, acting promptly is essential. As we often tell bodies corporate, better to spend $10,000.00 today than $1M tomorrow. Who Is Responsible for Maintenance? The general rule is that bodies corporate will be responsible for maintaining common property and lot owners will be responsible for maintaining their lot. As with most rules, however, there are exceptions. Bodies corporate can be responsible maintaining lots in certain circumstances. This most commonly arises if […]
We’re pleased to introduce our fourth guest speaker for the upcoming Smart Strata Community Education Seminar Series — Mario Esera, Partner at HWLE Lawyers, who will be joining the panel to explore Major Strata Maintenance Projects and how to approach them with confidence. When Major Maintenance Projects Lead to Disputes While major maintenance projects are essential to protecting and maintaining buildings, they can also be a common source of disputes and challenges within strata communities. Disagreements can arise around: Without clear processes and well-informed decision-making, major strata maintenance projects can quickly become difficult to manage, leading to delays, increased costs […]
The Who, What, When, Why and How for Body Corporate Owners Why Lift Failures Rarely Happen Suddenly Most lift failures do not occur suddenly. They are typically the result of small issues that have been missed, deferred, or misunderstood over time. By the time a lift stops working or begins to experience frequent breakdowns, the underlying problem has usually been developing for months, and in many cases, years. Why Lifts Are a Critical Asset for Body Corporate Owners For Body Corporate owners, lifts are one of the most critical and expensive assets within a building. They directly impact daily living, […]
About Swell Property Services Swell Property Services is a full-service property care provider bringing together cleaning, grounds and maintenance under one reliable team. We specialise in giving property managers, body corporate committees and building managers a single point of contact for consistent, high-quality property upkeep. We proudly service the Sunshine Coast and surrounding areas. Founded by a team with over 40 years of combined experience, Swell was built to raise the standard of property services. We focus on doing the basics exceptionally well. We take ownership of the details, so our clients spend less time chasing suppliers and more time […]
As buildings become more complex and densely occupied, fire safety remains a critical consideration for bodies corporate and property owners. While much attention is often given to alarms and sprinkler systems, an equally important (and sometimes overlooked) component is passive fire protection. Unlike active systems that respond once a fire has started, passive fire protection is built into the structure itself. It plays a vital role in slowing the spread of fire and smoke, protecting escape routes, and maintaining the integrity of the building during an emergency. For strata communities, understanding how passive fire protection fits into long-term maintenance planning […]
We’re pleased to introduce our third guest speaker for the upcoming Smart Strata Community Education Seminar Series — David Gee, Principal Building Consultant at Resolute Building Consulting, who will be joining the panel to explore major strata maintenance projects and how to approach them with confidence. Why Building Expertise Matters in Major Strata Maintenance Projects One of the most common challenges in major works is not just deciding what to fix—but understanding what is actually wrong in the first place. For many strata communities, building issues can be difficult to diagnose without specialist expertise. Problems such as water ingress, structural […]
Service contracts are one of the most common financial commitments a body corporate makes, yet they are also one of the least scrutinised. These contracts can lock a scheme into years of obligation with little flexibility. This article covers what to look for, what to question and where contracts commonly fall short. Sourcing The Right Contractor Before signing anything, committees need to know they are comparing genuine options. A single quote is not a comparison. As a general rule, it’s best to obtain at least three quotes for any contract over $5,000. This is basic governance and it is surprising […]
Anhur Dynamics Consulting is a specialist advisory and consultancy business providing cost management and quantity surveying services to the strata and property sector. We support owners’ corporations, strata managers, and asset owners with sinking fund forecasts, capital works planning, and lifecycle cost management. With a commitment to excellence, we are your trusted partner in delivering commercially sound, practical outcomes. Partnering with our clients to optimise cost efficiency, manage risk, and ensure the sustainable performance of their assets over time. Core Services: Sinking Fund Forecasts Building Condition Assessments Asset Register Development Cost Management Services Project Management Services Quantity Surveying Services Tender […]
Riptide Electrical – Noosa based Electrical contracting company specialising in Body Corp installations and repairs. Our team of electricians are highly skilled and diligent, with communication being a high priority. Living in a coastal environment, we understand the need to use quality materials to ensure longevity and ensure workmanship is never wavering. Always looking to improve and take lessons away from other jobs, we can cater to any such situations requested and will work with all involved parties to ensure jobs are completed on time and budget. Fair priced, safety at the forefront and lifetime workmanship guarantee, try Riptide Electrical […]
Schindler Lifts Australia designs, manufactures, installs, services and modernises a broad range of elevators, escalators and moving walks for almost every building type. The company is the Australian operation of the Switzerland-based Schindler Group, a leading global mobility provider with over 67,000 employees operating in more than 100 countries. We currently employ over 1,000 employees across Australia. Schindler supports sustainable urban development with safe, reliable and ecologically sound mobility solutions. Connect with us here or give us a […]
It has observed a significant increase in the use of drone technology across the building and construction industry, particularly within strata and Multi Residential environments. Once considered a niche tool, drones are now being adopted as a practical and efficient solution for building inspections, maintenance planning, cleaning operations, and safety compliance. With advancements in high-resolution imaging, thermal scanning, LiDAR capability, and automated cleaning systems, drone technology is increasingly supporting more informed decision-making, improved safety outcomes, and reduced reliance on traditional access methods. 1. Application of Drones in Strata & Building Environments Building & Roof Inspections Drones provide the ability to […]
We’re pleased to introduce our second guest speaker for the upcoming Smart Strata Community Education Seminar Series — Kate Broadbent, Director at ASQ — where we’ll be exploring major strata maintenance projects and how to approach them with confidence. Kate will be joining our expert panel across the May/June seminar series, where we’ll be exploring major strata maintenance projects and the who, what, when, why and how of managing major works. While governance and decision-making are critical, the success of major works is equally dependent on understanding the condition of the building and delivering projects effectively. Many strata communities face […]
Electricity prices across Queensland are shifting again, with recent Electricity Market Update data showing rising costs and increased volatility. For strata committees and owners, this matters—because energy is one of the most significant and unpredictable operating expenses in a building. Understanding what’s driving these changes can help committees make more confident, informed decisions. What The Latest Data Shows Recent electricity futures data indicates a noticeable change in direction. After easing toward the end of 2025, prices have begun to climb again in early 2026. Queensland and New South Wales are both experiencing similar trends, with forward pricing showing more fluctuation […]
Founded in 2016, Elite FM is a boutique, female-led firm dedicated to providing bespoke services to its clients. By integrating both client-side project management and comprehensive turnkey solutions, Elite FM delivers a seamless experience throughout every phase of the project lifecycle. The company’s methodology prioritises the representation of client interests from inception, offering oversight, coordination, and stakeholder management to ensure all objectives are achieved. Through its turnkey solutions, Elite FM manages end-to-end project delivery—from initial planning and design to final handover—while upholding clear communication, accountability, and quality at every stage. This dual capability enables proactive challenge resolution, optimised processes, and […]
Fire Door Specialists we look after all your needs from inspection to certification. Backed by extensive industry experience, our team is committed to safeguarding people and property through fully certified fire door solutions. We collaborate closely with builders, strata managers, and facility maintenance teams throughout Queensland to deliver expert installation, ongoing maintenance, and compliance support—without unnecessary delays. From high-rise buildings to commercial fit-outs and residential developments, we offer a complete end-to-end service that meets Australian standards and consistently delivers beyond expectations. Fire Doors Smoke and exit doors Inspections Installations Certifications Maintenance and compliance services Door regulations Evacuation diagrams Metal frame […]
As worldwide specialists in gate hardware, Polaris Hinges deliver premium hardware solutions that combine safety, elegance, and cutting-edge engineering. Our complete gate units integrate state-of-the-art soft, self-closing hinge technology with top-tier latches, ensuring a perfect fit for almost every application and for hard to close gates or tricky electric strike gates, Polaris Hinge have invented a next level solution, the Polaris Powerclose. Whether you are undertaking a new installation or upgrading an existing setup, Polaris products are designed to transform any gate into a smooth, quiet, and secure access point. Polaris Hinges are suitable for framed and frameless glass gates, […]
Shine Carpet & Pest Services is a family owned and operated business that established in 2013 to provide top quality carpet, upholstery, rug and tile cleaning services as well as general pest control to Brisbane communities. Since then, thousands of happy customers benefited from our personalised services and meticulous approach to cleaning. Shine Carpet & Pest Services is committed to maintain health and wellbeing of customers by utilising eco and pest friendly products and advanced technology. we take pride in our work, and our focus is on producing outstanding results that you will be more than pleased with. Connect with […]
Waterproofing failures remain one of the most common and costly issues affecting strata properties. While often overlooked in the early years of a building’s life, inadequate or deteriorating waterproofing can quickly escalate into significant structural and financial challenges if not addressed proactively. For bodies corporate, the question is not if maintenance will be required — but whether you are prepared when the time comes. The Hidden Risk of Waterproofing Failure Water ingress is not always immediately visible. In many cases, issues develop gradually — behind walls, beneath tiles, or within structural elements — before becoming apparent through damage such as […]
We’re pleased to introduce one of our expert speakers for the upcoming Smart Strata Community Education Seminar Series — Todd Garsden, who leads the body corporate practice at Mahoneys Lawyers & Advisors. Todd will be joining our panel discussions across the May/June seminar series, where we’ll be exploring major strata maintenance projects and the who, what, when, why and how of managing major works. Why Legal Insight Matters in Major Strata Maintenance Projects When it comes to major maintenance and capital works, many strata communities focus on the physical aspects of the project — scope, cost and contractor selection. However, […]
Many Queensland strata committees are currently receiving notices from service providers introducing a fuel levy surcharge. These notices are becoming more common across cleaning, gardening, waste, and maintenance services. The key question for committees isn’t just whether the levy applies—but why it’s being introduced and what it means for your scheme’s overall costs. Why Are Fuel Levies Being Introduced? From what we are seeing across the industry, fuel levies are being introduced as a direct response to sustained increases in operating costs, particularly for contractors who rely heavily on vehicles and transport. Importantly, these are not arbitrary increases—they are typically […]
Resolute Building Consulting is a specialist consultancy supporting strata and body corporate clients with compliance, defect management, and quality assurance. We provide clear, practical advice to help committees understand building issues, navigate regulatory requirements, and make informed decisions. Our approach focuses on simplifying complex matters and guiding clients through each stage of the process. Our Services Expert witness and reports. Building inspections and investigations. Dilapidation reports. General building and compliance advice. Education presentations: Waterproofing and passive fire protection. General contracting. With over 60 years of combined industry experience, Resolute Building Consulting consultants bring strong technical knowledge across construction, defect identification, […]
O’Brien Electrical and Plumbing Coopers Plains is a locally owned, trade-based business delivering reliable electrical, plumbing, and gas services across Brisbane, Logan & Ipswich. We pride ourselves on prompt response times, quality workmanship, and clear communication, supporting residential, commercial, and strata clients with both routine maintenance and urgent repairs. Our team is committed to safety, professionalism, and long-term customer relationships, making us a trusted partner for strata property management. Connect with us here or give us a […]
KSK Services – Professional Strata Maintenance Services – Reliable, Consistent, Hassle-Free At KSK Services Pty Ltd, we specialise in delivering high-quality strata and body corporate maintenance across the Sunshine Coast. We understand that strata properties require more than just a quick tidy — they need consistent presentation, clear communication, and a team that shows up on time, every time. Our experienced team provides structured maintenance programs tailored to your property, ensuring your common areas are always well-presented, safe, and compliant. Our Services Include: • Lawn mowing & edging • Garden maintenance & detailing • Hedging & pruning • Weed control […]
Strata Energy Services is a specialised Australian firm focusing on energy procurement, management, and sustainability for strata buildings Australia wide. We provide services including energy tenders, portfolio management, embedded network tenders and renewable energy solutions to reduce costs and improve energy efficiency, supporting over 39,000 buildings nation-wide. Services: Energy tenders Portfolio management Renewable energy solutions Embedded networks Connect with us here or give us a […]
Check Your Land Tax New valuations have been released by the Valuer-General for a number of local government areas (LGA), though not all areas have been valued this cycle. The updated valuations apply to several significant LGAs including Gladstone Regional, Gold Coast City, Ipswich City, Lockyer Valley Regional, Noosa Shire, Redland City, Sunshine Coast Regional, and Tablelands Regional Councils, among others. Increases range from 11 percent (Hinchinbrook) to 84.9 percent (North Burnett). Notices of valuation are being issued to land holders in LGAs included in this valuation round. As state valuations are not undertaken for each LGA every year, increases […]
The Urban Development Institute of Australia Queensland (UDIA Queensland) is a non-profit peak industry body governed by a Board of Directors. For over 50 years, we have played an integral role in Queensland’s property industry, growing to become the state’s largest network of community creators. Our members span both the public and private sectors, bringing together professionals who plan, design, and deliver the land, parks, open spaces, recreational facilities, buildings, and homes that shape our communities. We play a pivotal role in influencing the decisions that impact the property development industry, advocating for outcomes that support sustainable, well-planned growth. At […]
Whether it’s repainting, roofing, waterproofing, concrete remediation or lift upgrades, every building will eventually require significant capital works. The challenge for many committees and owners is not just the cost but understanding how to approach major strata maintenance projects in a structured, informed and confident way. So, the question is: Is Your Scheme Prepared? The Reality of Major Maintenance Projects Major maintenance projects are among the most complex responsibilities faced by committees and owners. They often involve multiple stakeholders, competing priorities, significant financial commitments and long-term implications for the building and its residents. Without a clear process in place, these […]
Most body corporate committees believe their insurance will cover them when it matters. That belief holds up right until the moment an insurer starts asking for documentation. Expired fire safety certificates, missing documentation, and lapsed service reports do not just create compliance gaps, they give insurers the perfect excuse to deny your claim. And insurance is only one piece of it. Non-compliance creates exposure across multiple fronts, from fire safety and QFES prosecution through to work health and safety obligations that many committees do not even know apply to them. The risks are real, they are avoidable, and they are […]
AJ Building & Restoration – Make Safe and Hire Equipment Services 24/7 emergency response for storm, fire, and water damage—restoring your home with speed, care, and precision. AJ Building & Restoration are industry-leading specialists in insurance-related works, delivering end-to-end solutions from make-safe through to full restoration and repairs. Our fully qualified teams are highly trained across all aspects of emergency response and restoration, equipped with the expertise and resources to handle any situation. From immediate make-safe works to complete property restoration, we ensure every job is completed to the highest standard. Services: Emergency makesafe services Insurance restoration Mould remediation Fire […]
Blue Property Services has been delivering professional cleaning and grounds maintenance for strata, commercial and retail properties across Brisbane for more than 10 years. Our teams maintain internal and external common areas including entrances, corridors, stairwells and amenities, as well as external areas such as driveways, pathways, car parks and surrounding grounds. Services Include: Commercial cleaning and supply restocking Tile scrubbing and restoration High pressure washing Window cleaning Dust extraction Waste area maintenance and management Soft landscaping Garden refurbishment and clean-ups Bulb and fluro replacement Blue Property Services work closely with committees, strata managers and facility teams to keep properties […]
Registrations are now open for the Smart Strata Community Education Seminar Series, delivered in partnership with Archers the Strata Professionals, focusing on strata major maintenance projects and how strata communities can manage them effectively. We invite strata committee members, owners, investors and industry stakeholders to join us across Queensland this May and June as we explore the who, what, when, why and how of planning, funding and delivering major works in strata schemes. These seminars are designed to educate, engage and connect strata committee members, owners, investors and industry professionals who want to better understand the processes behind successful building […]
TURNING A COST INTO A STRATEGIC OPPORTUNITY When major common property assets such as a roof, façade or lift wear out or are damaged, strata committees have two important financial tools at their disposal: insurance and the sinking fund (also called the capital works fund). Understanding how these two work together — especially when an insurance claim payout meets a capital item your scheme is already saving for — helps committees avoid levy shocks, keep long-term financial plans on track, and make the most of every dollar collected from owners. Insurance and Sinking Funds: What They Are Insurance Most strata […]
For strata committees, building remediation is not simply a maintenance exercise—it is a governance responsibility with financial, legal, and safety implications. Decisions made during remediation directly affect asset value, statutory compliance, insurance position, and long-term capital planning. Engaging qualified engineers ensures that those decisions are grounded in technical rigour and defensible engineering methodology. Forensic Diagnosis, Not Cosmetic Repair Many common strata issues—water ingress, concrete spalling, façade cracking, balcony failures, membrane breakdown—are symptoms of deeper performance failures within the building envelope or structure. Addressing these issues without a forensic engineering assessment risks repetitive failures and escalating costs. Engineers apply structured diagnostic […]
As a strata manager, I’m often asked how committee decisions should be made and whether formal committee meetings are necessary — especially when everyone “seems to agree”. One of the most common issues we see is committees trying to shortcut the process, often with good intentions, but inadvertently creating confusion, disputes or non-binding decisions. Today I want to share why structured committee meetings matter, the role of your strata manager in that process, and how good governance builds owner confidence rather than conflict. Why Formal Committee Meetings Matter Bodies corporate make decisions about maintenance, budgets, contractors and compliance that affect […]
The rapid evolution of digital technology has made privacy a hot social topic, and nowhere more so than in strata communities. With records being digitised and communications taking place mostly online, the question of how all this data is being managed and who has access to it can create confusion and conflict. Resident managers in unique position Resident managers occupy a unique position in this debate. They can inhabit three personas directly affected by questions of privacy: caretaker, lot owner, and letting agent. The question over how privacy issues are handled depends on which hat the resident manager is wearing […]
In most strata buildings, big problems don’t arrive with flashing lights or urgent phone calls. They usually creep in quietly, a faint water mark on a ceiling, a tile that rocks slightly when you step on it, a smell that comes and goes, or a resident mentioning something “just in case”. These small signs are often the early warning signals of future strata repair costs. At the time, none of it feels urgent. There’s always something louder demanding attention. Small issues are easy to mentally file under “keep an eye on it”, a category where things can live surprisingly long lives. […]
If you’re an owner, investor, committee member, or strata stakeholder in Queensland, and your community is facing Strata Major Maintenance Projects, these dates are for you. Twice each year, Smart Strata proudly delivers Community Education Seminars across Queensland in partnership with Archers the Strata Professionals—bringing the strata community together to learn, ask questions, and gain practical guidance from experienced professionals and trusted suppliers. In May/June 2026, we’re heading to five regions with a topic that speaks directly to one of the biggest pressure points for strata communities: Strata Major Maintenance Projects and Capital Works. Whether your scheme is facing repainting, […]
A body corporate is a creature of statute. This means that the extent of a body corporate’s powers are determined and limited by the legislation creating it. This is why: On this principle, it has been well established by adjudicators that, despite it being a good idea for the community, a party cannot be funded with body corporate funds. The same can be said for reimbursing committee members for Christmas gifting. We will cover off on that issue in a further article shortly. The reason for this principle is because the expenditure does not fall within what a body corporate […]
Roofs are one of the most critical — and most overlooked — assets in strata buildings. They protect the entire structure, safeguard residents, and play a major role in insurance outcomes. Yet in many body corporates, roof oversight remains reactive, fragmented, or deferred until failure forces urgent action. In response to increasing insurance pressure, ageing building stock, and heightened safety obligations, some bodies corporate are now considering a Roof Guardianship Program — an ongoing, independent approach to roof oversight and record-keeping. Like any governance model, Roof Guardianship has both advantages and considerations. Understanding both is key to deciding whether it’s […]
Juice Powers EV Charging Solutions for Eco-Friendly Transport Enhance your parking appeal and create an additional revenue stream by integrating electric vehicle charging solutions that cater to eco-friendly transport. EV Charging Station Solutions for your carpark – Juice Powers To continually drive revenue, your location needs to meet the needs of modern drivers, and today, that means providing electric vehicle charging options. Juice Power’s charging solutions are easily deployed in any location, allowing you to enhance your property value while supporting eco-friendly transport and keeping your electricity bill low. When time is money, people will appreciate charging solutions that allow […]
For over 15 years, Rohan’s Maintenance has been transforming commercial spaces with fresh, professional makeovers, regular maintenance and gardening services, that make an immediate impact. In just one day, we can breathe new life into your space – whether it’s reviving internal areas, cleaning synthetic grass, refreshing the garden and lawns, painting new walls, staining decks, repairing gates, even cubby houses, or adding greenery with plants and turf. Whatever your vision, our experienced team makes it possible. Our Services Include: Handyman Services: Door repairs: Hinged and sliding Internal painting Minor carpentry Floor repairs Gates Deck Staining Flat Pack Installation Commercial Space Makeovers […]
In every strata scheme, there’s an invisible tension shaping how decisions get made: a vocal minority who speak up often, and the silent majority who tend to stay in the background. Understanding which group you fall into and how to use that position constructively can make the difference between a divisive building and a collaborative community. Neither group is inherently good or bad as both play essential roles in a functioning community. The challenge is balance, ensuring passionate voices don’t overpower, while quieter ones don’t withdraw completely. This article explores how to identify which group you fall into, and how […]
We are pleased to announce the release of the Airbnb Strata Hosting Guide: Queensland, developed in collaboration with SCAQ and informed directly by feedback from our members. This guide represents a practical and constructive step forward in supporting responsible short stay accommodation within Queensland strata communities. As outlined in the Guide, Airbnb worked in partnership with SCAQ to ensure the resource reflects the realities of body corporate living and the operational experience of strata managers. Importantly, Airbnb has publicly acknowledged the contribution of SCAQ and our members in shaping this resource. Why this matters Short stay accommodation continues to be […]
Strata Community Association (Qld) Strata Community Association (Qld) is Queensland’s leading representative body for the professional body corporate and community titles sector. SCAQ advocates for and supports professional body corporate managers, their teams, and industry suppliers. Through legislative advocacy, education and professional development programs, and fostering strong industry connections, SCAQ works to strengthen and advance the strata sector across Queensland. From its beginnings as a small, volunteer-led group of just six members, SCAQ has evolved into a professional body representing more than 1,200 individuals and businesses. Today, it supports one of Queensland’s fastest growing and most influential sectors of the […]
In a strata scheme, a major water ingress event—whether from a burst high-pressure flexi-hose on level 10 or a flash flood in the basement—is a race against the clock. Within just one hour, water can seep through floor slabs, wick up drywall, and begin the irreversible process of “delamination” in cabinetry. For a Body Corporate committee, those first 60 minutes are not about repair; they are about mitigation. Under most insurance policies, the Body Corporate has a “duty to mitigate loss,” meaning failure to act quickly could result in a reduced claim payout. Use this checklist to navigate the first […]
At Purple Patch Doors we are very passionate about the products and services that we provide. Established in 2000, we specialise in the supply, service, installation and repair of a wide range of garage doors and automatic openers. We provide unparalleled service and technical support to our customers in the greater Brisbane, Gold Coast & Tweed Coast regions. Managed Services Options Ensure the longevity and optimal performance of your commercial garage doors with our service maintenance agreements. Purple Patch Doors comprehensive programs include regular inspection, lubrication, hardware tightening, and safety equipment checks, all tailored to meet your specific needs. By choosing […]
Conciliation is often viewed as an informal, good‑faith step in resolving community titles disputes, but its legal consequences are frequently underestimated. The recent QCAT appeal decision in Blue Water Co Pty Ltd v Castillo highlights that what parties agree to in a conciliation session may bind them long after the meeting ends. Even without a consent order, conciliation agreements can operate as an enforceable contract, making it crucial for participants to understand the weight their negotiated promises may carry. How Conciliation Sessions Work Conciliation sessions are run by a department conciliator. The sessions are conducted as quickly and with as […]
A great strata manager knows how to steer a committee back to the right process—without making anyone feel wrong – The Art of Diplomacy. In strata living, few relationships are as important or as delicate as the one between a strata manager and the committee. When the art of diplomacy works, it’s a true partnership built on trust and respect. When it doesn’t, it’s often because of a familiar challenge: committee members who believe they already know how the system works and although they may mean well, their good intentions can still clash with the legislation. The best strata managers […]
A Sydney strata committee received a concrete spalling remediation quote of $1.1 million in 2010. Owners hesitated, deliberating whether a less expensive repair could be undertaken. By 2012, the building was approaching uninhabitable conditions due to the delayed maintenance, and the final repair bill had nearly doubled to $2.15 million. This pattern repeats across every major building system. The question is not whether reactive maintenance costs more. It always does. The question is how much more your building will pay by waiting. The Real Cost of Waiting Industry analysis indicates proactive maintenance is approximately three times more cost-effective than reactive […]
My name is Jett, I run Jetstream Pressure Washing AU, a Brisbane-based exterior cleaning company. We offer the following services Building softwashing & façade wash downs. Roof cleaning. Window cleaning. Concrete cleaning (driveways, paths, car parks). House washing (soft wash & pressure wash). Solar panel cleaning. General pressure washing. Line marking & restriping. Mould, lichen, and grime removal. We’re fully insured, use safe and compliant cleaning methods, and always aim to minimise disruption for residents and tenants. I’ve attached our insurance details and a few before-and-after photos for reference. Thanks very much for your time, and I’d love the opportunity […]
J&E Locksmiths Pty Ltd Established over 30 Years servicing BRISBANE & GOLD COAST region. Locksmith Services. Intercoms repairs & replacement. Alarm service & repairs. CCTV Installations. Connect with us here or give us a […]
G-Line Plumbing – Strata Plumbing, Gas & Compliance | Sunshine Coast Plumbing, gas fitting, sewer and stormwater drainage, leak detection, high-pressure jetting, CCTV inspections, hot water systems, and backflow & TMV testing for large strata sites across the Sunshine Coast. About Us G-Line Plumbing is a Sunshine Coast-based plumbing contractor specialising in strata and body corporate maintenance, emergency response, and compliance works. We work with strata managers who require reliable attendance, clear communication, and work completed to a professional standard with minimal disruption to residents. We understand the operational demands of strata management, including access coordination, urgent repairs, compliance schedules, […]
CMX Property Maintenance has delivered reliable strata solutions for over 10 years across Brisbane, the Gold Coast, and the Sunshine Coast. We specialise in work at heights—design, installation, inspection, testing and certification of height safety systems—and industrial rope access for difficult‑access maintenance. Our crews combine trade skills with IRATA‑qualified rope access to provide safe, efficient, and cost‑effective outcomes with minimal disruption to residents and operations. Core services: Height safety systems: design, installation, inspection, testing and certification Rope access maintenance and repairs High‑rise and difficult‑access painting and protective coatings Leak detection, sealing, and external waterproofing Façade, external and window cleaning, pressure […]
In strata communities, information moves quickly and disputes can escalate just as fast. When comments cross the line from criticism to defamation, the legal consequences can be significant. Defamation within strata schemes is becoming increasingly common, yet many owners and committee members misunderstand how the law applies. This article explains the essentials of defamation, the unique protections and risks in strata settings and the practical steps needed to avoid costly and unnecessary legal conflict. What is defamation? Defamation law developed to protect reputations. It is contained in uniform laws throughout Australia, with Queensland adopting the Defamation Act 2005, and in […]
At Smart Strata, we know that confidence and knowledge are essential to good body corporate governance. Whether you’re a committee member, owner, resident, industry supplier, or strata manager, understanding how body corporate laws work can make your role more effective and less stressful and the new online BCCM training can help. Queensland’s Office of the Commissioner for Body Corporate and Community Management (BCCM) have launched a new free online training program designed to help stakeholders better understand the key aspects of body corporate legislation and how it operates in practice. If you want to contribute to your community in a […]
Backflow prevention is not something most owners or committee members think about day to day. When systems are working, it tends to sit quietly in the background, only attracting attention when testing is due or a compliance notice arrives. However, from a building risk and asset management perspective, backflow remains one of the more misunderstood and underestimated plumbing risks in strata properties. This is partly because backflow issues rarely present as dramatic failures. Instead, they sit at the intersection of public health, compliance, and long-term infrastructure responsibility — areas that often only come into focus after a problem has already […]
Versatile Property Servicing are a family-owned and operated maintenance business based on the Sunshine Coast, providing reliable, high-quality support to strata complexes and managed properties. We specialise in: ✅ Yard & grounds maintenance ✅ Common area cleaning ✅ Ad hoc and scheduled general maintenance ✅ Property tidy-ups and turnaround works We pride ourselves on being easy to deal with, dependable, and doing things properly the first time. Our focus is long-term relationships with strata managers and property teams who value clear communication, prompt service, and consistent results. Versatile Property Servicing are fully insured and service the Sunshine Coast region, with […]
Often residents in community titles schemes are unsure if a body corporate can ratify (approve after the fact) decisions that are made by a committee without proper authority. In some circumstances, the body corporate can ratify those decisions at a general meeting, and this article will explain the concept of ratification and some common misconceptions. What is ratification? Ratification is a legal term that allows a body corporate to approve an action carried out on their behalf by the committee, even if the committee did not originally have authority to act. In a Queensland District Court case, it was confirmed […]
Fire safety is a key responsibility for Queensland strata schemes, yet the terminology can be confusing. Two terms often used interchangeably and sometimes misunderstood are: While closely related, they serve different purposes. Understanding the distinction helps bodies corporate, committees and managers better manage compliance, safety and risk. Fire Safety Equipment Testing and Maintenance (Australian Standard 1851) Fire safety equipment testing and maintenance refers to the routine inspection, testing and servicing of installed systems to confirm they are operating correctly in accordance with Australian Standard 1851 – (Routine Service of Fire Protection Systems and Equipment). This work is carried out by […]
High rise and multi-level buildings present unique challenges when it comes to maintenance. From façade inspections to painting and leak repairs, access can be both difficult and expensive if not approached correctly. Rope access is becoming a preferred solution for body corporates wanting efficient, safe and cost-effective outcomes. The Challenge of Building Maintenance in Strata Schemes Managing a multi storey building often means facing hidden costs and logistical hurdles. Traditional access methods such as scaffolding or cranes not only come with significant expense but also cause disruption for residents and the surrounding community. For committees and building managers the challenge […]
Three things to know: Watch now: Listen here: Who Has Access to CCTV Footage? Ten years ago, CCTV in strata was a new thing, but clearly there are plenty of buildings with it now. A question we’re constantly being asked is: Who has access to the CCTV footage? For how long must it be kept? Is CCTV footage a body corporate record? And up until now, we’ve been quite comfortable saying that CCTV footage is a record of the body corporate, meaning it’s available to be accessed by people who are legitimately entitled to it, which includes owners and occupiers. But that has just changed. A New Perspective A recent decision from the Commissioner’s Office – which is an absolute boomer if you’re […]
Collecting levies on time is essential for the smooth operation of a body corporate. Levies fund insurance, maintenance, contractor payments and sinking funds. Queensland legislation recognises the importance of timely payment and allows bodies corporate to adopt incentives for prompt payment and penalties for late payment — but only if correctly approved and administered. For further practical context on levies and why they matter, see Smart Strata’s article – Paying Levies in a Body Corporate. Body corporate levies Legislative Framework In Queensland, most bodies corporate operate under the Body Corporate and Community Management Act 1997 and one of several associated […]
In the world of strata management, a “water leak”, or “escape of liquid” is rarely just a leak. It is a potential legal dispute, a health hazard, and a financial burden. When a Body Corporate submits an insurance claim for water damage, the most common hurdle they face isn’t whether the damage exists—it’s proving how and when it happened. In 2026, “taking a look” is no longer enough. To secure insurance approvals and protect the scheme’s sinking fund, committees are increasingly turning to Digital Moisture Mapping. What is Digital Moisture Mapping? Unlike a visual inspection, which only identifies surface staining, […]
In November 2025, the Office of the Commissioner for Body Corporate and Community Management released a new suite of self-resolution forms to support dispute handling and internal decision-making under Queensland’s Body Corporate and Community Management Act 1997 (BCCM Act). These forms are now available for use and are intended to help owners, occupiers and committees address issues early — before seeking formal dispute resolution through the Commissioner’s office. Below we break down each form, explain when and why you would use it, and how it helps clarify common processes within a strata scheme. Form 36 – Motion to the Body […]
Insurers have recently focused on schemes which have tobacconists within them (or other businesses selling tobacco related products). Where there is a tobacconist (or similar business) operating from within the scheme, this has led to: insurance renewals being refused; or if insurance is offered, increased premium costs and excesses for fire events. Due to the way in which insurance premiums are apportioned for a body corporate, all lot owners in the scheme are then required, in the first instance, to bear the increased insurance premium costs – which can be 2 or 3 times more than if the tobacconist was […]
Body Corporate Meeting Matters: Why the Right Room Leads to the Right Decisions Many schemes hold their meetings in BBQ areas, beside the pool, or even around someone’s kitchen table. While this can be OK for a social catchup, site visit or an informal catch up, they are not suitable locations for formal meetings of the Body Corporate. It is up to the Committee to choose the location for formal Committee or general meetings. Choosing a boardroom or dedicated meeting room isn’t about being fancy—it’s about ensuring the right environment for the important business at hand. Here’s why the setting […]
Happy New Year from Smart Strata – Top 10 Countdown As we settle into 2026—getting used to writing a new year and easing back into routine—the team at Smart Strata would like to warmly welcome you back and announce the top 10 countdown for most read articles of 2025. To kick off the year, we’re continuing our annual tradition of reflecting on what resonated most with our readers. A Big Year for the Strata Community Last year delivered no shortage of important conversations and developments across strata living. From Tropical Cyclone Alfred impacting communities across Queensland, to the introduction of […]
Over the Christmas and New Year holiday period, committees often see a predictable seasonal spike in complaints about swimming pool use, especially double dipping. This year was no different, with multiple reports of non-resident owners wanting to “cool off”, or worse, sending their teenage children and friends to the building’s pool to get them out of their hair during the school holidays. The logic, from the owner’s perspective, often sounds reasonable enough: “I own a unit there, so why can’t my kids use the pool?” Unfortunately, strata law doesn’t usually agree — and attempts to do so can amount to […]
Fortis FM – Brisbane Based Facilities Management Specialists! Fortis FM can manage all your repairs and maintenance, coordinate your contractors, and handle all your compliance requirements for your property. Stop chasing contractors and managing maintenance headaches. Get professional FM management with transparent pricing and 24/7 emergency response. Contact us for a no-obligation proposal or connect with us […]
Valhalla Pest Control: Body Corporate & Strata Specialists Valhalla Pest Control provides elite, reliable pest management solutions specifically tailored for high-density residential and commercial complexes. We understand the unique challenges of Body Corporate environments—from managing shared common areas and high-traffic zones to ensuring the individual peace of mind of every resident. Our Services: Termite inspections. Pest treatments. Fire ant, bed bug control. Bird proofing inspections. Roaches, spiders and ants. Rodents. Why Body Corporates Choose Valhalla: Reliability & Professionalism: We arrive on time, in uniform, and provide clear, comprehensive reporting for your records. Safety First: We utilize industry-leading, low-impact treatments that […]
As the year draws to a close and the festive season begins, the team at Smart Strata — together with our foundation partners Archers the Strata Professionals, Strata Compliance Solutions and MAI Strata — would like to wish you a very Merry Christmas and thank you for being part of our community throughout 2025. In this final update for the year, we’re taking a moment to reflect on what’s been a busy and rewarding 2025, share some highlights from across the strata industry, and look ahead to what’s coming up in 2026. We’ve also included some handy information about our […]
A recent adjudicator’s order has again highlighted the complexities of living in community titles schemes—particularly when a lot owner undertakes lot improvements that encroach upon, alter, or effectively dispose of common property. The dispute at Kapalun Sun Court, a 17-lot scheme, shows just how complicated questions of “who owns what” can become when structural changes affect shared assets, building infrastructure, and regulated airspace. At the heart of the issue were significant modifications made by a lot owner to their rooftop terrace. These works raised important questions for all bodies corporate: These are essential issues for all strata residents—because what one […]
When it comes to the long-term health and financial stability of a strata scheme, the roof sits at the centre of risk, responsibility and resilience. Yet across Queensland, roofs remain one of the most overlooked components of common property until something goes wrong — a storm event, a leak, or an insurance claim that exposes years of reactive maintenance. This article explores why roofs so often fall through the cracks and outlines a practical model that helps committees and body corporate managers manage this asset more proactively and transparently. Why Strata Roofs Get Neglected Although the roof is one of […]
Three things to know: Who Takes on the Risk in a Body Corporate? There’s an old saying about joining a poker game in Vegas: If you don’t know which of the players is the patsy, then you’re the patsy. A variation of that theme could be applied to decision making in a body corporate and the handling of risk. In any decision that a body corporate makes, there’s an element of risk. Some of those decisions are minor – which contractor are we using for this $500 job? Others can be major and involve relatively significant assumptions of risk. If […]
Brisbane City Council proactive approach to regulate short stay rentals The Council has proposed a Short Stay Accommodation local law 2025, aiming to regulate short stay accommodation , which is less than 3 months, to ensure continued quiet enjoyment and safety in Brisbane strata properties. They are seeking feedback on the proposed changes to ensure the balance between owners, tenants and visitors can continue to meet the needs of the different dwellers and continue to attract investment to the region. Why is there a need for short stay regulation? Living in community buildings can present several challenges such as disruptive […]
Pool Safety is more than just preventing slips and trips. It’s a crucial element in protecting lives, especially young children. Staying compliant with pool safety isn’t just about avoiding fines or meeting legal obligations – it’s about ensuring your pool area is a safe space for everyone to enjoy. In this article, we’ll reveal the top five common pool safety Non-Compliances that we come across during our inspections. More importantly, we’ll give you practical advice on how to avoid these issues and keep your pool area safe and compliant. So, whether you’re a landlord, body corporate or hotel manager, stick […]
MG Cleaning AU is a professional cleaning and property-care company servicing the Gold Coast, Brisbane, and Sunshine Coast. We specialise in strata cleaning, body corporate maintenance, and high-standard detailed cleans for residential and commercial properties. We are known for being reliable, consistent, and easy to work with. Our team is trained to follow clear checklists, provide prompt communication, and deliver a high-quality finish on every job, from small complexes to large multi-building sites. Our services include: • Routine strata & common-area cleaning • Pressure washing (driveways, pathways, external areas) • Window & glass cleaning • Bin room cleaning & bin […]
Gold Coast Pressure Washing Services Professional Exterior Cleaning Since 2002 Gold Coast Pressure Washing Services is a locally operated, family-owned business proudly servicing body corporate communities, strata complexes, and commercial properties across the Gold Coast for more than 20 years. Fully insured and highly experienced, we deliver reliable, high-quality exterior cleaning backed by clear communication, punctual service, and consistent results. Using commercial-grade equipment and safe, effective methods, our team ensures long-lasting outcomes that make life easier for busy strata and property managers. The Value We Deliver • Improve first impressions and overall presentation • Enhance property appeal and asset value […]
GemArk Consultancy provides independent plumbing assessment and compliance support for strata, commercial, and residential properties across Queensland. Our work focuses on understanding how plumbing-related issues develop over time, how they impact risk, liability and decision-making, and how early identification and clear documentation can prevent escalation later. This includes condition reporting, defect identification, and compliance-related inspections where accuracy and impartiality matter. Services • Backflow & RPZ annual testing • TMV compliance for regulated facilities • Sewer and stormwater assessments • As-constructed drainage mapping • Plumbing defect investigations • Independent reporting for committees and body corporates GemArk Consultancy regularly assist Strata managers, […]
As the year draws to a close and workplaces prepare for the traditional two-week shutdown, something entirely predictable—but still always surprising—happens across the strata industry: the Christmas Rush. Anyone who has worked in strata, legal, accounting, construction, real estate, or almost any professional services industry knows exactly what this looks like. Phones ring hot, inboxes overflow, expectations spike, and urgency seems to be the theme of the season. Owners, committees, contractors, and stakeholders all feel the pressure of the looming holiday period. But why does it happen—and what can we do to make this time less stressful for everyone involved? […]
Payment Claims and Pitfalls: What Bodies Corporate Must Know Bodies corporate in Queensland are often involved in building projects, from minor repairs to major upgrades. With construction comes the risk of payment disputes, especially with contractors issuing payment claims under the Building Industry Fairness (Security of Payment) Act 2017. These claims carry strict legal deadlines and can have serious financial consequences if not handled correctly. What may look like a routine invoice may actually be a ‘payment claim’ under the Act, which starts strict response timeframes and consequences if you don’t respond. This article explains what payment claims are, why […]
A Preventative Maintenance Guide for Strata Committees A tiny chip, a sticky sliding door or a window that does not sit quite right can seem harmless enough. But in strata buildings, these small glass issues often become big and expensive problems when left untreated. For committees, understanding early warning signs and knowing when to act can save money, reduce disputes and keep residents safe. Why committees should pay attention to glass issues Glass is one of those building materials that is easy to forget about when it is working well. But once it fails, the consequences are immediate. A small […]
Strata Roof Management — Clear Answers at Every Stage Managing a strata roof can place enormous pressure on a committee. Committee members are often expected to decide what is urgent, what can wait, how much money should be budgeted, whether contractor recommendations are reasonable and whether competing quotations actually cover the same work. Strata Roof Management provides independent guidance through three optional stages. Each stage delivers a clear, practical outcome, and the committee decides whether and when to proceed further. Stage 1 — Roof Condition & Asset Management Assessment Know the true condition of your roof and plan before problems […]
Abolish Termite and Pest Management provide safe, reliable, and affordable pest and termite control for Strata. We’ve worked on every kind of pest problem there is, from minor pest and termite issues in common areas, homes, businesses or restaurants to full-scale infestations, see our website for full list of pest control services. Abolish Termite and Pest Management experts can provide all the solutions you need to keep your Strata scheme, business or home pest-free, whether you want to protect it from spiders and other pests or prevent the destruction that termites often cause. Connect with us here or give us […]
“A good strata manager doesn’t just know the legislation — they know how to translate it for every audience in adaptable communication styles.” Understanding Different Communication Styles No two committees are the same. Some prefer detailed reports and written correspondence, while others value quick phone calls or informal chats. These preferences reflect distinct communication styles — formal versus informal — and both have their strengths. Formal communicators appreciate documentation and structure, which support compliance and accountability. Informal communicators, on the other hand, value responsiveness and connection, often leading to faster resolutions. An effective strata manager finds the balance. For instance, […]
Submitting a motion to your body corporate is one way owners can help make decisions about how their community titles scheme is run. A motion is a request for action, and whether it’s a request for something to be maintained, proposing a new by-law or seeking approval for an improvement, a well-written one provides clarity of what you are asking to be voted on. In this article, we’ll suggest how a written motion should be constructed to give your request the best chance of being accepted. We will also provide real case examples and helpful tips on what to avoid […]
Keeping Multi-Residential Buildings Safe Through Effective Passive Fire Management. In multi-residential buildings, passive fire protection plays a critical but often overlooked role in safeguarding occupants. While alarms, sprinklers, and extinguishers are familiar features of fire safety, the systems hidden within walls, ceilings, and service shafts are just as vital. Fire-rated walls, floor systems, fire doors, and compliant service penetrations slow fire and smoke spread, protect exit paths, and provide valuable time for emergency response (Australian Building Codes Board, 2023; Standards Australia, 2017). For strata managers, committees, and building caretakers, understanding practical passive fire obligations is essential. This guide explores building-focused […]
If, as Mr. Shakespeare once postulated, all the world’s a stage and, further if, as no one ever postulated (until now), all community titles schemes were musical theatre productions… (let’s pause here for a moment – imagine your body corporate manager tap-dancing into the AGM like Hugh Jackman with gold shoes, tails and top-hat and declaring the meeting open with a tappety-tap of their diamante-adorned cane and the chairperson, amidst rapturous applause, leaping onto the table to croon each motion to the adoring attendees)… then “It takes two” by Marvin Gaye and Kim Weston would blast through the public address […]
A Practical Schoolies Guide for Body Corporate Committees & Building Managers Why this Schoolies guide? Schoolies brings a short, intense period of high occupancy—often with guests unfamiliar with high-rise living. The risks are predictable (balcony misuse, false fire alarms, lift abuse, overcrowding, noise) and the controls are well understood. This practical guide helps committees, on-site managers, and caretakers prepare, operate, and recover smoothly—focusing on people safety, legal compliance, and asset protection. What’s different during Schoolies—and why it matters Plan & confirm for Schoolies Communicate & educate for Schoolies Train & stage Final checks During Schoolies: Operate & document After Schoolies: […]
Three things to know: As lawyers, we’re used to dealing with other people’s money. Usually that sits in our trust account, and we won’t act on it or do anything with it unless we receive specific instructions from our client. A body corporate general account, sinking fund or administrative fund isn’t the same as trust monies, but it’s not far from it. There’s a saying in relation to dealing with other people’s money that you should treat it as if it was your own. I don’t necessarily think that’s the case for a body corporate. How we as individuals deal […]
As a committee member, you play a central role in safeguarding your building’s long-term financial health. Well-managed sinking funds and a realistic forecast are among your most valuable tools to achieve that. This guide explains how they work in Queensland strata schemes, how forecasts are compiled, how they feed into levies, and how your committee can use them to plan ahead confidently. For a deeper understanding of how levies themselves are prepared and approved, we have also included articles on levy preparation and budgeting. Why sinking funds matter The sinking fund—sometimes called a capital works fund—is the financial backbone that […]
Celebrating Insightful Conversations and Our Lucky Seminar Prize Winners The October 2025 Smart Strata Community Education Seminar Series has officially wrapped up on a high note — concluding an incredible statewide journey that inspired meaningful discussions and delivered valuable insights around Clarifying Maintenance & Improvement Obligations across common property, lot boundaries, and exclusive use areas. Today we announce our lucky Maintenance Seminar Prize Winners! A heartfelt thank-you goes out to everyone who joined us, contributed to the discussions, and helped make this series such a success! With engaging expert panels, strong attendance, and lively audience participation, this series empowered strata […]
The promise of generative artificial intelligence (AI) was a new era of efficiency. In some respects, it has done that. Decades of meeting minutes can be fed into an AI program with a request to find any approvals that have been given for a particular lot to make improvements to the common property, or to identify and summarise decisions made about a roofing membrane. But it has been used as a substitute for human reasoning, analysis and drafting to prepare correspondence and submissions to argue with other stakeholders in a strata community. A problem has emerged from this: strata managers, […]
A Memorable Close to the Final 2025 Smart Strata Seminar Series Maintenance Seminar Wrap-Up! The Smart Strata Community Education Seminar Series has officially wrapped up for the final half of 2025, culminating in a fantastic closing event in Cairns last Thursday night. Following four successful seminars held across the Sunshine Coast, Gold Coast, Mackay, and Brisbane, this statewide series reached over 350 attendees, each eager to deepen their understanding of strata maintenance responsibilities and governance best practice. This series theme, Clarifying Maintenance & Improvement Obligations — covering common property, lot boundaries, and exclusive use areas — generated insightful discussion and […]
From fixing problems to preventing them – how technology is changing lift care We’ve all experienced the frustration of a lift breaking down at the worst possible time – whether during peak school drop-off or in the middle of a busy workday. Traditional maintenance often waits for something to fail before taking action. However, predictive maintenance changes the game by spotting issues before they become problems. Why reactive maintenance falls short Reactive maintenance often means residents face long waits when a lift breaks down, sometimes hours or even days before it’s back in service. Emergency callouts quickly drive-up costs, and […]
Living in a strata-titled property can offer numerous benefits, from shared amenities to a sense of community. However, it also comes with its own set of rules, responsibilities, and potential challenges. Whether you’re considering purchasing a strata property or already reside in one, understanding the ins and outs of strata living is crucial. Here’s what you need to know: Understanding Strata Title: Strata title refers to a form of ownership where individuals own a portion of a property, typically an apartment or townhouse, along with shared ownership of common areas such as corridors, gardens, and parking spaces. The property is […]
Final Wrap Up Next Week! Celebrating the Industry Experts Who Made It All Happen With the successful completion of the October 2025 Smart Strata Community Education Seminar Series, we extend our sincere thank-you to all our maintenance seminar exhibitors and guest speakers who contributed to this October’s series. Keep an eye out for next week’s Smart Strata newsletter, where we’ll share a detailed recap of the key insights from our guest speakers along with the full presentation slideshow — packed with practical information and takeaways. If you missed it, you can also view our halfway wrap-up HERE. Our exhibitor partners […]
Sometimes residents in community titles schemes struggle to tell the difference between maintenance and insurance responsibilities. One does not equal the other. If the body corporate or an owner needs to insure something, that doesn’t automatically mean they have to maintain it, and vice versa. Although maintenance and insurance serve different purposes, they can still affect each other in practical situations. This article clarifies common misunderstandings by explaining: Maintenance in a body corporate While body corporate legislation doesn’t define “maintenance,” the term is widely understood. To better understand maintenance in a body corporate setting, we can look to adjudicators’ decisions […]
When it comes to maintaining common property, what seems straightforward on the surface is often anything but. While the general rule is that the body corporate is responsible for maintaining common property, recent articles highlight how the most common maintenance pitfalls can lead to misunderstandings, grey areas, and neglected obligations frequently causing disputes and costly delays. Here’s a practical guide to some of the most common maintenance pitfalls and how your committee can avoid them. Pitfall #1: Common Maintenance Pitfalls – Assuming the Caretaker Handles It All It’s a common misconception that the caretaker is responsible for all repairs and […]
The final leg of our Smart Strata Community Education Maintenance Seminar Series is nearly here! After four successful events across Queensland, we’re concluding this outstanding series with the final seminar in Cairns on Thursday, 30th October. This event marks the last stop in our statewide series themed Clarifying Maintenance & Improvement Obligations for common property, lot boundaries, and exclusive use areas. Join us at Pullman Reef Hotel Casino on Thursday, 30th October 2025 — 5:30pm for a 6:00pm start — for a free, in-person maintenance seminar designed to deliver practical insights, legal clarity, and meaningful connections within the strata community. […]
Specialist Body Corporate Pest & Termite Management Built for strata. Structured for managers. Clear for Committees. Pest & Termite Defence is a Brisbane based, owner-operated pest management company specialising in Body Corporate pest control, common property treatments and termite inspection programs across Brisbane. Led by Mitchell Pryce—a former Body Corporate Manager and licensed Pest Management Technician—our service combines practical strata management experience with qualified, hands-on pest and termite expertise. We understand that successful Body Corporate service delivery involves more than completing the physical treatment or inspection. It requires: A clearly defined and correctly followed work order An understanding of common […]
Superior Roof Repairs and Resprays are your ‘go to’ team for all things roof related. Superior Roof Repairs and Resprays specialise in concrete tile, terracotta tile, and metal roofing maintenance and repairs. We can also take care of any roof guttering needs. Additionally, we offer full roof restorations (repairs, clean and paint) and partial or full re-roofing works. We can also take care of any roof reports required on any roofing surface. There is no job too big or too small for us. Our Roof services; Painting Reports Cleaning Repointing Pressure cleaning Restoration Terracotta roofing Metal roofing Concrete tile roofing […]
OwlEstate Building Management is a Brisbane-based company providing caretaking, facilities management, and building support services to residential and mixed-use strata communities. We work alongside strata managers and committees to maintain buildings’ common areas, coordinate contractors, and ensure day-to-day operations run smoothly. Our services include common area cleaning, gardening and landscaping, minor maintenance, and compliance oversight. We also utilise technology-driven systems for transparent reporting and efficient communication with managers and committees. Organize regular and preventive maintenance. Periodic cleaning and gardening schedule. 24/7, 365 days a year availability for any emergency. Act as a facilitator between strata manager, unit owners or property […]
WHO WE ARE. JB Security Solutions Pty Ltd is a trusted provider of customised Electronic Security Solutions tailored specifically for Strata buildings across Gold Coast and Brisbane, Queensland. We specialise in the supply, installation, and maintenance of high-quality, integrated security systems to protect both residential and commercial strata properties. With over 20 years of industry experience, our team is committed to delivering reliable, scalable, and cost-effective security services that meet the unique needs of property managers, body corporates, and strata committees. Whether it’s a small complex or a multi-building development, we ensure your property is protected with smart, compliant, and […]
Why Responsibility of Utility Infrastructure Matters Intercom systems are one of the most common causes of confusion for strata committees. When they fail, residents expect quick repairs — but responsibility depends on where the fault lies and who benefits from that part of the utility infrastructure system. Knowing the 5 W’s (Who, What, When, Where and Why) helps committees allocate costs correctly, avoid disputes, and keep residents informed. Who Maintains Utility Infrastructure Under the Body Corporate and Community Management Act 1997 (Qld): In an intercom context: For background reading: What Are the Components and Functions of Utility Infrastructure Here’s how […]
Halfway Through Our October Seminar Series — A Strong Start We’ve officially reached the halfway mark of the Smart Strata Community Education Seminar Series, with three highly successful events completed across the Sunshine Coast, Gold Coast, and Mackay. This series, centred on Clarifying Maintenance & Improvement Obligations for common property, lot boundaries, and exclusive use areas, has sparked practical discussions and valuable learning among Queensland’s strata communities. Next up — our Brisbane Maintenance Seminar happening next Wednesday! With around 250 registrations so far and overwhelmingly positive feedback, this has proven to be one of our most popular and engaging seminar […]
Managing a strata property involves balancing shared responsibilities and individual ownership. Committees and strata managers must ensure that buildings remain safe, functional, and compliant—while understanding who is responsible for each area of maintenance and repair. One of the most important aspects of effective strata management is knowing exactly where property boundaries lie. Why Property Boundaries Matter Property boundaries define the limits between private lots and common property. These distinctions determine who is responsible for maintaining or repairing specific areas of the building. Clear understanding prevents disputes, supports timely maintenance, and helps safeguard the property’s long-term value. When issues arise—such as […]
We are JCA Lift Consultants (formally Jim Campbell and Associates) and were formed in 1996. Created to service the need for independence and transparency, we proudly remain independent and impartial offering our engineering, consulting and management services across Australia. Today, our head office is located in Sydney, with branch offices located in Melbourne, Brisbane, Canberra as well as Adelaide, where our team services our clients nationally across Australia. It is our commitment to independence that we are one of the most respected lift consultancies in Australia. We take responsibility for every project, regardless if it’s a one-off project or the […]
When it comes to layered strata schemes in Queensland, decision-making can become more complex than in a standard community titles scheme. That’s because each subsidiary body corporate (SBC) not only manages its own scheme but also participates in the Principal Body Corporate (PBC), which governs shared facilities and expenses across the entire layered community. To make sure decisions are compliant with the Body Corporate and Community Management Act 1997 (BCCM Act), committees must understand the difference between what decisions are within their authority and what requires approval from their owners via a general meeting voting direction. The Role of Subsidiary […]
Following the hugely successful Sunshine Coast and Gold Coast events, the Smart Strata Community Education Seminar Series now heads north — with the Mackay Maintenance Seminar happening next week! This marks the third stop in our statewide series, themed Clarifying Maintenance & Improvement Obligations for common property, lot boundaries, and exclusive use areas. Join us at Rydges Mackay Suites on Wednesday, 15th October 2025 — 4:30pm for a 5:00pm start — for a free, in-person maintenance seminar designed to deliver practical insights, legal clarity, and valuable industry connections. This is your opportunity to hear directly from strata industry experts, ask […]
Extend your lift’s life with less disruption and smarter upgrades Following on from Part 1 How Long Should Your Building’s Lift Last? When a lift begins to show its age, many committees and building owners assume the only option is a full replacement. It’s an understandable reaction as lifts are essential to daily life, and no one wants to compromise on safety or comfort. However, replacement isn’t always necessary (or even the smartest choice). If the lift’s overall structure is still in good condition, modular modernisation can be a faster, less disruptive, and more cost-efficient way to keep your building […]
In our warm, Queensland climate, it is very common for air conditioners to be installed in community titles schemes. Some will have been installed as part of the original building design and construction. Others are “retrofitted” to existing buildings by individual owners as an improvement to their property. Air conditioning equipment can be the source of some dispute and disharmony in a community title context, particularly because the condenser unit, which is often the largest and noisiest part of the system, needs to be located outside the unit or townhouse which it services, and frequently on common property. This article […]
There’s still time to register! The Smart Strata Community Education Seminar Series is in full swing, with the Gold Coast Maintenance Seminar happening next week. This marks the second stop in our statewide program on Clarifying Maintenance & Improvement Obligations – Common property, lot boundaries, and exclusive use areas. Alongside this milestone, we are delighted to announce our 5th expert lawyer panelist: Nigel Hales, Partner at Miller Harris Lawyers. Why Nigel’s contribution is important Questions about who is responsible for repairs, upgrades or improvements are some of the most frequent — and most disputed — issues in strata living. Misunderstandings […]
Serving on a body corporate committee is both rewarding and challenging. With different personalities, competing priorities, and the pressures of decision-making, it’s no surprise that conflict between committee members sometimes arises. While disagreements are natural, unresolved disputes can stall decision-making, strain relationships, and impact the entire community. Importantly, many committees look to their professional strata manager for help—but it’s vital to understand the limits of their role. Why Conflicts Arise Committee disputes often stem from: The Body Corporate and Community Management Act 1997 (Qld) sets out the rules for how bodies corporate are governed, but conflicts often occur when members […]
Encase Consulting is a boutique engineering group committed to delivering high-quality, innovative solutions in the fields of facades, remediation, structures, risk assessment, heritage buildings, and access engineering. With a deep-rooted passion for excellence and a client-focused approach, we provide bespoke services that cater to the unique needs of each project. Facade/Architectural Engineering Remediation FP1.4 F3P1 Weatherproofing Materials Advisory Quality Review and Inspections Asset Improvement Forensic and Risk Engineering Access Consulting Connect with us here or give us a […]
Acknowledging the article prepared by Grace Lawyers (found here: Exclusive Use Areas—Who Really Pays for Maintenance?), this article continues the series by looking more closely at what a specific provision is, and some of the common problem areas that arise. We all know the Body Corporate’s statutory duty to maintain is a strict one. It is not enough to take “reasonable steps.” The Body Corporate must investigate and repair common property when it becomes aware that something is broken, defective, or not operating properly. This obligation can extend to construction defects, even if they were hidden at the time of […]
There’s still time to register! The first stop in our Smart Strata Community Education Seminar Series is almost here, with the Sunshine Coast Maintenance Seminar happening next week. This event marks the first round in our series on Clarifying Maintenance & Improvement Obligations for common property, lot boundaries, and exclusive use areas. Today, we are also introducing our Maintenance Seminars: 4th Expert lawyer. Tackling one of the most debated topics in strata living we are pleased to introduce expert lawyer panelist: Jessica Cannon, Partner at Chambers Russell Lawyers who brings extensive experience and insight to the discussion. Why Our Maintenance […]
Buying a new apartment or townhouse — especially off-the-plan — is exciting. You’re shown glossy brochures, stunning artist impressions and promises of a vibrant lifestyle. But what often gets missed in all the excitement is the fine print in the contract of sale. That’s where the real details of what you’re buying into are laid out, and it’s also where many buyers run into trouble later. This is what we call buyer’s remorse — when the reality of strata living doesn’t match what you thought you were signing up for. Off-the-Plan: More Than Just Your Lot When you purchase off-the-plan, […]
Express Paint Headquartered in the heart of Cairns, for over the past 15 years Express Paint has been servicing clients throughout North and Far North Queensland. Supplying professional painting services for both interiors and exteriors (walls, skirting boards, facades, ceiling, roofs, etc) including floorings (car parking, epoxy coating, protecting coating, concrete paint, etc), we work across a multitude of domains including; Body corporate & multi-unit Industrial & warehouse facilities Commercial Residential Office and retail Schools and healthcare facilities Our team has a wide breadth of experience from small painting touch ups to enterprise level projects. Priding ourselves not just on […]
Maintenance responsibilities in bodies corporate can be complex, especially when exclusive use areas are involved. While the general rule is that the body corporate maintains common property, this obligation can shift when a specific area is granted exclusively to a lot owner. This article explores the legal framework, key adjudicator decisions and practical considerations for bodies corporate when dealing with exclusive use maintenance obligations. The General Position on Common Property Maintenance A common question that arises in bodies corporate is who is required to maintain what parts of the building, utility infrastructure and other areas of the scheme? The general […]
Registrations are now open — secure your seat today. The Smart Strata Community Education Seminar Series returns to Queensland this October with the central theme Clarifying Maintenance & Improvement Obligations for common property, lot boundaries and exclusive use areas. We are pleased to introduce our maintenance seminars: 3rd expert lawyer panelist – Brenton Schoch, Partner at Grace Lawyers. Why our maintenance seminars: 3rd expert lawyer expertise matters Determining who is responsible for repairs, upgrades or improvements remains one of the most frequent sources of dispute in strata communities. Ambiguity around strata maintenance responsibilities, body corporate repairs and common property obligations […]
Pool safety compliance is a responsibility shared by body corporates, building managers, strata managers and residents. Knowing some of the key issues and common risks will help you meet these obligations. Body corporate members and building managers are generally quite vigilant regarding pool safety. As such, pool enclosures in strata complexes are usually well maintained and compliant. Most issues are generally caused by a lack of awareness of pool safety guidelines or accidental damage to the fence or gates. Education is the key and the more people in the process who are aware of the basic requirements as well as […]
There are several reasons why a body corporate might want to dispose of common property within the scheme. For example, a facility may become too costly to maintain, a facility may be put to a better use or the body corporate may wish to sell part of the common property. Ordinarily a resolution without dissent is required to dispose of common property. This can be difficult to obtain, particularly if the only user of the common property facility refuses to let the body corporate dispose of it. Maintenance obligations Whilst the common property exists, the Body Corporate must maintain it: […]
Maintenance Seminars — secure your seat today. The Smart Strata Community Education Seminar Series returns to Queensland this October with a focus on Clarifying Maintenance & Improvement Obligations for common property, lot boundaries and exclusive use areas. We are pleased to introduce our Maintenance Seminars: 2nd Expert Lawyer panelist: Todd Garsden, Partner at Mahoneys Lawyers & Advisors. Why Todd’s Expertise Matters Determining who is responsible for repairs, improvements or upgrades in a strata scheme is one of the most frequent sources of confusion and dispute. Practical legal knowledge reduces ambiguity, prevents unnecessary costs, and protects the reputation and finances of […]
Planning ahead to avoid disruption and protect building value If you’ve ever noticed lift doors that hesitate, rides that feel a little rougher, or residents mentioning slower trips, it might be your building’s way of saying: “It’s time to pay attention.” Like any essential asset, lifts have a lifecycle; and understanding this helps you plan upgrades before problems disrupt daily life. The typical lift lifecycle Typically, a well-maintained lift in Australian residential and commercial buildings will provide dependable service for much of its design life, though factors like usage, environment, and service quality influence how soon wear and tear appears. […]
Direct Pool Supplies – Your Local Pool Experts for Commercial & Residential Needs At Direct Pool Supplies, we specialise in delivering high-quality pool solutions across Queensland, New South Wales, and the ACT. Our dedicated teams service the Gold Coast, Sunshine Coast, and Cairns. Backed by decades of industry expertise, we provide fast, reliable, and tailored service for both commercial facilities and residential clients. Whether you’re managing a resort, hotel, strata complex, school, hospital, council facility, swim school, waterpark, cruise ship, or newly built pool handover, or simply caring for your backyard oasis, our expert technicians and support staff are here […]
For bodies corporate established by the Body Corporate and Community Management Act 1997 (Qld), disputes about repairs, maintenance and improvements are very common. Knowing who is responsible can be confusing because for every rule there is often an exception. This article will broadly outline those rules and exceptions so that bodies corporate, committees and lot owners can answer for themselves: who is responsible for what? The general rule All bodies corporate must have common property and lots. The survey plans for a body corporate will specify the whereabouts of common property and lots. The general rule is that bodies corporate […]
The Smart Strata Community Education Seminar Series returns this October 2025 across Queensland, and we’re pleased to announce our first expert lawyer panelist: Mario Esera, Partner at HWLE Lawyers. A recognised leader in body corporate law, Mario will help strata stakeholders cut through complexity in this maintenance seminars series on Clarifying Maintenance & Improvement Obligations—covering common property, lot boundaries and exclusive use. Maintenance Seminars – Why This Matters Now Questions like “Who is responsible for that repair?”, “Is this an improvement or a repair?”, and “Who pays?” are among the most common—and contentious—in strata communities. Missteps can strain relationships, trigger […]
Maintaining control over physical keys is a vital aspect of building security. A well-organised key register system helps track who has access to specific areas, reduces the risk of lost or stolen keys, and ensures accountability among building users. Implementing modern building access management solutions not only strengthens security but also streamlines day-to-day operations for managers and tenants alike. With growing demand for smarter, more efficient building access control systems, creating a secure and reliable building key register has become a top priority for building owners and developers. Fortunately, with the right steps and tools, building managers can implement a secure, efficient, […]
At Miller Harris Lawyers, we have been proudly serving the North Queensland community since 1990, with offices in Cairns and Mareeba. Our team of more than 25 professionals brings deep expertise across a wide range of legal areas, offering practical, strategic advice tailored to the unique needs of our region. We support both individuals and businesses with services spanning commercial law, property transactions, employment and workplace matters, family law, estate planning, conveyancing, and more. Whether you are navigating complex corporate decisions or planning for your family’s future, we are here to guide you with clarity, confidence, and care. Miller Harris […]
Why Maintenance & Improvement Obligations Matter for Every Strata Stakeholder! Strata living offers a shared, community-focused lifestyle — but it also brings shared responsibilities when it comes to maintenance & improvement obligations. Few issues create more confusion, disputes, and unnecessary costs than determining who is responsible for repairs, upgrades, and improvements to common property, lot boundaries, and exclusive use area. This upcoming Smart Strata Education Seminar Series, proudly partnered with Archers the Strata Professionals, will address these challenges head-on. With registrations now open, strata committees, lot owners, and industry professionals are encouraged to secure their place early. Don’t miss this […]
With the new seller disclosure regime and new REIQ contract in force from 1 August 2025, sellers are having some difficultly in ensuring all the relevant information is supplied, so how do I sell my Strata unit? There are two parts required to enable a signed contract, these are a complete Seller disclosure form and additional disclosures in the REIQ Sale Contract. PART 1: PRIOR TO ENTERING INTO THE SALE CONTRACT TO SELL MY STRATA UNIT Disclosure is the seller’s responsibility and can be guided by their agent, lawyer or a third party; noting that these parties are not ultimately […]
Mulching for Strata properties is a simple yet effective practice that elevates the health, visual appeal, and sustainability of green areas in strata complexes. By applying mulch, strata properties gain long-term advantages that reduce maintenance costs and enhance plant vitality. Spring is the ideal season for mulching to set up for a thriving landscape all year round. Here’s why: Suppresses Weeds for Low Maintenance Gardens Weed control is a persistent challenge in commercial gardens. Applying mulch in spring creates a barrier that prevents weed seeds from germinating, significantly reducing the need for chemical herbicides or labour-intensive hand weeding. This keeps […]
Delta Contractors (Aust) Pty Ltd established 1980. Commercial | Industrial | Residential Services Painting. Maintenance. Building works. Roof restoration. Specialist services. Brisbane Area, QLD 📞 Call us 1300 208 267 📧 info@deltacon.com.au www.deltacon.com.au We are a member of Queensland Master Builders Association, HIA and QBCC.
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The commencement of the Property Law Act 2023 (Qld)(PLA) on 1 August 2025 brings with it a new property law regime in Queensland, including new disclosure requirements for sellers of property. There has been a lot of noise around the requirement for bodies corporate to produce the “body corporate certificate” as part of the disclosure process. This article will explore the changes and clarify some of the more notable aspects of the new regime – particularly as it relates to bodies corporate. Background The PLA replaces the outdated Property Law Act 1974, and establishes new disclosure requirements for vendors of […]
Allure Energy – Electrical, Air Conditioning & Energy Services Allure Energy is a Cairns-based electrical, air conditioning, and energy contractor specialising in reliable, safe, and cost-effective solutions for strata-managed properties. Our qualified team provides a full range of services, including: ⚡ Electrical repairs, upgrades & maintenance ❄️ Air conditioning supply, installation, servicing & repairs 💡 Energy-efficient lighting solutions (common areas, car parks, stairwells, pathways) ⚡ Switchboard, smoke alarm & safety compliance ☀️ Solar system design, installation & servicing 🚨 Emergency and exit lighting installation & testing 🔧 Preventive servicing and system assessments We understand the unique demands of strata properties—shared […]
This guide explains how to prepare a body corporate certificate (the certificate) under the Body Corporate and Community Management Act 1997 (the BCCM Act). The certificate is a legal document that must be provided when an owner sells their lot. It includes financial and administrative details about the lot, the body corporate, and the community titles scheme (CTS). The form requires several attachments, most of which should already be part of your body corporate’s records. It is critical that all information provided is accurate. Getting started These steps will help you complete the certificate. The brackets in each heading indicate […]
Picture this: You’re sitting in yet another body corporate committee meeting, staring at a repair quote that’s made everyone’s jaw drop. The roof that “looked fine” six months ago now needs $50,000 worth of emergency work. Sound familiar? If you’ve been on a committee, you may have already lived this nightmare. That innocent-looking water stain on the ceiling? It’s now structural rot. The façade that just needed a “touch-up”? Full replacement required. We’ve all been there, wondering how a small problem became such an expensive disaster. The truth is, it’s all too easy for Australian body corporates to get stuck […]
The requirement in NSW for body corporate committee volunteers to undergo compulsory education in strata law is a fresh take on the old saying that the road to hell is paved with good intentions. While there is no plan for Queensland to follow NSW in forcing committee members into the strata schoolroom, that won’t stop some from looking south and pondering whether we should follow suit. For many years, bodies corporate have been seen as the fourth tier of government, after federal, state and local. A strata committee has considerable power in the running of a community, with the ability […]
In apartment buildings and townhouse complexes, strata committees make crucial decisions on behalf of all owners. These decisions can range from setting budgets and approving major repairs to handling disputes and enforcing by-laws. Yet, a common and concerning pattern emerges time and again: strata committee members often make decisions without thoroughly reviewing the background information provided to them. This behaviour isn’t necessarily due to apathy or negligence—it often stems from systemic, structural, and human factors. But the consequences can be significant: poor financial outcomes, legal liability, disputes among owners, and tension with service providers. Understanding why this happens—and how the […]
Lithium-ion batteries are widely used to power devices such as electrical scooters, e-bikes and other electric mobility aids. While generally safe when used correctly, these batteries can pose serious fire and safety risks if stored, charged or handled improperly. It is important to know how to safely store and charge these devices and reduce the risk of fires and serious injuries. The Electrical Safety Office (ESO) recommends practical steps for both owners of electric mobility devices and bodies corporate to help minimise electrical safety hazards associated with their use and storage. These steps include: Storage location for e-scooters and e-bikes […]
For over 20 years, KSS Horticulture has been partnering with commercial clients to create and maintain stunning, healthy, and inviting landscapes. Our expertise ensures your property consistently projects an image of professionalism and luxury, leading us to establish ourselves as the premier choice for commercial garden maintenance and horticulture on the Gold Coast. Expert Garden Maintenance: From meticulous pruning and hedging to precise lawn care and weed control, our skilled team ensures your gardens are always pristine. Horticultural Excellence: Our deep understanding of plant health and growth allows us to select and care for flora that thrives in your environment, […]
Azzo Project Services established in 2006, and backed by over three decades of expertise—our Director has been a trusted name in fire protection since 1986—we bring unmatched knowledge and dedication to every project. We specialise in end-to-end passive fire protection solutions, ensuring buildings meet strict safety and compliance standards. Our services include the inspection, installation, and maintenance of passive fire systems such as fire-rated walls, doors, sealants, collars, and fire-stopping materials. We conduct thorough audits and risk assessments, identify non-compliance issues, and provide tailored rectification strategies. Azzo Project Services certification process is backed by expert knowledge, with our director, Mark […]
Next Wave Plumbing Solutions is dedicated to providing high-quality, reliable, and affordable plumbing, drainage and gas services to customers on the Gold Coast. We understand the demands of managing property portfolios, meeting tight schedules and keeping all stakeholders satisfied. That’s why we offer Property Sector Partnerships to deliver fast, reliable and competitively priced plumbing services, without the headaches. Our Property Sector Partnerships include: · Priority access to qualified, licensed and insured plumbers—24/7 · Exclusive rates for property partners · A trusted trade partner that strengthens your client value proposition. As a values-driven, small family business, Next Wave Plumbing Solutions are proud […]
At Commercial Clean Australia, we recognise that when it comes to Strata and Body Corporate cleaning, maintaining a consistent routine is just as crucial as delivering high-quality services. Cleaning Services Strata and body corporate cleaning Medical and health care Office cleaning Sport and recreational cleaning Specialised Services Bathroom and kitchen consumables Sanitary services Carpet cleaning Tile and grout cleaning Vinyl/linoleum floor care Indoor plant hire Pressure cleaning Tenants and residents come to rely on the routine presence of cleaning staff, and any deviation from the expected schedule can be disruptive and frustrating. That’s why Commercial Clean Australia not only guarantee […]
When a body corporate undertakes renovation or repair work, selecting the right building contract is crucial to managing risks, ensuring compliance and protecting the interests of lot owners. Most of the contracts used in residential building projects are standard form contracts, such as those published by Australian Standards (e.g., AS 4000, AS 4902), the Master Builders Association (MBA) and the Housing Industry Association (HIA). While these contracts provide a useful framework, they are not tailored to body corporate projects and often require amendments to properly allocate risk and responsibilities. Why standard form contracts matter Standard form contracts attempt to achieve […]
3 Smart Tips for Choosing the Right Building Management Solution If you’re on the committee of a strata property, you’ve likely felt the pressure of juggling building maintenance, resident requests, compliance records, and contractor coordination—often all at once. With rising tenant expectations, tightening budgets, and increasing regulatory demands, strata managers are under more pressure than ever to improve their compliance while maintaining occupant satisfaction. That’s where building management systems come in. These digital platforms can help streamline communication, keep track of tasks, and improve transparency. But with so many options out there, how do you choose one that actually works […]
The Australian and Queensland Governments are helping improve the resilience of strata title properties in North Queensland against future tropical cyclones. Through the Strata Resilience Program (SRP), grants of up to $150,000 covering 75 per cent of eligible improvement costs, are available per body corporate to undertake resilience works including: To access their share of the $60 million program, strata title properties must be located in a cyclone risk area (within 100 kilometres of the coastline from Rockhampton, north to the Torres Strait and west of the Queensland/Northern Territory border). To be eligible for the SRP, properties must first participate […]
The Australian Government National Emergency Management Agency develop, lead and coordinate Australia’s connected and collaborative approach to emergency management. Our purpose To enable more secure, stronger and resilient communities before, during and after emergencies. Our vision Working through meaningful partnerships, we will build Australia’s capacity for disaster resilience and support our communities when they need it most. You can contact us via: Email: contact@nema.gov.au Post: National Emergency Management Agency GPO Box 133 Canberra City ACT 2601 Visit our […]
New seller disclosure requirements are commencing on 1 August 2025. As part of this change, disclosure of the community management statement (CMS) and the introduction of the body corporate certificate (BCC) will help ensure those buying a lot in a community titles scheme (CTS) are fully informed before their purchase. The heralded improvements will enhance transparency, consistency, and efficiency within Queensland’s community titles sector. The body corporate plays an important role in the new seller disclosure requirements, as it will be required to provide the seller with a BCC when requested. The seller disclosure framework benefits buyers, sellers, and industry […]
Three things for committees to know about management rights assignments: Find out more in our 3.5-minute video below: The most important thing to remember about any management rights agreement is that that it is a contract. That contract is between the body corporate and the manager. It’s inevitable that the manager from time to time will want to sell their business, which will mean that the contract needs to be assigned to a new manager. Why is a body corporate committee involved in a management rights assignment? A body corporate gets involved in the assignment process because it is a […]
Buying and selling checklist updated for New Seller Disclosure Requirements Effective 1 August 2025. Buying or selling a freehold residential or commercial strata property in Queensland involves more than a standard property transaction. Disclosure obligations under the Body Corporate and Community Management Act 1997 (Qld), the Body Corporate and Community Management and Other Legislation Amendment Act 2023 (Qld), and the Property Law Act 2023 (Qld), introduces mandatory seller disclosure obligations the new regime which commences on 1 August 2025. Schemes registered under Building and Group Titles Act 1980 and South Bank Corporation Act 1989 are also included with an […]
Rope Access Technicians is a specialised height access company based on the Gold Coast and operating in Queensland, New South Wales & Victoria. We offer a range of service solutions to meet the needs of our growing client base. These include window cleaning, façade cleaning, pressure cleaning, glass restoration, builders cleans, height safety system design installation & certification and general building maintenance. The common thread running through all our service solutions is expert advice, implemented to the highest standard, delivered on schedule and within budget. Rope Access Technicians professional team of industrial abseilers are here to provide you with the […]
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In part 1, we explained how levies are determined and what they are for. In part 2, we explain interim levies—what they are, how they are determined, and why they sometimes cause fluctuations in periodic levies often confusing lot owners. Understanding interim levies and how they are determined is key to maintaining financial stability for your strata schemes budgeting and finance management. What Are Interim Levies? Interim levies are temporary financial contributions that lot owners must pay to cover body corporate expenses before an official budget is approved at the next annual general meeting (AGM). They ensure the body corporate […]
Everyone can be great, because everyone can serve – Martin Luther King, Jr. Section 181 of the BCCM Act gives a disabled occupier the right to keep an assistance dog they rely on; no approval under the by-laws is required. An assistance dog is one trained to perform identifiable physical tasks and behaviours to assist a person with a disability, to reduce the person’s need for support (Training). An assistance dog can, but does not have to, be certified under the Guide, Hearing and Assistance Dogs Act 2009 (Qld) (GHAD Act). If a claimed assistance dog is not certified, an […]
A recent decision regarding maintenance, that should have sent waves through the strata industry, appears to have fallen on deaf ears. It’s not a ground-breaking decision. In fact, similar decisions pop up regularly. And yet, despite those regular reminders from adjudicators, the vast majority of bodies corporate are doing it wrong. Why? Because it’s one of those occasions where the law seems counterintuitive, at least in a practical sense. In a nutshell, the decision confirmed a body corporate can’t use its funds to paint the entire building – owners are responsible for painting their bits (balconies and exclusive use areas). […]
In the world of strata living, clarity around roles and responsibilities is essential to ensure the efficient running of a scheme and to manage expectations between stakeholders. One area that can often become blurred is the role of the Strata Manager when acting as Secretary under the service agreement. While many strata managers are appointed to perform the duties of secretary for the body corporate, it is important to distinguish between their professional responsibilities and the misconception that they act as a Personal Secretary to individual committee members or owners. What Are the Secretary Duties in a Strata Scheme? Under […]
Xterior Power Clean – Professional Exterior Cleaning Solutions for Body Corporate Properties Servicing the Sunshine Coast, Gold Coast & Brisbane At Xterior Power Clean Company, we specialise in delivering high-quality exterior cleaning services tailored to the unique needs of body corporate properties. From low-rise complexes to large-scale developments, we understand the standards and expectations required to maintain value, safety, and aesthetic appeal across shared and managed spaces. With a strong reputation built on experience, reliability, and exceptional attention to detail, we proudly service properties throughout the Sunshine Coast, Gold Coast, and Brisbane. Our team is fully equipped to manage regular […]
Practical Solutions for Living in Peace with Your Neighbours and how not to start a fight. So, you’ve read Part 1 and thought, “Yep, that sounds exactly like my building.” The good news? While body corporate conflict is common, it’s not inevitable. With the right systems, communication, and mindset, you can keep things civil—or dare we say, even pleasant. Here are some real-world solutions to the classic issues that stir up drama in strata living: 1. When Everyone Thinks They’re Right: Set Clear Rules (and Stick to Them) Disputes thrive in ambiguity. Make sure the by-laws are up to date, […]
The looming threat of Cyclone Alfred transfixed the nation for a few days back in March. After it hit, most of the country moved on, except of course for the Queenslanders directly affected by its damage. I’ve been speaking with a lot of affected owners about their property, the damage and rectification, and many questions lead back to the money – how to best fund their building’s future. As a former body corporate manager now representing Australia’s leading strata finance provider, these conversations mean a lot to me. Queensland’s multi-unit properties create some of the best places to live in […]
What Queensland strata owners and schemes with embedded electricity networks need to know about the Energy Bill Relief. Electricity prices continue to place pressure on household budgets across Queensland. For those living in strata communities—especially in buildings with shared energy infrastructure—the question often asked is: “Am I eligible for energy bill relief?” Thanks to the ongoing Energy Bill Relief Fund, there is good news for both individual lot owners and small businesses, but it’s essential to understand how the scheme works—particularly if your scheme operates an embedded electricity network. What’s on Offer for the 2025–26 Energy Bill Relief? The Australian […]
Major weather events across Queensland in recent years have brought the topic of body corporate insurance into sharper focus. For many owners of a property, or for those who live in a community titles scheme (CTS), knowing who is responsible for insurance can be confusing. So, it’s important to understand the insurance responsibilities of an owner or tenant and that of the body corporate. There are several different types of insurance policies a body corporate must take out to fulfil its legal obligations under the Body Corporate and Community Management Act 1997. The body corporate must take out insurance to cover […]
When maintenance is required on common property—whether it’s repainting the building, repairing the roof, or servicing the pool—the question often arises: Who should get the quotes for the work? The answer lies in understanding the role of the Body Corporate Committee, Strata Manager, and sometimes even the Building Manager (Caretaker). The Basics: Who Organises and Receives the Body Corporate Maintenance Quotes? In Queensland strata schemes: Depending on the nature and urgency of the maintenance, quotes may be obtained by different parties, but they should ultimately be reviewed and considered by the Committee, who will make the decision on which contractor […]
Maintaining a clean and well-kept building is more than just an aesthetic choice—it’s an investment in the longevity, safety, and overall health of your property. Regular cleaning, especially when done with the help of professional services like pressure washing, can have a profound impact on the appearance and functionality of your building. Here are 4 reasons why you should prioritise keeping your building clean. 1. Improves Curb Appeal First impressions matter. Pressure washing your building’s exterior can significantly enhance its curb appeal, making it look newer, fresher, and more attractive. Whether you’re trying to attract new tenants, customers, or simply […]
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At BAW Electrical Services, we’re here to help you power and protect your properties. Whether you’re managing residential apartments, commercial spaces, or investment properties. With over 11 years of industry experience, we deliver high-quality electrical solutions tailored to the needs of strata managers, real estate professionals, and property managers. We work closely with strata committees, property managers, and landlords to maintain safe, compliant, and efficient electrical systems. From routine maintenance and tenant callouts to common area lighting and switchboard inspections, we ensure every job is completed to the highest standard, with minimal disruption to residents and tenants. Proudly servicing the […]
Queensland Treasurer David Janetzki has delivered the first Budget of the new LNP Government that includes funding for the Office of the Commissioner for Body Corporate and Community Management in Queensland. The Commissioners office will receive an additional $4.3 million over four years, with $1.1 million ongoing, to improve information, education, and dispute resolution services. This funding is intended to help deliver faster access to justice for those involved in body corporate matters. The increased funding is partly to manage the additional workload resulting from the Building Units and Group Titles Act 1980 (BUGTA) reforms and aims to speed up the dispute […]
What is an audit? a. whether they provide a true and fair representation of the body corporate’s financial position; and b. any material inconsistencies or errors. Legislative requirement to consider an audit Why should the body corporate undertake an audit? Process a. must be included in the agenda for the general meeting at which the motion is to be considered; and b. must include the name of the auditor proposed to be appointed; and c. would usually follow the Audit Motion but is not voted on (and ruled out of order) if the Audit Motion achieves a special resolution. Who […]
In all strata communities, lot owners jointly share the responsibility of maintaining and managing common property and facilities. This responsibility involves paying body corporate levies, which fund the necessary expenses. Knowing how body corporate levies are calculated helps ensure transparency and gives owners a clear understanding of where their money goes. Here, we break down the key factors that influence levy amounts and explain the process in simple terms. What are Body Corporate Levies? Levies are payments made by all owners to cover the costs of maintaining common areas, insurance, administration, and other shared services. Levies are usually divided into […]
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SPECIALIST SERVICES TO BODY CORPORATE – Queensland Building Matters COMMUNITY TITLE LIVING, COMMERCIAL PROPERTIES Queensland Building Matters offers a unique service to community title property owners to help understand their rights, responsibilities, and entitlements under the provisions of the Queensland Building and Construction Commission Act 1991. Building Matters Queensland not only provides mediation and dispute resolution assistance, but we also: Act as a conduit between the owners/their appointed committees and the builder to deal with concerns relating to building defects. Source specialist consultants for undertaking investigations and providing expert opinion Preparation and submission of Queensland Building and Construction Commission complaints, […]
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Following on from our recent article “Repainting Approval – Colour Changes Explained”, which explored when painting works on a building’s exterior require approval, this Balcony Painting Part 2 article dives deeper into a more nuanced and common question: What are the rules for painting balconies within the boundaries of your lot? The answer depends on where the boundaries of the lot lie – and that comes down to how your body corporate is subdivided under Queensland strata legislation. Understanding Lot Boundaries for Balcony Painting – CMS and Survey Plan Clarity In Queensland, most body corporate properties are either subdivided using […]
Key Insights for Bodies Corporate When engaging contractors for building work — whether it’s painting, roofing, or large-scale remedial works — bodies corporate and their committees are likely to receive payment claims under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 (BIFA). While the BIFA is designed to ensure that contractors and subcontractors are paid promptly for their work, it also places strict obligations on respondents who receive payment claims. If your body corporate receives a payment claim and you do not respond correctly and within the required timeframe, you could expose the body corporate to serious financial risks, […]
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In contemporary community title schemes, it is commonplace for an owner to want to improve their lot through the installation of hard floor coverings, such as timber, marble vinyl planking or tiles. This often is accompanied by concerns from other lot owners that the hard flooring will generate greater noise and detract from the use and enjoyment of common property and another lot, particularly where carpet presently exists. The question which arises is, can bodies corporate regulate hard flooring through the imposition of a preferred acoustic rating? The answer is largely contingent on the substance of the by-laws. The by-laws […]
If you’ve ever been part of a body corporate—whether as an owner, tenant, or committee member—you’ll know that drama is never far away. What should be a simple system for managing shared property often turns into a battlefield of clashing personalities, power struggles, and petty disputes. From disagreements over levies to heated debates about pet policies, it sometimes feels like you could start a fight just by breathing too loudly in a committee meeting. But why is it so easy to find conflict in a body corporate? Let’s break it down. 1. Everyone Thinks They’re Right People take their homes […]
Celebrating the Industry Experts Who Helped Make It All Happen With the successful completion of the April-May 2025 Smart Strata Community Education Seminar Series, we would like to extend a heartfelt thank you to our valued exhibitor partners who supported us throughout the journey. These industry experts played an essential role at each event—sharing their insights, offering practical solutions, and engaging directly with strata stakeholders across Queensland. Their presence added tremendous value to our seminars and contributed to the positive feedback received from more than 400 attendees. Your involvement helped create the collaborative, educational environment that makes our series so […]
In October 2024 in Linali Pty Ltd v Body Corporate for Crown CTS 41282 [2024] QCAT 446, Member Lumb of the Queensland Civil and Administrative Tribunal ordered the Body corporate to pay the Caretaker $311,958 by January 2025 because the Body Corporate improperly terminated a Caretaking Agreement and Letting Agreement. Critical mistakes were made, and key lessons must be learned. It’s essential for bodies corporate to adopt these insights to prevent a similar outcome. Background The Caretaker entered into a Caretaking Agreement and Letting Agreement with the Body corporate by Deed of Assignment made in October 2018. The Body corporate […]
Celebrating Insightful Conversations & Lucky Seminar Prize Winners The April/May 2025 Smart Strata Community Education Seminar Series wrapped up on a high note last week, concluding an incredible statewide journey that sparked meaningful discussions on Committee Membership and By-law Lifecycles and today we are excitedly announcing our Seminar Prize Winners! With engaging panels, expert legal insight, and record attendance, this seminar series empowered strata stakeholders with knowledge to better navigate the complexities of community living. A sincere thank you to everyone who joined us, contributed to the conversations, and made this series such a success! 📖 Missed the recap? Catch […]
In the world of Body Corporate, you will come across many different types of audits. Some of the more commonly known types include: It is critical you know your obligations and understand the legislative requirements when it comes to safety compliance audits. The auditing process is typically undertaken by an unbiased and external contractor/technician/qualified and licensed professional and is aimed at helping the body corporate manage and mitigate risk, by identifying gaps or breaches that can potentially create harm and liability exposure. Sounds worthwhile, right?! An unfortunate biproduct of auditing is concern, fear and anxiety, whereby an audit may be […]
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Conciliation is the first formal step to resolving a dispute and it’s also one of the services offered by the Office of the Commissioner for Body Corporate and Community Management (BCCM). Most people applying to have a dispute resolved through us will need to participate in conciliation before adjudication, which is the second formal step in the dispute process, can occur. Both conciliation and adjudication are only available for those who have previously attempted to resolve the dispute directly with the other party (or parties) named in the application. An application for conciliation and an adjudication must include evidence showing […]
A Memorable Close to the Community Education Seminar Series The Smart Strata Community Education Seminar Series has officially wrapped up for the first half of 2025, culminating in a fantastic final event in Townsville last night, following the engaging sessions on the Gold Coast. Kicking off in Brisbane, the series also visited the Sunshine Coast, Airlie Beach, and Cairns—reaching over 400registrations across Queensland. This series explored Committee Membership and By-law Lifecycles, sparking insightful discussions and empowering strata communities with practical tools for effective governance. A huge thank you to everyone who attended and contributed to the success of this series! […]
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Don’t Miss the Final Two Smart Strata Seminars in Our First 2025 Series The final leg of our Smart Strata Community Education Seminar Series is nearly here! After four successful events across Queensland, we’re wrapping up the series with the final two Smart Strata seminars in Cairns on Wednesday, 28th May and Townsville on Thursday, 29th May. If you haven’t yet had the chance to attend, this is your last opportunity to gain expert insights, connect with industry experts, and stay informed on key topics that matter to all strata stakeholders. These seminars are free to attend and packed with […]
Queensland’s strata communities have recently experienced significant shifts in pet ownership regulations, reflecting a broader societal recognition of pets as integral members of many households. The catalyst for these changes was the landmark “Jo Cooper” decision in New South Wales five years ago, which invalidated blanket bans on pets in strata schemes. This ruling set a precedent that resonated across Australia for pet friendly living in strata communities, prompting legislative reforms in various states, including Queensland. Pet-Friendly Living Legislative Reforms in Queensland In November 2023, the Queensland Parliament passed new legislation aimed at balancing the rights of pet owners with […]
Starcorp Energy are 100% Australian owned and operated, without any overseas parent company. Founded in July 2017, we obtained our Electricity Retail Licence in December 2017, and we’ve been serving the SEQ market for nearly 8 years focusing 100% on Embedded Networks. We provide Utility billing services for Electricity, Hot Water, Cold Water, Gas, Solar, Air Con etc. Our motto, “Big enough, but small enough,” reflects our unique position in the industry. While we hold the same licence as the larger companies, we maintain the flexibility to tailor our services to meet your specific needs. We understand that each Body […]
A Guide for Building Owners & Managers No one ever plans for water damage, but in modern buildings this can happen as a result of a number of different reasons include fire sprinkler activation, stormwater plumbing issues, storm water overflow or severe weather conditions. In some instances, this may cause significant damage to infrastructure, including Elevators and Escalators which our urban cities and towns increasingly rely on. If you are an owner or manager of a building, it is crucial to act swiftly and effectively to ensure the safety and functionality of your building’s Vertical Transport (VT). This guide outlines […]
Smart Strata Seminars: First Half Success We’ve officially reached the halfway point of our Smart Strata Community Education Seminar Series, with three successful events now completed in Brisbane, Sunshine Coast, and Airlie Beach. The Smart Strata seminars first half centered on the core theme of Committee Membership and By-law Lifecycles and have sparked insightful and practical conversations across Queensland’s strata communities. We saw more than 200 attendees registered and the positive feedback is flooding in, this series is proving to be one of our most engaging yet. And with three events still to come, there’s still time to join us […]
As strata managers, we strive to provide timely and effective communication to assist lot owners and committees with their inquiries. However, with a high volume of emails and requests each day, the way information is sought can impact how quickly a response is received. By adapting to structured communication practices, owners and committees can help streamline the process, ensuring faster and more efficient outcomes. The below will explain how to communicate effectively with your Strata Manager. Tips to Get Information Faster – How to communicate effectively 1. Use the Strata Portal or Website FirstBefore sending an email, check if the […]
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In Queensland, body corporate decision-making operates within a structured two-tier system: committee decisions and general meeting decisions. Each tier has its own authority, limitations, and procedural requirements, ensuring proper governance within community title schemes. The decision-making process, essential for managing both residential and commercial properties, is crucial for maintaining a smooth, efficient, and harmonious living or working environment. Whether you’re a unit owner, tenant, or part of the management team, understanding the procedures for making decisions is key to effective property management. What is a Body Corporate? A body corporate is a legal entity that manages the common property of […]
Don’t Miss the Smart Strata Seminar Airlie Beach – 14th May After hugely successful events in Brisbane and on the Sunshine Coast, the Smart Strata Community Education Seminar Series is heading north to Airlie Beach! If you’re a committee member, lot owner, building manager, or strata stakeholder in the Whitsundays, this is your chance to gain practical, up-to-date knowledge on the key issues and insights shaping community living in Queensland strata. Join us at the Coral Sea Resort on Wednesday, 14th May 2025 for a free, in-person seminar focused on Committee Membership and By-law Lifecycles. This is your opportunity to […]
This project, supported by Strata Community Association who are the peak body for the strata industry in Australia and New Zealand, provides a comprehensive picture of the strata industry in Australia and New Zealand. The 2024 report is the fourth instalment of strata insights published by the City Futures Research Centre, following from the first Australian National Strata Data Analysis in 2018 and the 2020 and 2022 reports, which analysed data for the strata industry for Australia and New Zealand. National, state and territory information sheets provide information on the number of strata properties, their value, the demographic characteristics of their residents, and the professionals […]
From mid-2025, the second phase of strata reforms will be rolled out in New South Wales, requiring strata committee members to complete mandatory training. Failure to comply can result in a member ceasing to be on the committee. While Queensland does not currently have mandatory training requirements for body corporate committee members, there has been ongoing discussion within the industry about the potential benefits of implementing similar training standards. Read on for insights into the current QLD framework including optional committee training resources and potential future regulatory changes for our state. Queensland’s Current Strata Committee Framework Committee members play a […]
Join Us for the Sunshine Coast Smart Strata Seminar – Thursday, 8th May Following a successful Brisbane seminar launch, the Smart Strata Community Education Seminar Series is heading to the Sunshine Coast next week. If you’re a committee member, lot owner, building manager, or industry stakeholder, this is your opportunity to access expert guidance on the issues that matter most to strata communities—right in your region. Held at Maroochy RSL on Thursday, 8th May 2025, this free event will explore essential topics under the theme: Committee Membership and By-law Lifecycles. With registrations still open, now is the time to secure […]
Enforcing body corporate by-laws is a crucial part of maintaining harmony in a strata scheme. Whether it’s noise complaints, pet disputes, or parking violations, having a structured approach ensures fairness and compliance. A well-defined by-law enforcement flowchart can help committees and managers navigate the process efficiently while adhering to legal requirements. Understanding the Body Corporate By-Law Enforcement Process The enforcement process follows a structured sequence to ensure due process and compliance with relevant legislation. Here’s a step-by-step breakdown: Step 1: Identify the Breach A potential by-law breach is identified either through complaints from residents, committee members, or the body corporate […]
Don’t Miss the First Smart Strata Seminar Event – Brisbane, 30th April The wait is nearly over—Smart Strata’s highly anticipated Community Education Seminar Series launches next week with its first event in Brisbane. If you are a committee member, lot owner, strata manager, or industry stakeholder, now is the time to secure your seat for the Brisbane seminar and join a conversation that’s shaping the future of strata living across Queensland. Held at the Broncos Leagues Club on Wednesday, 30th April 2025, this free seminar will explore two essential topics: Committee Membership and By-law Lifecycles. With over 90 attendees already […]
Clear and skillful communication can nurture healthy relationships and resolve disputes. A Facebook page can be a useful tool for communication in a body corporate, but it must be carefully managed to avoid misinformation, privacy breaches and disputes. It should not replace official notice processes, and clear guidelines must be established to maintain order. Below, we outline the key pros and cons to help you determine whether a Facebook page is the right tool for communication in your body corporate. Pros of a Facebook page Improved communication and engagement A Facebook page can provide a quick and convenient way to […]
Repainting of a strata building is a reoccurring maintenance requirement that occurs every 8 to 15 years, depending on who you ask and where the building is located. There are many reasons why painting maintenance occurs which you can read about in the many articles that painting service providers have written and saved Here. In this article we will explore the approval requirements for when it’s time to change the colour and also delve into painting balconies that are within the private lot boundaries. Recently, I had a scenario where a scheme was ready to arrange repainting of the building, […]
As we count down to our highly anticipated April/May 2025 Smart Strata Community Education Seminar Series, we are proud to introduce the industry-leading exhibitors who will be showcasing their products and services at each regional event. These expert organisations form a vital part of the educational experience, offering practical solutions, insights, and on-the-ground advice for strata communities. This series seminar exhibitors bring a wealth of experience across key service areas including legal, compliance, technology, maintenance, energy, and finance. Whether you’re a strata committee member, building manager, owner, or stakeholder, you’ll have the opportunity to engage directly with providers who can […]
Living in a community titles scheme can come as a surprise to many new residents. It can take some time to adjust. Perhaps the most striking difference is the proximity to others in your scheme. Life in a body corporate means thinking about how your everyday behaviour might affect other occupants. Behaviour that might seem perfectly normal to you – for example, watching a movie late at night with the volume up high, allowing your dog to roam around the communal garden leash-free, or smoking on your private balcony – might interfere with another resident’s right to the peaceful enjoyment […]
Introducing Jason Carlson – Your Next Expert Speaker The highly anticipated Smart Strata Community Education Seminar Series returns to Queensland this April–May 2025. Continuing our tradition of delivering top-tier education and insights for the strata sector, we are pleased to announce our seminar series 4th expert panelist: Jason Carlson, Partner at Chambers Russell Lawyers. Jason brings over 15 years of leadership and hands-on experience in Queensland’s strata sector. A trusted name in dispute resolution, strategic advisory services, and management rights, Jason will join our seminar series to speak on Committee Membership and By-law Lifecycles. This timely topic will provide committee […]
To arrange a time for your on-site meeting please call our office direct on 0451 293 132. House Washing Heroes – If you’re a seasoned Body Corporate Managers, Property Manager, Facilities Caretaker, you know that getting the external areas of multi-site properties cleaned sounds easy but can cause distractions, stress & issues. The solution is to work with a company who has an experienced Team, the right equipment & a planning process. The process: 1. On-site meeting is booked. Photos are taken including drone footage. A detailed quote is prepared to be forwarded to decision makers. The quote includes all […]
A body corporate commonly creates policies about various practical matters at the scheme. These policies are usually referred to as “House Rules” and are not part of the scheme’s by-laws. Typical topics for these rules include moving in/out, renovation and moving bonds, and use of recreation facilities. If an owner or occupier does not comply with the rules, either deliberately or accidentally, there can be disagreements about what can be done to enforce the House Rules. The By-Laws of a Scheme The by-laws for a scheme are a set of rules through which the body corporate may control and […]
Introducing Our Seminar Series 3rd Expert Panelist – Jarad Maher The highly anticipated Smart Strata Community Education Seminar Series is set to return across Queensland this April–May 2025. As part of our commitment to delivering expert insights and valuable guidance to the strata community, we are excited to introduce our seminar series 3rd expert panelist, Jarad Maher, Partner at Grace Lawyers. Following the recent announcement of our 2nd legal expert which you can read here, we continue to strengthen our panel with industry leaders who bring a wealth of knowledge to the discussion. Jarad is a well-respected specialist in community […]
In March 2025, the Queensland Valuer-General released new land valuations for 14 local government areas (LGAs), including Brisbane. These valuations, effective from June 30, 2025, reflect the property market as of October 1, 2024. Significant increases have been observed across various regions, with some areas experiencing substantial spikes. LGAs Affected by the 2025 Land Valuations Program The 14 LGAs included in the 2025 Valuation Program are: These valuations reflect property market conditions as of October 1, 2024, and will take effect from June 30, 2025. For a detailed breakdown, visit the official Queensland Government website: 2025 Land Valuations. Understanding the […]
DPX Projects as part of The Diverse Group of Companies, specialises in supporting community titles schemes in their building defects, repaint projects, remedial works and capital upgrade projects, delivering project outcomes on time, on budget, and in accordance with industry best practice and legislative requirements. Since 2006, DPX Projects has helped bodies corporate across Queensland navigate these challenges, providing expertise in forensic engineering, remedial design, and project management, as well as lot boundary implications. Our experience shows that clear, evidence-based assessment of maintenance and repair needs and proper boundary delineation is the key to preventing disputes, managing costs, and protecting […]
For Bodies Corporate established by the Body Corporate and Community Management Act 1997, committees can exercise considerable powers. Getting onto committees is relatively straightforward and usually occurs at annual general meetings. Removing people from committees is much more complicated. So, what’s involved? And what can Bodies Corporate do to make the process easier. Term of Office Committee members have a term of office that usually runs for about a year, or the period between one annual general meeting and the next. However, a committee member’s term of office can end sooner if that person: Removing a committee member A committee […]
Introducing Our Second Expert Speaker – Mario Esera The Smart Strata Community Education Seminar Series is set to launch across Queensland this April–May 2025. With preparations in full swing, we are pleased to introduce our second expert panelist, Mario Esera, Partner at HWL Ebsworth Lawyers. Last week we introduced our 1st Lawyer expert which you can read here. As a highly respected figure in body corporate law, Mario brings a wealth of experience in dispute resolution, by-law enforcement, and management rights disputes. He will be sharing his legal expertise on Committee Membership and By-law Lifecycles, helping bodies corporate, committee members, […]
Welcome to Part 3, the final instalment of the Lifecycle of a Committee series. Great news! Almost all the actions taken in Part 2 were successfully resolved, and Sesame Street remains a lovely place filled with sunny days and friendly neighbours. However, there is one exception — Oscar the Grouch is not responding well to the breach notice regarding his trash can being placed on common property without the right of exclusive use. He is pushing back, insisting no one has previously complained and that he joined the committee specifically to address the real issue: people constantly banging on his […]
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By-laws are an integral part of the administration of a body corporate. The purpose of by-laws is to provide the committee with the power to regulate the use of lots, body corporate assets and common property. Under the BCCMA, committees have a statutory obligation to enforce the body corporate’s by-laws. However, by-laws are often forgotten about until they need to be enforced. The problem for bodies corporate is that: It is important to get by-laws right because poorly drafted by-laws can leave the committee in a position where it cannot effectively regulate improper conduct. To assist bodies corporate with this […]
Meet Our First Expert Speaker for the Upcoming Seminar Series The highly anticipated Smart Strata Community Education Seminar Series is set to launch this April–May 2025, bringing valuable insights to strata committee members across Queensland. With preparations in full swing, we are excited to introduce the first expert Panelist in our lineup—Todd Garsden, Partner at Mahoneys Lawyers and Advisors. As an industry leader in body corporate law, Todd will share his expertise on Committee Membership and By-law Lifecycles, offering practical legal insights to help bodies corporate navigate governance, compliance, and dispute resolution. With registrations now open, now is the perfect […]
Welcome to Part 2 of the Lifecycle of a Committee — this time, we’re tackling the importance of by-laws. In Part 1, we explored how a committee is appointed and the responsibilities of each member. Now, in Part 2, we delve into the first major challenge for the newly formed committee at Sesame Street CTS: enforcing its by-laws. Read on to see how Big Bird handles Oscar the Grouch’s garbage encroachment, Elmo’s unexpected pet predicament, and Bert and Ernie’s unauthorised improvements. The Committee – Understanding the rules before taking action Before the committee’s first meeting, Big Bird takes his role […]
A Must-Attend Event for Strata Committee Members All strata committee members and stakeholders now is the time to secure your place at the upcoming Smart Strata education seminars, proudly partnered with Archers the Strata Professionals. Designed to provide essential insights into committee membership and the by-law lifecycle, these seminars are invaluable for anyone involved in strata. With registrations now open, early booking is recommended to ensure you don’t miss out on these highly informative sessions. Understanding Committee Membership and Responsibilities Becoming a committee member is a significant responsibility, and understanding your role is crucial for effective governance. The seminar series […]
Welcome to the first instalment of our series exploring the lifecycle of a committee, from its initial appointment to navigating disputes. In this series, we’ll break down the key stages, responsibilities and challenges committees face — using a light-hearted yet insightful analogy: Sesame Street CTS 123. Registered 56 years ago, this fictional scheme is home to a diverse group of volunteers who dedicate their time to keeping their community running smoothly. Their goal is to ensure sunny days where friendly neighbours can meet every day — but as with any committee, challenges inevitably arise. In this series, we’ll explore the […]
The aftermath of ex-Tropical Cyclone Alfred has left many strata properties across Southeast Queensland vulnerable to mould growth due to excess moisture and water ingress. Mould is a natural part of the environment, but when left unchecked in indoor spaces, it can present serious health risks and structural damage to buildings. Understanding how mould develops, its health implications, and the conditions that promote its spread is essential for managing it effectively. What is Mould? Mould is a type of fungi that thrives in moist, warm environments. It reproduces through microscopic spores that are always present in the air. When these […]
Ex-tropical Cyclone Alfred has left its mark on Southeast Queensland, with strong winds and heavy rainfall causing widespread damage to strata properties. If your building has been affected, knowing the correct steps to take will help ensure a smooth recovery. This guide outlines what to do next, from safety checks to insurance claims, and how Archers the Strata Professionals and MAI Strata can assist you. Ensuring Your Property Is Safe Before returning to your property, consider these essential safety checks: Have You Had Water Ingress or Flooding? Here’s What to Do Next Water ingress and flooding are common issues after […]
Tropical Cyclone Alfred is set to impact Southeast Queensland, bringing strong winds, heavy rainfall, and potential disruptions to infrastructure. In response, all of our Southeast Queensland offices have been temporarily closed, and the Smart Strata and Archers the Strata Professionals Teams are now working remotely to continue supporting our clients. While we will do our utmost to assist, we ask for your patience as emergency services and critical support are prioritised for those in the greatest distress. We remain committed to ensuring the well-being of all strata communities. We encourage you to reach out for assistance, whether for property concerns, […]
1. Preliminary 1.1 At the time of this publication, Cyclone Alfred is expected to have made landfall in South East Queensland. Significant property damage is expected. Essential building infrastructure and services may be compromised and require repairs. 1.2 Lot owners will look to committee members for quick action. Committees will in turn look to strata managers and other advisors for guidance on how to navigate the complicated legislative landscape and administrative procedures to ensure those urgent repairs can be carried out. 1.3 We provide this guidance on the processes, remedies and considerations involved so it may help you help any […]
Strata owners along the Queensland coast are urged to check property and make action plans to ensure safety and prevent additional damages. Now is the time to Plan, Pack and Listen. In Queensland, communities within 50 kilometers of the coastline heading north from Bundaberg are most susceptible to cyclones, however accompanying wind and rain from weakening cyclones can affect communities throughout all parts of Queensland. The Queensland Government has a range of information and advice for preparing for disasters, including how to prepare your emergency plan (updated 28 June 2024) and prepare your home (updated 15 October 2019). A dangerous […]
Three things to know about EV charging in body corporate: Find out more in our 3-minute video below: Electric vehicles in strata are fast becoming a big issue, with more and more people wanting to charge their vehicles on-site. What should a body corporate do? The first thing a body corporate committee needs to do is make sure its by-laws provide that committee approval is needed before anyone installs any form of charger or charges from sockets in their car park or otherwise. The committee needs to act reasonably in making its decision, but there are many questions that arise […]
Do you sometimes feel like you are talking to a brick wall when discussing with your committee, the things they need to do to maintain their building? Have they had report after report prepared but little or no action has been undertaken in repairing the building? In my experience, what really helps is a third party to come and talk to the committee about next steps. You wouldn’t believe how many times I have heard “I’ve been telling them exactly what you said and finally they have listened!”. Finally the committee decides to take action and do the work required […]
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QLD A recent adjudication decision has clarified a seemingly unchartered issue about maintenance responsibility in exclusive use areas – and the outcome may surprise you. Background In the matter of Jefferson Villas [2024] QBCCMCmr 473 (Jefferson Villas), decided on 17 December 2024, the primary issue for determination by Adjudicator Miskinis was whether the body corporate or lot owner was responsible for a waterproofing membrane on a balcony terrace within an exclusive use area. By-law The exclusive use by-law provided: “The proprietor for the time being of each lot in the building shall be entitled to the exclusive use and enjoyment […]
Exterior cleaning has evolved significantly over the years, with traditional methods like manual pressure washing and scaffolding becoming less popular due to their inherent risks and inefficiencies. Enter drone pressure washing and soft washing – innovative techniques that are reshaping the industry and offering safer, more cost-effective solutions. The Evolution of Drone Cleaning: also known as drone pressure washing, combines drone technology with traditional pressure washing methods. This hybrid approach has gained significant traction in recent years, transforming the high-pressure cleaning industry. Businesses like Aerial Apex are at the forefront of this innovation, advocating for its safety and efficiency. Safety […]
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Three things to know about secret ballots: ▶️ Watch the 5-minute explainer video below 🔊 Listen to the audio version below An introduction to secret ballots Secret ballots were introduced in strata meetings in 2003 to protect the identity of voters. Before then, you could ring the body corporate manager either before a resolution or after the meeting and find out which way people had voted.In 2003, specific provisions were introduced that made it compulsory to decide certain decisions by secret ballot. The clearest statutory example is the decision to enter into new management rights agreements or to vary management […]
Flexible braided hoses, commonly known as flexi hoses, are a common feature in modern plumbing systems. They connect water outlets to fixtures such as sinks, taps, and toilets, offering convenience and flexibility. However, while flexi hoses may seem unassuming, they can become ticking time bombs, causing significant property damage if not properly maintained or replaced. Read on for details on the potential risks, responsibilities and preventative measures to consider when affected. The Risks of Flexi Hoses Flexi hoses have a limited lifespan, typically ranging between five and ten years. Over time, these hoses can deteriorate due to factors such as: […]
Rising cost-of-living expenses and an environmentally conscious community have ignited a surge in demand for sustainable and energy-efficient solutions across Queensland. According to the Department of Energy and Climate around 850,000 homes and small businesses are connected to solar energy across the state. Queensland boasts the highest rate of residential rooftop solar installations in the nation. With that number expected to continue to rapidly rise, this article will explore the regulatory framework regarding the installation of solar panels and solar hot water systems (solar infrastructure) in those Queensland bodies corporate that fall under the Building Units and Group Titles Act 1980 (the […]
There was a lot happening in 1965 – the invention of the internet, Kevlar and the cordless telephone, the escalation of the Vietnam War, a fly-by of Mars by NASA’s Mariner 4, the death of Winston Churchill, the birth of Robert Downey Jnr – but, as I am sure you will agree, those things all but pale into insignificance in the face of the momentous enactment of Queensland’s first strata legislation, the Building Units Titles Act 1965. For almost 60 years Queenslanders have been immersed in an evolving world of strata. There are an estimated 5 million people living in […]
Why Committee Knowledge Matters in Queensland Strata Effective committees are the backbone of well-managed strata communities in Queensland. They ensure smooth operations, fair decision-making, and compliance with body corporate regulations. However, many committee members—or those considering joining—may not fully understand their responsibilities. To bridge this knowledge gap, Smart Strata provides a free online course, The Body Corporate Committee in Queensland, designed to educate committee members, aspiring members, and strata stakeholders about their key duties. To encourage participation, we launched the Committee Course Challenge, where 250 participants tested their knowledge through a 20-question multiple-choice quiz. The strong engagement highlighted the growing […]
In recent years the strata insurance industry has witnessed an increase in claims from flooding, hail, bushfires and cyclone events. These events are becoming more frequent due to the impacts of climate change, demanding new strategies and heightened preparedness in the strata market. Building resilience is no longer just an option; it’s a necessity For strata communities, strengthening the resilience of buildings is essential to mitigating the impact of extreme weather events and ensuring that properties can withstand these growing challenges. This involves technological advancements and updates to building codes as well as a renewed focus on regular maintenance and […]
Recently, there was a request for some guidance on a not so common situation. A young scheme, only a year old and with everyone just settling in, the committee received a request to remove the palm trees. As with most new high value developments, the committee were new to body corporate and asked “What is the process in responding to this owner’s request?”. The first place to start is the development approval document [DA] to assess if the local council requirements in relation to the Palm trees are a condition of the DA approval. Another reference document is the Community […]
In Queensland, a developer must provide key documents, such as construction contracts and safety certificates, at the first annual general meeting. These documents are essential for effective property management and maintenance. If a developer fails to comply, the body corporate has several options. This article explores these options and underscores the importance of acting swiftly to preserve the body corporate’s rights and address potential building defects. Developer obligation The regulation modules state that the developer must handover documents in the developer’s possession or control relevant to buildings or improvements, including: First option: request the construction contract The simplest option is […]
Management rights are a common feature of accommodation style and residential community titles schemes. They are a contractual arrangement between the body corporate and a contractor that allows the contractor to provide onsite letting services for owners in the scheme. Management rights are typically sold by the developer during the original owner control period. Under the Body Corporate and Community Management (Accommodation Module) Regulation 2020 (the Accommodation Module), the contracts are binding for up to 25 years. For schemes registered under the Body Corporate and Community Management (Standard Module) Regulation 2020 (the Standard Module) the timeframe is up to 10 years. These contracts usually […]
Management rights businesses are unique to the strata sector. A body corporate is a party to any management rights agreement and therefore plays a role in the transfer of those agreements should the resident manager wish to sell. This guide is for committees who have been asked to, or may soon have to, consider the question of consenting to the assignment of the management rights agreements for their scheme. Download our guide to understand more about: Give yourself the best chance of a smooth transition of management rights for your scheme. Article Contributed by Hynes […]
Last Chance to Win Big: Committee Course Challenge Closes Today! The countdown is on because The Committee Course Challenge officially closes at 5 PM today, Friday, 24th January! Don’t miss your chance to take part in this exciting challenge and then be in the running to win big! Our Community Shines Bright We’re thrilled to share that over 258 challenges have already been successfully completed and as a result showcases the dedication and enthusiasm of our incredible community. This initiative has highlighted the vital role Committees play in building well-oiled and informed Strata schemes. As a thank-you for your commitment, […]
History shows most disputes within community title schemes arise from a lack of communication or knowledge of body corporate legislation. However, they can be resolved by both parties talking through their issues and gaining a better understanding of body corporate legislation and how it relates to their dispute. While conciliation is an avenue to resolving disputes, it can also be a valuable opportunity to inform and educate parties about their roles and responsibilities under the legislation. Disputes about general meeting outcomes are often resolved through adjudication, although conciliation can also be an option. The key vision of the Office of […]
Final Week: Committee Course Challenge – Win Big! 📢 Attention all Committee Members, aspiring leaders, and strata enthusiasts! The Committee Course Challenge is in its final week, and the countdown to the finish line has begun. If you haven’t taken part yet, now is the time! What’s the Challenge? The Committee Course Challenge is designed to educate and empower participants on the essential roles and responsibilities of a Committee. Exceeding 240 successful completions so far, it’s clear that Committees play a vital role in maintaining a well-managed and informed Strata scheme. We’ve made the challenge quick, engaging, and rewarding: ✔ […]
Following years of advocacy, SCA Australasia was advised early this year that following successful consultation with the Australian Bureau of Statistics (ABS) the occupation title of ‘strata manager’ would be introduced for the first time under their occupation’s classifications regime. The Occupation Standard Classification for Australia (OSCA) is now available, and the new strata manager classification can be found here. So, what does that mean in practice? This is a huge win for the strata sector and its ongoing growth and professionalism. Until this change, strata managers were only classified by the ABS as a sub-set of property and real estate managers, not […]
Welcome Back and Happy New Year! As we settle into 2025, adjusting to writing the new date and getting back into the rhythm of the year, the team at Smart Strata is following tradition by reflecting on our most-read updates from 2024. Last year was packed with significant developments—from the release of the Strata Community Association’s ‘Strata Insurance Disclosure Best Practice Guide’ to in-depth discussions on insurance affordability and accountability, led by the Australian Reinsurance Pool Corporation. With no shortage of hot topics, our updates were read an impressive 682,945 times throughout the year! Now, let’s count down our Top […]
Ensuring body corporate levies are paid on time is an important aspect of community living. The payment of levies allows all owners and occupiers to enjoy and use well maintained common property and have money available to pay contractors and insurance. Sufficient levies allows all owners peace of mind that when expenditure by the body corporate is needed, there are enough funds to complete the work without the need to dip into their pockets all the time to top up the funds. This article covers the importance of paying levies, as well as what could happen if lot owners do […]
🚨 Committee Course Challenge – Closing Soon! 🚨 So far, 130 Committee Course Challenges have been completed – a fantastic result! Thank you to everyone who has participated. We’ve designed a quick and engaging multiple-choice quiz following a simple, one-page breakdown of Committee roles and responsibilities. It’s an easy way to test your knowledge and learn more about how Committees contribute to a well-oiled and well-informed Strata scheme. How to Participate: ✅ Sign in to your Smart Strata account✅ Complete the quiz before 5 PM on Friday, 24th January 2025✅ Score 100% and go into the draw to win a […]
Calling All Body Corporate Owners! Committee Course Challenge! Do you know what it takes to run an efficient Body Corporate? Understanding each committee role, responsibilities, and timelines is crucial for success. Why not put your knowledge to the test and win the committee course challenge! Score 100% on our quiz and go into the draw to win a Lenovo M10 Tablet! We’ve created an intriguing multiple-choice quiz, paired with a simple, 1-page guide that breaks down the Committee roles and responsibilities. It’s quick, easy, and packed with valuable insights! Here’s how to participate: Don’t have an account? No problem!Simply Register […]
Introduction In most modern democracies, the progression of the human rights movement over the last 75 years has led to increasing claims that one’s human rights have been violated. In the aftermath of the Second World War, in 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights, outlining an individual’s inalienable rights and freedoms. This declaration formed the cornerstone of the subsequent growth and adoption of binding laws in participating nations, including Australia. In the recent decision of the Queensland Civil and Administrative Tribunal (Tribunal) in Huang v Body Corporate for the Dorchester CTS 10749 [2024] […]
As the Christmas holiday season approaches and we prepare to wrap up another successful year, Smart Strata, alongside our foundation partners Archers the Strata Professionals, Strata Compliance Solutions and MAI Strata, would like to take this opportunity to wish you a Merry Christmas and thank you for your continued support throughout 2024. In our final article for 2024, we provide our year in review including a summary of key topics of focus for the industry we covered. We also provide date saver details for our 2025 seminars and office close dates including online records access and trade services contact options over the holidays. […]
Well, it’s that time of year again – will there be Christmas Cheer or Tears? It is the time of year where we put aside our differences and disputes over dogs barking or the neighbouring apartment smoking. Instead, we take the opportunity to argue about Christmas lights on balconies, parties that run until the early hours of the morning, that same unit taking up all the visitor car parks, and hordes of those visitors taking over the pool area during the day. Whilst obviously the above is an extreme example, it is unfortunate that these types of disputes do regularly […]
In recent years, it has been suggested by some in the industry that caretaking agreements can only be extended (“topped up”) once and never for a term exceeding the maximum allowed in aggregate. While Mahoneys did not consider there to be any merit to the “one-time top-up” myth, there had not previously been an opportunity to obtain a ruling on this issue from an Adjudicator. The Adjudicator’s Order, Atlantis West [2024] QBCCMCmr 340, finally puts any uncertainty to bed – in that the Adjudicator clarified the position that caretaking agreements can be extended any number of times, provided the cumulative […]
Mistake 1: Do Nothing Too often we see the attitude of apartment owners of “I’ve bought into an apartment block and there should be nothing to do insofar as maintenance”. Do owners of houses have the same perception? I think house owners understand they will have to undertake continual maintenance on their house to ensure it stays in good condition. So why do apartment owners, in many cases, have their head in the sand that a unit complex won’t require maintenance? In most cases, it is a lack of education when owners buy into a strata scheme. In many cases, […]
A caretaker or letting agent is commonly granted the right to use part of common property to conduct their duties or provide letting services by ordinary resolution of the Body corporate. This is called an “occupation authority”. Common problems we hear about occupation authority areas include: Granting an occupation authority may be declared invalid if done for purposes not contemplated by the regulation modules. There are also limitations on how that area of common property can be used, rights that are not extinguished by the granting of the occupation authority, and key matters to be addressed at the end of […]
Water ingress is one of the most persistent issues faced by body corporate managers, unit owners, and occupants. Left unaddressed, it can lead to significant damage, costly repair, and long-term maintenance issues that affect both the structural integrity and value of a building. Resolving these issues requires more than a quick fix – it demands a deep understanding of building systems, construction materials, and regulatory standards. In strata buildings, each component and each element has its specific role, interacting with the others like pieces of a puzzle. This article explores the essential areas of knowledge to consider when selecting a […]
Queensland’s booming population has not only resulted in a steady increase in the number of body corporate complexes, but also an increase in demand for body corporate managers and caretaking service contactors. Body corporate managers and caretaking service contractors often assist the body corporate to engage service providers such as pool cleaners, gardeners and tradies as well as obtaining insurance quotes. They may also lawfully receive commissions or benefits from service providers they recommend to a body corporate. However, where ANY benefit is received – be it cash or in-kind – it must, by law, be disclosed to the body […]
Too many times we are called as the last resort to fix building leaks. The building has had numerous contractors from roof plumbers to window washers come to a building to patch a hole or put silicone throughout the building, and still the building continues to leak. It seems like the arcade game of ‘Whack ‘Em All’ – plug one hole here and another springs up over there. Yesterday, I was at a building that had spent $30,000 over the past year trying to find recurring leaks in several locations on one side of the building. The building is 7 […]
Introduction The person chairing a general meeting must declare the result of voting on motions and elections at the general meeting. That includes the number of votes cast for and against motions and on candidates for committee positions. What happens if there was an error, mistake or oversight in the voting process that is discovered after the result has been declared and the meeting has been closed? Most of the time, an error won’t change the result because most general meetings are uncontroversial and the few who attend them simply go through the motions of recording inevitable results. But if […]
The rising cost of living within Queensland has lot owners questioning how far their wallets can stretch. Many of our clients have been calling and asking what is involved with self-management. Bodies corporate are not required under the legislation to engage a body corporate manager to assist with administrative services. Instead, bodies corporate have the ability to self-manage. While this may save the body corporate some money, there are many key factors the body corporate should consider when making this decision. Below, we outline important considerations for bodies corporate contemplating self-management. While this article scratches at the surface of self-management, […]
Conducting regular building valuations for your strata property is extremely important. If you haven’t had a building valuation in the past 3 years, there is a high chance your building is underinsured. Underinsurance has long been identified as an issue for many strata communities. It occurs when the sum insured does not meet the true cost of rebuilding, leaving properties vulnerable in the event of a major claim. Regulation in most states across Australia indicates that building valuations should be conducted every 5 years, however, with the current state of the market, rate of inflation and many other factors affecting […]
Throughout the series, the key topics of By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ) inspired meaningful discussions across all regions. These engaging conversations provided valuable insights for the strata community, empowering attendees with the knowledge to navigate the unique challenges of strata living. Review the final recap from last week [HERE] to catch all the highlights, insights, and memorable moments from each event! Thank you to everyone who joined us, contributed to the discussions, and helped make this series such a success! A big congratulations to our Exhibitor Passport & Feedback Form […]
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WORK IT PROPERTY – RELIABLE COMMON AREA CLEANING & GARDEN MAINTENANCE Work it Property provides regular cleaning and garden maintenance to Owners, Body Corporates and Strata Managers of residential & commercial properties in Brisbane. We specialise in Body Corporate work only and cover the following: GARDENING Mowing, edging, blowing, weed spraying Hedge trimming, tree trimming, lopping and removal including stump grinding We have unlimited height capability and experienced tree climbers Garden clean ups – overgrown and out of control !! Landscaping – large and small CLEANING Interior and exterior cleaning – vacuuming, mopping, glass, bathrooms, lifts, stairwells etc – Regular […]
The Community Education Seminar Series wrapped up on a high note with the final event in Brisbane on Wednesday night, following last week’s engaging sessions in Townsville and Cairns. The series began with successful events on the Gold Coast, Mackay, and the Sunshine Coast. Throughout the series, the key topics of By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ) inspired meaningful discussions across all regions, providing valuable insights for the strata community. Archers the Strata Professionals, in proud partnership with Smart Strata, hold these impactful seminar series twice yearly across all Archers QLD […]
Three things to consider about your body corporate: Watch video: Owner apathy in strata It was Benjamin Franklin who said the two certainties of life are death and taxes. In the strata industry we’ve always added one more: apathy. Those of us inside the industry often talk about owner apathy. We find it extraordinary that general meetings will be adjourned where there might only be 10% of people (or even less!) who choose to participate in the decision-making over what can be a very valuable asset. I’ve had a bit of a revelation. (It just shows that you can continue […]
The legendary spaghetti western The Good, The Bad and the Ugly came out almost 60 years ago, and while the movie is now a relic of old Hollywood, its name lives on in strataland. By-laws fall neatly into each of those three basic categories: good, bad or ugly. Body corporate committees exist under the illusion of choice. Many committee members are happy to assume that because a motion is passed by special resolution that it goes into the scheme by-laws and remains there as the law of their little part of strataland. However, just because a by-law has been adopted […]
The final round of the Community Education Seminars for 2025 is gearing up, with our lawyer expert panelist introduced this week. The final seminar, titled By-Laws: The Good, the Bad, and the Ugly, is scheduled for Brisbane on Wednesday, 6th of November. The second round of series for the year is focused on two critical topics: By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ). In our Southeast Queensland seminar series, our panel of experts explore By-Laws: The Good, the Bad, and the Ugly.They will explore what is a good, a bad and what […]
Members should be aware the Property Law Act 2023, including the new seller disclosure framework, will start on 1 August 2025 and the forms have now been published. The Property Law Regulation 2024, the Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation 2024 and the Proclamation – Property Law Act 2023 are also available. The regulations set out the prescribed information and prescribed certificates for the seller disclosure framework for the sale of land and lots in a community titles scheme. The Property Law Regulation 2024 prescribes various matters to support the operation of the seller disclosure scheme, including the information and certificates which […]
The Australian Reinsurance Pool Corporation Chief Executive introduced as part of the ongoing seminar series, which has now reached its halfway mark. The next two NQ events, “Insurance: Affordability and Accountability,” will take place in Townsville on Wednesday, 30th October, and in Cairns on Thursday, 31st October. This seminar series covers two major topics: “Insurance: Affordability and Accountability” (NQ) and “By-Laws: The Good, the Bad, and the Ugly” (SEQ). In our North Queensland seminar series, our panel of experts will explore Insurance – Affordability and Accountability. They will explore the re-insurance pool touted to assist with making insurance more affordable […]
Grace Lawyers partner introduced with preparations in full swing. We are now nearing the halfway point, with the second SEQ event, By-Laws: The Good, the Bad, and the Ugly set to take place on the Sunshine Coast next Thursday, 24th of October. This seminar series focuses on two key topics: By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ). In our Southeast Queensland seminar series, our panel of experts will explore By-Laws: The Good, the Bad, and the Ugly.They will explore what is a good, a bad and what is a downright ugly by-law. […]
Can a Lot Owner be Imprisoned for Feeding Birds? It seems like it would be a pretty straightforward answer of “No”. However, we recently acted for a Body Corporate that obtained orders in the Magistrates Court of Queensland that in effect, stated if a Lot owner continued to feed the birds at the scheme, he would be subject to imprisonment for a period of three months. So how did we and the Body Corporate get to this stage? In 2018, the Body Corporate obtained orders from an Adjudicator of the Office of the Commissioner for Body Corporate and Community Management […]
Cyclone pool premium pricing will include strata mitigation discounts from next April following feedback obtained during a consultation. “Insurers and the public submitted general statements of support for the proposed introduction of strata mitigation discounts,” the Australian Reinsurance Pool Corporation says in a summary. Requirements for the discounts, which cover areas such as roofing, gutters, and window and door protections, have been refined after feedback suggesting some of the criteria are difficult to interpret. “There is a trade-off in designing the discounts between making sure that any mitigation work completed is done to a standard that meaningfully reduces risk but […]
insuranceNEWS.com.au is a free national online news bulletin specifically for Australasia’s general insurance industry and the wider financial services […]
Australian Reinsurance Pool Corporation Chief Claims Officer introduced with preparations in full swing. We have launched our seminar series with the first NQ event on the re-insurance pool commencing next Thursday afternoon, 17th of October in Mackay! This seminar series, we are featuring two major topics: Insurance: Affordability and Accountability (NQ) and By-Laws: The Good, the Bad, and the Ugly (SEQ). In our North Queensland seminar series, our panel of experts will explore Insurance – Affordability and Accountability. They will explore the re-insurance pool touted to assist with making insurance more affordable and also accountability of the insurers and brokers […]
Body corporate by-laws are an essential element for regulating the use and enjoyment of common areas and lots within strata title complexes. All owners and occupiers are bound to follow their scheme’s by-laws, while a body corporate must enforce them and act reasonably in doing so. Although it’s a two-way street, owners and occupiers in the scheme can also take action. While most dispute applications simply require evidence of attempts at self-resolution, an applicant seeking to enforce the by-laws must comply with the mandatory procedure stipulated in the Body Corporate and Community Management Act 1997 (the Act) before lodging an application with […]
Gold Coast Next Week! There’s still time to register for the Gold Coast Strata Education Seminars happening next week. This marks our first round in the series on By-Laws – The Good, the Bad, and the Ugly. With over 100 attendees already registered, this seminar is crucial for all stakeholders, especially committee members and building managers. It provides practical insights into navigating by-laws and making informed decisions based on the latest, accurate information. Staying informed through events like these is crucial for understanding legislation and implementing best practices within your communities. These community education seminars are invaluable for staying up […]
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A few years ago, we asked the question: Can all Bodies Corporate in Queensland ban Airbnb? The question was asked in response to the District Court decision in Redman v The Proprietors – Fairway Island GTP 107328 [2020] QDC 68. Based on that decision, we considered that Bodies Corporate in Queensland could ban short-term letting, provided it was restricted to a period of less than one month. The article we wrote back then stirred a lot of debate online, particularly amongst professionals and industry bodies that advocate for short-term holiday letting within Bodies Corporate. So what (if anything) has changed […]
HWL Ebsworth Lawyers Partner introduced with preparations in full swing, we are launching our upcoming seminar series this October–November 2024, featuring two major topics: By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ). In our Southeast Queensland seminar series, our panel of experts will explore what is a good, a bad and what is a downright ugly by-law. They will explain why and what you can do to make your by-laws not only compliant with existing and new laws for pets and parking, but also how you can effectively communicate and seek community observance. […]
September 12, 2024 In Queensland, Section 94(2) of the Body Corporate and Community Management Act 1997 (Act) imposes a mandatory obligation on a body corporate to act reasonably in performing its general functions and obligations under the Act. This obligation applies to any decision the body corporate makes or chooses not to make. The concept of reasonableness has proven to be problematic for bodies corporate in the application of the obligation in its daily decision-making and more often than not results in adjudication proceedings in a wide variety of body corporate matters. If an adjudicator is satisfied that a body […]
Community education seminars – grace lawyers partner introduced with preparations in full swing, we are launching our upcoming seminar series this October–November 2024, featuring two major topics: By-Laws: The Good, the Bad, and the Ugly (SEQ) and Insurance: Affordability and Accountability (NQ). In our Southeast Queensland seminar series, our panel of experts will explore what is a good, a bad and what is a downright ugly by-law. They will explain why and what you can do to make your by-laws not only compliant with existing and new laws for pets and parking, but also how you can effectively communicate and […]
We are hitting the ground running with our upcoming seminar series on By-Laws – The Good, the Bad and the Ugly (SEQ) and Insurance – Affordability and Accountability (NQ). Showcasing this October – November 2024! In our North Queensland seminar series, our panel of experts will explore the re-insurance pool touted to assist with making insurance more affordable and also accountability of the insurers and brokers entrusted to provide the best value insurance cover terms for strata clients. They will explain the current status of the re-insurance pool and how to best utilise the options. They will also detail what […]
Strata Community Association (SCA) is proud to officially release its ‘Strata Insurance Disclosure Best Practice Guide’, which sets out necessary and critical changes to how SCA members disclose strata insurance practices. The intent of the new best practice guide and the supporting collateral is to: The main components of best practice strata insurance disclosure have been summarised into three steps: Consumer Resources Click the images below to read SCA’s Strata Insurance Disclosure Consumer Resources SCA Member Fact Sheet Click the image below to read the SCA Member Fact Sheet: Disclosure Best Practice Guide Visit the link to find the SCA […]
By-laws and insurance seminars – registrations open! The Smart Strata education seminars are on the horizon once again, so now is the time to secure your seat as registrations are now open! The face-to-face format of our seminars allows attendees to engage directly with expert speakers, the Archers the Strata Professionals team and to connect with suppliers and ask questions, fostering a collaborative learning environment and enabling participants to address specific issues relevant to their strata communities. By offering a platform for learning, networking, and sharing insights, these seminars contribute significantly to the ongoing education and development of strata committees […]
Never spend your money before you have it – Thomas Jefferson For most bodies corporate there are two spending limits. Committee spending limit (CSL) A committee can authorise spending up to $200 by the number of lots in the scheme, unless a different amount has been set by ordinary resolution at general meeting. For example, if there are twenty lots in the scheme the limit is $4,000, unless that is changed at general meeting. Where spending is above that limit, it can be authorised at general meeting. Major spending limit (MSL) The major spending limit is the lesser of: 1. […]
What Are Network Charges? Network charges are a component of your electricity bill, covering the costs of maintaining and operating the electricity grid. They are separate from wholesale costs and retail margins and are typically less than half of your overall bill. Each year, electricity distributors submit pricing proposals to the Australian Energy Regulator (AER), detailing the network tariffs they plan to charge. These tariffs help recover the costs of delivering electricity to homes and businesses. Changes to Network Charges For the 2024-25 period, the AER has approved new pricing proposals, leading to an increase in network charges. This rise […]
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Members may recall that last year significant changes were made to the Property Law Act which included changes to the Seller Disclosure regime. Since this occurred, a Property Law Working Group was established (SCAQ is represented on this group) and we are working to develop the form of the seller disclosure certificate and the fees associated with it’s production. This process obviously takes time as there are many stakeholders to be engaged. On 16 August 2024, the Property Law (Postponement) Regulation 2024 was made. The Regulation can be accessed here. The Regulation postpones the automatic commencement of the Property Law […]
Three things to know about neighbouring developments: ▶️ Watch the 3-minute explainer video below 🔊 Listen to the audio version below Dealing with adjoining developments and disturbance When a developer proposes to build next door to a strata scheme, the body corporate needs to take care when considering any impacts that could flow from the development. Because what you’re going to have is disturbance. It is not uncommon for the owner of an adjoining construction site to need something from a body corporate as their development progresses. That might simply be access to swing a crane over a building, or […]
If you are fortunate, you may never need to make an insurance claim at your strata property. Unfortunately, with severe weather events increasing, this scenario is the exception. In the unfortunate event of needing to make a claim, Strata insurance provides peace of mind, and having the right coverage is essential. When it comes to the claims process, it’s not as simple as making a call and expecting immediate payment. Documenting claim details and capturing photographic evidence, especially for large claims, at the outset will help ensure a smooth claims process. Claims can often be delayed due to missing information, […]
For Bodies Corporate established by the Body Corporate and Community Management Act 1997, there are various rules and regulations that govern who can be a Committee member. Generally, Committee members will be lot owners or persons nominated by lot owners. But what happens if a lot owner, convicted of an indictable offence, wants to become a Committee member? The answer may surprise you. Committee eligibility Generally, Committee members will be lot owners or persons nominated by lot owners. Some people are ineligible to be voting Committee members. These people will usually fall into one of the following categories: Missing from […]
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Recently, I was asked to assist a small (six lot), self-managed strata scheme that had been operating for the past 45 years. Initially I was invited to the Annual General Meeting (AGM) and was provided with: the AGM notice; a one-page document with a series of bullet point discussion notes; and an income and expenses table. After some preliminary discussions with the committee, it became evident that regulatory compliance was significantly lacking. Aside from the vast procedural irregularities, two significant issues stood out: the scheme was underinsured; and no attempt had been made to determine the repair and maintenance requirements […]
Background “President” is a 50-year-old building in Surfers Paradise comprised of 34 lots over 14 levels. In June 2023, the Gold Coast City Council and the Queensland Fire and Emergency Service issued numerous enforcement notices concerning the serious structural problems with the building and on the basis that there was a risk to the life and safety of its occupants in the event of a fire. Those notices were issued after many different building consultants had reported on the defects in the building. In early 2023, one of those consultants reported that the building is extremely unsafe for both occupiers […]
How to write an owner’s motion The Queensland Body Corporate Commissioner has great resources on how to write an owners motion, designed to assist owners with some key aspects to manage expectations. They must be actionable, legal, concise and provide an explanation of up to 300 words as to why the owner has requested the body corporate committee to vote on the request. Submission of an owner’s motions A member of the body corporate (not an occupier) can be submitted to the secretary. On a rolling 12-month period each owner is limited to 6 owners motions, which can be decided […]
INTRODUCTION We’re in the midst of the 2024 Summer Olympics where elite athletes of all kinds and from all places gather to perform superhuman feats that leave us mere mortals wondering how they do it, what it takes, and why? So, whilst watching my favourite sports I wondered what kind of Olympian a strata manager would make, what events they’d compete in, and how they’d go. Strata managers, often operating behind the scenes, are the backbone of multi owned residential and commercial strata communities. Their roles, though less glamorous than those of Olympic athletes, require a similar level of dedication, […]
In this article we provide insights into key electricity market observations of last month’s Base Future pricing and delve into the Economist latest report which marks the beginning of the “Dawn of Solar” which has caught experts of guard by this rapid growth. Key Electricity Market Observations This Month We will be monitoring both the short term and the long-term forecast for our customers and clients. Solar Power’s Unstoppable Rise The Economist’s latest report marks the beginning of what it calls the “Dawn of the Solar Age,” highlighting the rapid ascent of solar power as nuclear energy stagnates. By the mid-2030s, solar […]
The adjudication decision of Hatlowe Heights [2024] QBCCMCmr 6 (Hatlowe Heights) gives rise to an interesting conundrum in the context of body corporate decision-making. Facts At the annual general meeting held on 1 December 2022 (AGM), the Body Corporate committee submitted a motion to enter into a new caretaking and letting agreement (Management Agreement) with the caretaking service contractor for the scheme (Caretaker). The Management Agreement was prepared by the Body Corporate’s solicitors, and negotiated between the Caretaker and committee following the expiration of prior caretaking and letting agreements due to the Caretaker’s apparent failure to take up the next […]
I am excited to announce that our office has launched our online training modules with a new look on a new platform. The new look is designed to enhance your learning experience to help you understand body corporate legislation and complete tests to evaluate your knowledge. The online training modules include: This course has been designed for committee members of community titles schemes in Queensland. However, anyone who has in interest in bodies corporate can complete the course. This new platform will allow us to create new content and review and update our current content more easily so watch out […]
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Virtually all strata buildings have by laws or rules that bind strata owners and other people who have a property interest in strata lots like renters, financiers, etc. Whether the by laws or rules are just the standard or default set, they are completely customised, or they’re a hybrid of standard and extras, they are registered on the common property title [and have to be to have legal effect]. But, why aren’t the by laws or rules also registered on the strata lot titles generally and specifically where the strata lot is specially affected? We do that for other property […]
Three things to know about recovering costs: ▶️ Watch the 3-minute explainer video below Levies are to benefit everyone Recovering costs from lot owners that are not usual body corporate levies requires careful consideration. When a lot owner pays a body corporate levy, the money should be used towards purposes that are common for everyone – not just to individual lot owners. It’s not uncommon for bodies corporate to arrange bulk supplies of services to both the common property and individual owners at the same time. The body corporate funds should be used to pay for the services […]
The Value of a Strata Manager A competent strata manager brings professionalism, expertise, and peace of mind to the management of strata properties. They ensure that the property is well-administered, financially sound, and compliant. By guiding the committee to manage the day-to-day administration decisions and guiding them through complex challenges, they allow owners and residents to enjoy their homes without the stress and hassle of administrative and compliance tasks. In essence, strata managers are the backbone of successful strata communities, fostering harmony, safeguarding investments, and enhancing the quality of life for all residents. Here’s a detailed look at what a […]
At times, committee members and other representatives of the body corporate may be exposed to voluminous, frequent, offensive or inflammatory correspondence from lot owners or occupiers within the community titles scheme. Adjudicators have recognised that: It is unfair on other lot owners and occupiers to have the resources of the body corporate exhausted by the lengthy and repetitive communications of a single lot owner. So, what can be done by bodies corporate to restrict nuisance correspondence issued by lot owners and occupiers? Section 167 of the Body Corporate and Community Management Act 1997 (Act) creates an obligation on an occupier to ensure […]
In May 2024 the Body Corporate and Community Management Act 1997 (BCCMA) was amended to introduce a new way for a scheme to be terminated based on economic reasons. This article discusses further changes to the BCCMA that specifically addresses occupiers who are not owners. Termination of a scheme In May 2024 the BCCMA introduced a new way for a scheme to be terminated where: The new method of termination was introduced on the basis that, in some cases, lot owners may be facing the prospect of having to pay very high contributions to meet the body corporate’s statutory obligation […]
Introduction The rise in popularity of light electric vehicles (LEVs) like e-scooters and e-bikes has led to an increase in fires caused by rechargeable lithium-ion batteries in Australia. These batteries store large amounts of energy, making them volatile and prone to explosive failures, toxic fumes, and secondary ignitions. Understanding how to safely charge these and other devices is crucial for maintaining safety in your strata community. Types of LEVs Utilizing Lithium-Ion Batteries Lithium-ion batteries power various LEVs, including: Other Portable Devices Lithium-ion batteries are also common in many other portable devices: Safety Concerns with Lithium-Ion Batteries Lithium-ion batteries have become […]
Disputes over access to utility services in community titles schemes commonly arise, leading to uncertainty and tensions between those involved. But, there are ways to resolve the issue. Example A summary of one recent example we were involved in is: Legislative Powers Section 163 of the Body Corporate and Community Management Act (Qld) 1997 (BCCMA) grants power to a Body corporate to enter lots for prescribed purposes. Those purposes are: However, in the recent example, those powers were unlikely to apply as the purpose of the entry differed from that outlined in this section. Section 316 of the BCCMA grants […]
As you would be aware, the Queensland Government is providing a $1000 Cost of Living Rebate (CoLR) to eligible households and a $325 rebate to eligible small businesses in 2024-25, including those in privately owned embedded networks. These rebates are to be automatically credited as a one-off lump sum payment to eligible customer accounts from July 2024. The Commonwealth Government is also providing additional support in 2024-25 with a $300 rebate for eligible households and a $325 rebate for eligible small businesses. For embedded network customers, these rebates will also be automatically credited as a one-off lump sum payment to […]
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Introduction The issue of electrical vehicles in strata has already become a significant issue, as bodies corporate attempt to balance the rights of individuals, with the rights of the community as a whole, in a rapid and ever-changing technological space. Many committees and bodies corporate are raising concerns about the increasing uptake and use of electric vehicles. The issues stem from the need to charge and store the vehicles’ lithium-ion batteries within scheme land. It is necessary to consider the future trend towards wider ownership of this type of vehicle by occupants of schemes generally, as this will shape the […]
Committee decisions need to be made on a regular basis to administer the body corporate and its common property. The way in which decisions are made should reflect the priority of the matter to be considered. Factors of urgency and cost are the most common areas of determining the most appropriate method to make the decision. In this article, we explain the different ways in which committee decisions can be made and also bust a few myths on how some decisions purported to be valid, are in fact not. Formal committee decisions can be made in two different ways. Either […]
It is common for homeowners and investors to want to improve the use and value of their lot by renovating their property. However, before you take steps to renovate your lot in a community title scheme it is crucial that you consider the points below. A failure to do so could result in additional costs, delays and disputes. In some cases, the owner can be required to return a lot, at their cost, to its original condition. What do the by-laws say? Firstly – you should review the by-laws which exist for your scheme. The by-laws are ordinarily found in […]
Despite the oft-repeated rhetoric that strata title is the fourth tier of government, let’s not kid ourselves about the seriousness and/or fairness of governance in the strata sector so as to make ourselves feel better and more important. Instead, let’s focus on what strata stakeholders actually need. Introduction If you’ve read much about strata title buildings over the last 20 years you’ll have, undoubtedly come across the idea that strata title represents a new and subsidiary form of governance often referred to as the ‘fourth tier of government’. It’s an attractive platitude that elevates strata title building management and is […]
The purpose of your building’s exterior protective coating system is to protect its internal structure from the harsh elements, making it one of the most important aspects to maintain. All exterior building surfaces naturally deteriorate over time but with regular maintenance and strategic repairs, you can add years to the life of your building, preventing costly repair bills, improving your buildings value and aesthetic appearance, minimising health & safety risks and keeping residents & guests happy. Being proactive and vigilant is key so in this edition of AccessPro Solutions newsletter, we are going to provide some answers to your what, […]
One of the general functions of a body corporate is to administer the common property and body corporate assets for the benefit of owners of lots in the scheme. This includes maintaining common property and, in some circumstances, taking out insurance policies. The funds to finance insurance or maintenance are from owner contributions. But who is authorised to access a body corporate bank account and spend the funds? This article will address these questions and more. Which regulation module applies? It depends on which regulation module your scheme falls under. In Queensland, there is an Act, but there are also […]
If you always do what you’ve always done, you’ll always get what you’ve always got. This article leads on from my earlier article on Making your Scheme Competitive to Insurers and the idea I present today stems from a discussion I had with a developer client in WA. They have a $100+ million building in northern WA that went through a Category 5 cyclone. When I asked about the extent of the damage, he said ‘all we lost was the front doors and a few shade cloths. The insurance premium for this property was in the order of $1 million a year!… […]
Minister for Fire and Disaster Recovery and Minister for Corrective Services The Honourable Nikki Boyd Demolition is now underway on the first community title scheme to have achieved voluntary home buy-back as part of the $741 million Resilient Homes Fund (RHF), jointly funded by the Australian and Queensland Governments. The unit complex in Mill Street, Goodna, was significantly impacted by flooding in February 2022, and at high risk of future flooding. All 20 homeowners of the unit complex accepted offers under the Voluntary Home Buy-Back program last year, with settlement reached in October 2023. The RHF, a jointly funded initiative […]
29th May saw the last of our Community Education Series events, finishing off in Brisbane, today we are providing a wrap up on the entire series and announcing the events lucky prize winners! Throughout the series, we focused on the crucial areas of the new Legislation Changes – Pets, Parking, Smoking and Scheme Termination, our wrap ups provide an insight into the key changes and what each region thinks about the changes. Read on for more detail on the topics discussed and audience views. Our star guest speakers shone through the events and were well received by all in attendance. […]
Did you know that for every $1 invested in preventative maintenance, property owners can save up to $4 in reduced energy costs? According to a study conducted by the Queensland Government Energy Efficiency department, proactive maintenance offers significant cost-saving benefits for strata properties. At Delta Temp Climate Solutions, we understand the pivotal role that air conditioning systems play in ensuring comfort and efficiency within strata properties. As we transition from the summer heat to cooler months, it’s essential for body corporate managers and property owners to reflect on the performance of their HVAC systems and invest in proactive maintenance to […]
This week saw us through the final half of our Community Education Seminar Series, with the final round held in Brisbane after the Townsville and Cairns event which were held last week. Focusing on the crucial areas of the new Legislation Changes – Pets, Parking, Smoking and Scheme Termination, our wrap up provides an insight into the key changes and what each region thinks about the changes. Like the previous seminars, the presentations were well received by all in attendance. With Mario Esera from HWL Ebsworth Lawyers and Todd Garsden of Mahoneys Lawyers and Advisors and opening at our third […]
Default Market Offer 2024-2025 It’s that time of year again, and we’re gearing up for changes in electricity pricing. The Australian Energy Regulator (AER) has just released its final determination for the 2024–25 Default Market Offer (DMO 6). The DMO caps the price retailers can charge household and small business customers on standard retail plans in South Australia, New South Wales, and Southeast Queensland. Effective from July 1st, 2024, QLD residential prices are up approximately 4% and small business prices are up 1%. This news comes at the same time as the Queensland and Australian governments have announced Cost of […]
Everyone loves a simple solution to a problem. That is what has been delivered for smoking in community titles schemes.[1] It’s now deemed to be a nuisance for an occupier to regularly expose someone else to smoke, and a body corporate can now make a by-law banning smoking on all the common property and an outdoor area of a lot. Queensland’s strata market is about to be flooded with precedent by-laws to ban smoking. But a “one-size-fits-all” solution may not be appropriate for every scheme. Think carefully before suggesting or adopting them. You may develop buyer’s remorse in a few […]
There is still time to register to attend the Brisbane Strata Education Seminars taking place next week which is our final event in this series of Community Education Seminars on Legislation Changes – Pets, Parking, Smoking and Scheme Termination. A wrap up and results from the final three events with be in next week’s update so watch this space! So far there are over 80 attendees already registered in Brisbane to hear what the new legislation changes means in reality for all stakeholders and how to navigate the upcoming changes. If you are a committee member or building manager, this […]
Community living requires a body corporate to make formal decisions to ensure the smooth day-to-day running of the complex. However, it is not always clear whether a body corporate decision should be made by the committee or by owners at a general meeting. There is a common misconception that if a by-law or a provision of the legislation refers to a body corporate decision, a general meeting vote of the owners is automatically required. However, many of these decisions can simply be made by the committee – the body corporate’s elected representatives. This article clarifies the committee’s integral role as a body […]
This week saw us halfway through our Community Education Seminar Series, with the third round held on the Gold Coast after the Sunshine Coast event was held last week and Airlie Beach the week prior. Focusing on the crucial areas of the new Legislation Changes – Pets, Parking, Smoking and Scheme Termination, our wrap up provides an insight into what each region thinks about the changes. There are still 3 more event to run in the series with Townsville & Cairns next week! You can register here. Read on for more detail on the topics discussed, audience views and how […]
Whilst there was a substantial lead-in time for interested persons to assess the impact and effect of the amendments to the Body Corporate and Community Management Act 1997 (Act) from their passage through parliament in November 2023 to their commencement on 1 May 2024, the same can’t be said about the changes to the various BCCM regulation modules effected by the Body Corporate and Community Management Legislation Amendment Regulation 2024 (Amending Regulation). Whilst the Amending Regulation was the subject of interested stakeholder group consultation in the early part of 2024, the final version of the Amending Regulation was only publicly […]
Three things to know about pet approvals: Amended pet approval decision timings are very pro-pet A body corporate has 21 days to respond to a pet application Failure to respond is a deemed ‘yes’ Further updates to strata pet regulations in Queensland The ink is barely dry on the new legislation governing strata in Queensland and regulations governing pets have already been further refined, in favour of pets. Where previously a body corporate committee had 6 weeks to respond to an application for a pet to be kept in a lot, the prescribed period for a committee to consider a […]
There is still time to register to attend the Gold Coast Strata Education Seminars taking place next week which is our third round in this series of Community Education Seminars. With over 100 attendees already registered to hear what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. Community Education Seminars like these are invaluable for staying informed and up to date on changes […]
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The changes impact: termination of schemes smoking animal by-laws & approvals of animals towing of vehicles alternative insurance arrangements by-law enforcement and access to records in community titles schemes that are in layered arrangements codes of conduct for body corporate managers and caretaking service contractors administrative processes A general overview of the reforms including links to available resources can be found on our webpage. Termination of schemes due to economic reasons Basic community titles schemes where the body corporate has agreed there are economic reasons for termination which meet defined thresholds will be able to be terminated with the support […]
With legislation commencing on the day of our first seminar, our panel of experts will discuss the key Legislation Changes – Pets, Parking, Smoking and Scheme Termination. With over 130 attendees already registered to hear what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. There is still time to register to attend the Sunshine Coast Strata Education Seminar taking place next week which […]
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The person responsible for utility infrastructure – whether it be an air-conditioning unit, electricity wires and cables, smoke alarms, plumbing or stormwater drainage – is one of the most common questions that arise in a community titles scheme. In order to answer this question, it is first necessary to consider who owns the infrastructure – which is determined by whether the utility infrastructure constitutes common property. If the infrastructure is common property, it is owned by the body corporate. The Body Corporate and Community Management Act 1997 (Qld) (BCCMA) provides that utility infrastructure is common property, unless it is: (a) […]
It’s that time of year again. On 26th March 2024 the Valuer General issued new values for 20 local municipalities in QLD (see below). You should receive these in the mail or by email depending on your choice of service. Banana Barcoo Bulloo Bundaberg Central Highlands Cook Diamantina Fraser Coast Gold Coast Goondiwindi Isaac Livingstone Longreach Moreton Bay Redland Somerset Sunshine Coast Torres Whitsunday Winton The Land Valuation Overview Reports for each area can be accessed here https://www.qld.gov.au/environment/land/title/valuation/annual/explained Even if there is no change in the valuation it does not indicate that the value is correct. Some areas might not be […]
There is still time to register to attend the Airlie Beach Strata Education Seminars taking place next week which is our first round in this series of Community Education Seminars. Community education seminars like these are invaluable for staying informed and up to date on changes in legislation and best practices. With over 60 attendees already registered and an impressive presenter line-up to discuss Legislation Changes – Pets, Parking, Smoking and Scheme Termination. With legislation commencing on the day of our first seminar, Wednesday 1st of May, our panel of experts will discuss the key changes and what this means […]
Back in November 2023, we wrote about the passing of the Body Corporate and Community Management Act 2023 (Amending Act), which you can read about here. The Amending Act makes certain changes to the Body Corporate and Community Management Act 1997 (BCCM Act), and recent public focus has been around the amendments to towing, smoking, pets, layered arrangements and scheme termination. However, less seems to have been made about another amendment which, on face value, would seem to carry some quite serious implications about motion lobbying in community titles schemes. What is changing? The Amending Act inserts a new clause […]
With legislation imminent, our panel of experts will discuss the key changes and what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. This week we are eager to announce our fifth expert Lawyer panellist who will speak at our upcoming education seminars we are hosting across Queensland. Future legal requirements for bodies corporate to implement legislation, compliance requirements, operational adjustments and navigating the […]
By-laws are an integral part of the administration of a body corporate. The purpose of by-laws is to provide the committee with the power to regulate the use of lots, body corporate assets and common property. Committees have a statutory obligation to enforce the body corporate’s by-laws. However, by-laws are often forgotten about until they need to be enforced. The problem for bodies corporate with that is: There are a myriad of legislative requirements for a by-law to be valid (and if it is not valid it cannot be enforced); The laws that govern by-laws change from time to time […]
With legislation imminent, our panel of experts will discuss the key changes and what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. This week we are eager to announce our fourth expert Lawyer panellist who will speak at our upcoming education seminars we are hosting across Queensland. Future legal requirements for bodies corporate to implement legislation, compliance requirements, operational adjustments and navigating the […]
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We are all too familiar with the smell of freshly painted walls especially when we are painting the interior of a property. This causes a lot of debate and uncertainty when it comes to deciding on planning your next painting project and can force an extra expense such as a holiday to remove yourself from the property at the time of painting. However, there are ways you can help to get rid of the new paint smells. The odour of fresh paint comes from the evaporation of solvents in the paint; the smell will disappear once the paint is dry […]
With legislation imminent, our panel of experts will discuss the key changes and what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. This week we are eager to announce our third expert Lawyer panellist who will speak at our upcoming education seminars we are hosting across Queensland. Future legal requirements for bodies corporate to implement legislation, compliance requirements, operational adjustments and navigating the […]
There’s always a lot of hype in the build-up to legislative change, even when the changes proposed have been in the pipework for more than a decade and some of them, like pets and smoking, aren’t changing at all – they are just restating what adjudicators have been telling us for years. Legislative change in this sector moves at a glacial pace. The only good thing about that is bodies corporate have ample time to prepare themselves for change. For almost 27 years, bodies corporate have been stuck with a dispute resolution system that simply doesn’t work when it comes […]
With legislation imminent, our panel of experts will discuss the key changes and what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. This week we are eager to announce our second expert Lawyer panellist who will speak at our upcoming education seminars we are hosting across Queensland. Future legal requirements for bodies corporate to implement legislation, compliance requirements, operational adjustments and navigating the […]
Three takeaways: Arguing over spending limitations may not be worth the grief it brings Communication with the Body Corporate is key A relationship of trust with a Body Corporate Committee will solve many problems ▶️ Watch the 2.5-minute video below 🔊 Listen to audio version Hills to die on in management rights We often talk about the ‘hills to die on’ in management rights. And while that’s obviously colloquial, sometimes in management rights relationships there are times when you have to take a stand — and there are other times when you should roll over because it’s not worth the grief. […]
The Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (the Bill) is set to take effect from 01 May 2024. History The Bill was introduced into the Queensland Parliament on 24 August 2023, and subsequently received Royal Assent on 14 November 2023. There are several noteworthy changes that will reshape the operations of bodies corporate across Queensland. The Governor-in-Council met on the 21 March 2024 to consider the proclamation of the Bill. This proclamation fixed the commencement for the provisions outlined within the Bill for 01 May 2024. Amendments On the 1 May 2024, reforms to the BCCM […]
Over the last few years, vaping has become increasing popular, especially amongst young people. Federal Parliament is currently looking at laws that may ban disposable and non-therapeutic vapes. But is there anything Bodies Corporate can do now to ban vaping? Smoking versus Vaping In 2021, the Commissioner’s Office looked at the issue of cigarette smoking within Bodies Corporate in the highly publicised decision in Artique [2021] QBCCMCmr 596. But the smoke produced by cigarettes is not the same as the vapour produced by vapes. So, can the findings in the Artique decision be applied equally to vapes? Fortunately, in August […]
With legislation imminent, our panel of experts will discuss the key changes and what this means in reality for all stakeholders including how to navigate the upcoming changes. If you are a committee member or building manager, this topic is essential to your role so you can get up to speed with the correct information to make informed decisions. This week we are eager to announce our first expert Lawyer panellist who will speak at our upcoming education seminars we are hosting across Queensland. Future legal requirements for bodies corporate to implement legislation, compliance requirements, operational adjustments and navigating the […]
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The Smart Strata community education seminars are fast on the horizon once again, and now is the time to secure your comfortable seats as registrations are now open! The face-to-face format of our seminars allows attendees to engage directly with expert speakers, connect with suppliers and ask questions, fostering a collaborative learning environment and enabling participants to address specific issues relevant to their strata communities. By offering a platform for learning, networking, and sharing insights, these seminars contribute significantly to the ongoing education and development of strata committees and residents alike. The commitment to hosting these events twice a year […]
INTRODUCTION I’ve been thinking and writing critically about various strata myths, platitudes, and negativity to question accepted strata norms, thinking and behaviours recently. Particularly, about whether or not they hold up to scrutiny, and if they should be debunked. Links to a few of my other articles on these topics are at the end of this article. I’ve also made a 2024 NYE resolution to adopt an anti-negativity or a positive [but considered] approach to strata title matters and information to counter the typical doomsaying, scaremongering, and ‘no can do’ mentality that commonly exists. So, today, I’m considering a long-running […]
INTRODUCTION Committees and building managers often grapple with the challenges of balancing painting costs with the need to uphold the presentability and safety of their property. Not only do you have to meet the expectations of stakeholders, or comply with regulatory boards, but you also need to ensure the ultimate experience for the people that occupy your property – all while sticking to your bottom line. Unfortunately, understanding the cost of commercial painting projects can be challenging when different quotes have vastly different prices, or when requirements vary so greatly from one property or project to the next. That’s why it’s […]
Parliament introduced a vaccine into the Body Corporate and Community Management Act (Qld) 1997 to protect committee members from civil liability including defamation. But, these protections are limited, and committee members must act cautiously to avoid exposure to potentially expensive legal action. General protection Section 101A gives committee members general protection from civil liability. This section does not extend to protect a committee member from criminal liability and is conditional on committee members acting in good faith and without negligence. In St Minivers [2017] QBCCMCmr 352, Adjudicator Rosemann stated: “…a liability claim against individual committee members would need to establish […]
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INTRODUCTION For a long time, Queensland strata laws did not specifically address keeping pets in strata buildings as there was no standard by laws and no legal sections covering them. Instead, if strata buildings made by laws restricting or banning pets or refused approval to keep a pet, those by laws and decisions could be challenged on the basis that they were oppressive or unreasonable under section 188(7) of the Body Corporate and Community Management Act 1997. And, there’s been plenty of disputes and, as a result, Tribunal and Court decisions on those matters. I wrote about that in the […]
When a new community title scheme is established, the developer has an obligation – to both the body corporate and the caretaker – to ensure the caretaking agreement is appropriate for the scheme. It is not uncommon for bodies corporate and caretakers to have issues with the caretaking agreements and remuneration in new schemes, and we regularly act for bodies corporate where: the schedule of duties is not appropriate or tailored to the needs of the scheme (we have seen agreements which refer to pools and lifts when the scheme had neither!); there is a divergence between the extent of […]
Introduction: Living in a strata-titled property has become increasingly common in urban environments, providing a sense of community along with shared responsibilities. However, the utopian vision of harmonious communal living is often disrupted by disputes that can arise among strata residents. These disputes, ranging from seemingly trivial matters to complex legal battles, are rooted in a variety of factors that reflect the challenges of shared living spaces. Differing Perspectives and Expectations: One of the primary reasons for disputes within strata communities is the diverse range of perspectives and expectations among residents. Each individual brings a unique background, lifestyle, and set […]
If you are like me, you would have noticed the recent clamp down on body corporate insurance claims – especially claims relating to damage caused by defects in the building that allow water to leak into habitable areas. It seems that body corporate insurers are taking a dim view on bodies corporate that are unable to demonstrate a culture of pro-active maintenance of their waterproofing systems. If the body corporate has a history of water leaking into apartments and multiple claims lodged for water damage repairs – coupled with no evidence of routine maintenance on waterproofing systems – the insurer […]
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Rooftop solar is installed on approximately 2.8 million roofs in Australia. This totals about 18 GWs of solar; similar to the total coal plant generation capacity in the National Electricity Market (NEM). Despite this, the UNSW estimate we have used only 10% of the total potential rooftop solar capacity of 179 GW. The 179 GW is enough solar to supply all of our current electricity usage. As we build more strata communities, the potential roof space available in strata grows and represents a great opportunity for communities to install solar. Solar in Strata represents a great opportunity for strata communities […]
In the realm of sustainable living, Electric Vehicle (EV) readiness within strata buildings stands as more than just a regulatory necessity. It’s a pivotal stride towards fostering a greener future. Building on our previous exploration of EV readiness, we delve further into practical steps and guidance, empowering strata communities to adopt EV charging seamlessly. Step 1: Educating the Community on EV Benefits The initial phase of EV readiness revolves around enlightening the community about EV benefits. This includes spreading knowledge on environmental advantages and cost efficiency through forums and workshops, thereby nurturing a collective drive towards eco-friendly mobility. Step 2: […]
Introduction Strata communities are realising the importance of adapting to support sustainable living, and a significant part of this shift involves Electric Vehicles (EVs). In this two-part series, we’ll guide strata community members through the process of making strata buildings EV-ready. New Regulations for EV Charging in Strata As of October 2023, the National Construction Code in Australia mandates EV charging access in all newly constructed strata buildings. For new builds, this is relatively straightforward, but retrofitting existing buildings is more complex. It involves careful planning, not only for installing charging points but also for ensuring that the electrical infrastructure, […]
Much has changed since our previous article that thrust the impacts of construction on apartment ventilation systems into the spotlight. Who would have known a global pandemic was just around the corner. Temperatures around Australia would hit record highs. Queensland’s property market would accelerate at rapid pace with interstate buyers flocking to the sunshine state in droves to ‘make home’ or invest in our dynamic apartment-living lifestyle. Pictured: Construction and the pandemic continue to have a direct impact on apartment ventilation systems Some Bodies Corporate continue to debate it is the Owners responsibility to maintain the Exhaust Ventilation System. Cleaning the buildings exhaust ventilation system must be prioritised by the Body […]
A big thank you to the 117 subscribers who took the time out of your busy schedules to complete the Committee Course Challenge. It was great to see so many participants eager to learn the purpose of a Body Corporate Committee in Queensland, how the Committee is elected and how they function. If you would still like to participate in The Body Corporate Committee in Queensland course, you can do so by clicking HERE. We have made this course completely free and is a great resource if you are a Committee Member already, wanting to be on the Committee or […]
On Tuesday 14 November 2023, the Queensland Government passed new body corporate laws. The new laws will commence on a date yet to be announced, which is likely to be in early 2024. Three things to know about new strata laws regarding pets: The new legislation is extremely pet-friendly Existing ‘no-pets’ by-laws are confirmed as invalid, along with restrictions on pet size and number Bodies corporate can impose ‘reasonable’ restrictions on pet ownership ▶️ Watch the 2-minute explainer video below 🔊 Listen to audio version 📁 Download fact sheet Pets in Strata The issue of pets in strata has been discussed at length, […]
Who pays the excess on an insurance claim is an issue that our adjudicators are often called upon to determine. We will try and clear up the confusion surrounding who is liable for the excess on insurance claims by examining past orders of our adjudicators. It is important to keep in mind that the orders referred to in this article are intended as guidelines only, and not precedents. Each matter before an adjudicator is determined by its own unique set of circumstances. We will also explore whether a large excess on an insurance claim can create an “unreasonable burden” on […]
or, what can strata citizens expect this year … A Quick Read I don’t have a crystal ball. But, as a strata thinker and commentator, I think I can make some predictions about the trends that will impact Australian strata title experiences over 2024. So, here are my 10 predictions, which I’ll revisit at the end of the year. INTRODUCTION As another year begins in strata land, many Australian strata citizens are wondering what it will be like. Will it be the same, better, or worse than 2023 and in what ways? So, even though I don’t have a crystal […]
Clean and well-maintained ventilation systems play a vital role in ensuring a healthy and comfortable living environment for residents and guests. Regular maintenance improves indoor air quality and prevents potential issues such as fire and health risks, poor airflow, unpleasant odours, overheating, and, in some cases mould growth. Let’s explore some ways in which the Body Corporate can effectively maintain ventilation systems in apartment buildings and promote a clean and fresh atmosphere for residents and guests. Stay Informed: Stay up to date with Government regulations and guidelines related to the servicing of ventilation systems. Compliance with standards ensures the safety […]
COMMITTEE COURSE CHALLGENGE CLOSING TODAY, 26TH JANUARY 2024! Together, we’ve successfully surpassed the completion of over 100 Committee Course Challenges! We’ve put assembled a quick, intriguing multiple-choice quiz that comes after an easy-to-follow, 1-page breakdown of the Committee roles and responsibilities. To get started, just sign into your Smart Strata account and complete your course by 5 pm today! No account? No problem! Simply Register Here and you’re in for the challenge. Achieve a perfect score and you might just be the one to unlock a treasure trove of Google Device Products! Our community is the heart of what we do, and we are thrilled […]
The festive season can signal a quieter time of the year for the long-term rental market, it is the start of a very busy period for holiday and short-term letting. It’s important to know that someone managing a property on behalf of others, through sites like Airbnb or Stayz, requires a licence to do so. The popularity of these short-term letting platforms has risen considerably in recent times and while originally conceived as a way for owners to let out a spare room or granny flat, the concept is now popular with owners of investment properties. Read on for details […]
The popularity of short-term accommodation platforms has revolutionised the way property owners rent their lots, providing an abundance of choices for both owners and holidaymakers. However, the convenience these platforms offer can sometimes lead to challenges for body corporate residents. This article aims to shed light on the current landscape and regulatory framework, specifically under the Body Corporate and Community Management Act 1997 (the Act), regarding short-term letting in community titles schemes. Additionally, it outlines practical avenues for bodies corporate to effectively manage disruptive behaviours associated with short-term visitors. Restricting short-term letting One of the most common questions asked is whether a […]
COMMITTEE COURSE CHALLGENGE CLOSING DATE 5PM FRIDAY 26TH JANUARY 2024 Together, we’ve successfully surpassed the completion of over 80 Committee Course Challenges! We’ve put assembled a quick, intriguing multiple-choice quiz that comes after an easy-to-follow, 1-page breakdown of the Committee roles and responsibilities. To get started, just sign into your Smart Strata account and complete your course by 5 pm on Friday, 26th January 2024. No account? No problem! Simply Register Here and you’re in for the challenge. Achieve a perfect score and you might just be the one to unlock a treasure trove of Google Device Products! Our community is the heart […]
Social Plumbing & Gas Pty Ltd is a trusted name in Body Corporate plumbing, with the directors having over 40 years collective experience in the domestic and commercial plumbing industry. We understand the intricacies of Bodies Corporate and are committed to finding solutions to all body corporate plumbing issues including but not limited to Drainage, Leak Detection, Burst Pipes, Backflow Prevention, Gas Fitting, Water Meters, and Hot Water Systems. Since our founding in 2020, Social Plumbing & Gas has been known for quality services, exceptional efficiency and the highest level of professionalism. No matter what service you’re looking for, we […]
Welcome back and Happy New Year to all our readers. While I’m sure we are all still adjusting to writing 2024 and getting into the swing of the New Year the team here at Smart Strata wanted to follow tradition and take the time to highlight our top-read updates from 2023. There is no denying it was a big year, from changes to the Body Corporate and Community Management Act 1997 (BCCMA) to EV charging risk and mitigation and all the complexities that topical subject is beginning to pose in our schemes, we were not short of topics for discussions. […]
Over 50 Committee Course Challenges have been completed so far which is a great result and we thank-you for taking the time to participate. We’ve put together a quick, intriguing multiple-choice quiz that comes after an easy-to-follow, 1-page breakdown of the Committee roles and responsibilities. To get started, just sign into your Smart Strata account and complete your course by 5 pm on Friday, 26th January 2024. No account? No problem! Simply Register Here and you’re in for the challenge. Score 100% and go into the draw to win a bonanza of Google Device Products! The results are demonstrating the important role Committees play in contributing […]
Well, 2023 was certainly a year of extremes and it is no surprise that it came to a close with a Tropical cyclone in Cairns, severe thunderstorms, declared a tornado, on the Gold Coast as a Christmas present and severe thunderstorms which threatened to dampen New Years Eve celebrations on the Sunshine Coast. The Queensland government has released specific grants relating to the Cairns and Gold Coast events. Queenslanders impacted by Jasper and the Christmas day fiasco in the affected areas, can apply for grants for; hardship experienced for loss of essentials, loss attributed to being without electricity or gas […]
SafeAir Industrial Services offer professional and affordable duct cleaning services and specialise in exhaust ventilation systems for resorts, hotels and apartment buildings to over 230 clients throughout Southeast Queensland. When was the last time your buildings ventilation systems were checked and deep-cleaned to an approved standard? Out of sight – out of mind! Build-up within the system can pose potential fire and health risks to residents and guests. Systems should be inspected regularly and any build-up removed that has accumulated over time. Deep cleaning the exhaust ventilation duct systems in apartment bathroom, ensuite, toilet and laundry areas will go a long […]
Energy Regulator Announces New Review on Exemptions Framework For Embedded Networks The AER have announced another review of the exemption’s framework of the legislation for embedded networks. The reviewing was initiated on the 30th of November 2023 and is expected to be finished early 2025. We are seeing the strata industry shift towards the retail model which is far simpler and removes compliance and debt obligations from body corporate committees. The retail model is expected to be compliant with any potential future legislation change. It is likely that the announced review will accelerate this shift. The objectives of the review […]
As Christmas draws closer and business begins to wrap up for 2023 Smart Strata and our foundation partners Archers the Strata Professionals, Strata Compliance Solutions and Marsh Advantage Insurance, wanted to take this opportunity to say a Merry Christmas and thank you for all your support this year. We started 2023, like many businesses around us ready to hit the ground running after a turbulent few years. Reflecting on all that this year was, however, we are beyond proud of what we have achieved and how we have grown. Within 2023, Smart Strata held 12 seminars throughout Queensland that saw just under 1000 Owners […]
This is a call out to all Body Corporate Owners. Do you know what it takes to run an efficient Body Corporate? Understanding each role, responsibility and timing in your committee is crucial. Why not put your knowledge to the test? Score 100% and go into the draw to win a bonanza of Google Device Products! We’ve put together a quick, intriguing multiple-choice quiz that comes after an easy-to-follow, 1-page breakdown of the Committee roles and responsibilities. To get started, just sign into your Smart Strata account and complete your course by 5 pm on Friday, 26th January 2024📆. No […]
Home, strata and small business insurance premiums in northern Australia remained much more expensive in 2022–23 compared to the rest of Australia, the ACCC’s second annual insurance monitoring report has revealed. In the report, released today, the ACCC observes that it is yet to see any significant widespread price effects from the government’s cyclone reinsurance pool in 2022–23, given insurers only began joining the pool at the start of 2023, and most that have joined did so on or after July 2023. “We continue to hear about the financial pressures that consumers, strata owners and small businesses in northern Australia face to obtain […]
Under the new laws, a body corporate wanting to tow a car will no longer require an order from the Commissioner’s Office before they tow. But the devil is in the detail. Find out what’s new regarding parking and towing in strata schemes, and how to ensure you don’t get caught out doing the wrong thing. Our update includes: 3-minute explainer video Audio version Text version Downloadable fact sheet The towing of cars in strata has been an issue for decades because there is no self-help remedy in relation to by-law enforcement. Out with the old: Commissioner’s Office order To […]
Well, it’s that time of year again – will there be Christmas Cheer or Tears? It is the time of year where we put aside our differences and disputes over dogs barking or the neighbouring apartment smoking. Instead, we take the opportunity to argue about Christmas lights on balconies, parties that run until the early hours of the morning, that same unit taking up all the visitor car parks, and hordes of those visitors taking over the pool area during the day. Whilst obviously the above is an extreme example, it is unfortunate that these types of disputes do regularly […]
Strata owners along the Queensland coast are urged to check property and make action plans to ensure safety and prevent additional damages. Now is the time to Plan, Pack and Listen. Check your disaster management plan Check your insurance excess and coverage Carry out a pre-cyclone building inspection to ensure the scheme is safe and free of debris Secure any loose items in common areas and balconies/patios In Queensland, communities within 50 kilometers of the coastline heading north from Bundaberg are most susceptible to cyclones, however accompanying wind and rain from weakening cyclones can affect communities throughout all parts of […]
Living and working in strata often involves many parties exchanging correspondence and publishing documents such as meeting agendas or minutes. Unfortunately, at times such correspondence or publications may raise issues concerning allegations about the conduct, character or reputation (amongst others) of certain persons. In these circumstances, such publications may potentially be considered defamatory in nature and expose the publisher to liability. This article aims to provide a high-level overview of defamation in Queensland and how to deal with potential defamatory material, including whether such material was published about you or you are asked to publish such material that may be […]
Everything you need to know about energy efficient windows With rising energy prices, unpredictable weather patterns and growing environmental awareness, making the switch to energy efficient windows can be a simple yet highly effective way to improve the efficiency and sustainability of your home or building. And for buildings with a high ratio of glass, the impact can be significant: up to 87% of a building’s heat is gained through its windows[1], so making a change to smarter, greener window options can lead to considerable savings. But how exactly do energy efficient windows work? Let’s unpack everything you need to […]
The Valuer-General has announced that new land valuations will be issued by the 31st March 2024 for: these areas in South East Queensland: Gold Coast, Moreton Bay, Redlands, Somerset and Sunshine Coast; and these areas in regional Queensland: Banana, Barcoo, Bulloo, Bundaberg, Central Highlands, Cook, Diamantina, Fraser Coast, Goondiwindi, Isaac, Livingstone, Longreach, Torres, Whitsunday and Winton. For most body corporate managers, a fairly ordinary blue and white document issued by the Department of Natural Resources and Mines will appear in mail boxes across Queensland for each scheme they manage. This document will have a real effect on the wallets of […]
Welcome to Guardian Pool Safety Inspections, a local business servicing the greater Brisbane, Moreton Bay, Logan and Redland Council areas. Guardian Pool Safety Inspections offers friendly practical advice, professional service and competitive pricing for your peace of mind. Our inspector, Cameron, is a veteran of pool safety inspections having started when the new pool safety laws were introduced in December 2010 and has since completed more than 5000 inspections. He has inspected pool barriers right across the property spectrum from suburban rentals to semi-rural acreages to high-rise apartment buildings to multi-million-dollar riverfront properties. Cameron has seen just about every pool […]
Have you ever wondered what the process is for applying to resolve disputes with the Office of the Commissioner for Body Corporate and Community Management? In this video, OMB Solicitors Partner, Juliette Nairn, discusses the body corporate industry and the processes within the body corporate Commissioner’s Office. In the event that you require further information, please do not hesitate to reach out to our team on (07) 5555 0000. Article Contributed by Juliette Nairn, Partner – OMB […]
or, what’s really going on at strata meetings … Even though strata buildings are full of good, smart and well-intentioned people, they don’t always make great decisions. And sometimes strata buildings delay important decisions or, worse still, actually make really bad decisions. Why is that and what dynamics create those kinds of counter initiative outcomes? The many potential reasons for the phenomenon should be studied by experts. Introduction Strata buildings are full of smart and good people. After all, they’ve managed to work, earn and save money, get loans, sign contracts and manage household expenses well enough to become and […]
Scheme termination, pets, smoking and more… Limits on developers invoking sunset clauses will better protect Queensland buyers New laws will also crackdown on smokers while making it easier for residents to keep pets New body corporate laws and protections for ‘off the plan’ buyers have passed in Queensland Parliament. Previously, if a contract included a sunset clause, developers could terminate a sales contract for an ‘off the plan’ land purchase if it was not settled within a stated time-period. The new laws limit when property developers can invoke these clauses to help enhance buyer confidence and protections. Once the amendments […]
Remedial Building Services – Your path to an agile, transparent and forward-thinking approach that’s tailored to meet your specific building repair needs. Established in 1969, Remedial Building Services Australia Pty Ltd (Remedial) is recognised as one of the largest private companies in the building remediation industry. Operating across NSW, Queensland, Victoria and the ACT, we have the scale and agility to deliver projects varying in size and budget. Commercial and residential façade upgrades; Façade maintenance and refurbishment; ACP / CFC cladding / re-cladding projects; Heritage restoration and conservation works; Waterproofing replacement and rectification; Structural remediation of concrete, steel and timber; […]
AER Wholesale Market Quarterly Report “Wholesale energy prices and demand fall in July to September period”, that is the theme from the latest AER Wholesale Market Quarterly Report. Some key findings “Rooftop solar in September was 41% higher than last September, reducing demand from the grid.” “lower demand was largely due to warmer than average temperatures.” “National Electricity Market (NEM) prices were under $100 per MWh in most regions, and less than half Q3 2022 prices.” Market Report Key electricity market observations for this month There has been some reasonable recent falls in the wholesale electricity markets of in the […]
Schoolies week is now officially underway so residents in strata buildings in the many QLD tourist hotspots have seen an influx of teenagers celebrating the end of their high school years. Air BnB properties located in the party zone that provide a teen budget friendly price point and no traditional Schoolies rules most apartment buildings adopt are also bound to see an influx. If your building will be effected by the annual pilgrimage, read on for our tips on how to best prepare. Fortunately, the fallout from any inappropriate and disturbing behaviour will be short lived as the schoolies will […]
Last week saw the final stop of our Community Education Seminars, finishing up at the Broncos Leagues Club in Brisbane. Like the previous Southeast Queensland seminars, the presentation was received well by all in attendance. Wayne Hewitt – Archers the Strata Professionals, Seth Atkinson – Terawatt, Ben Humphreys – HumEnergy and Frank Higginson – Hynes Legal, all took to the stage to deliver a clean and concise message focused on EV Risk Mitigation and Solar – is it worth it? We were thrilled to have an incredible panel of presenters and a wide range of exhibitor partners which delivered high […]
Ready or not, storm season is upon us, and it is imperative that residents prepare their properties for unexpected winds, hail, and flash flooding. Unit owners face unique considerations when it comes to storm preparedness and insurance claims, so understanding their body’s corporate responsibilities will help stop potential damages and unnecessary repair costs to their property and common areas. Every year costs are escalating significantly to repair homes that have been damaged in severe storms but thankfully there are a range of precautions residents can take to eliminate potential hazards and ensure a safer environment for all. To help minimise […]
Living in a strata community offers numerous benefits, such as shared amenities, cost-effective maintenance, and a readymade community of neighbours. Life in a Strata community it not always sunshine and rainbows as it also presents unique challenges that can disrupt harmony among occupants. Most purchasers or renters coming into a strata community for the first time are not aware of their responsibilities and how to conduct themselves in this type of community living. Fostering a sense of community is vital for harmonious living in strata communities. Read on for top tips when residing in a strata community. Be aware Review […]
The warmer weather at the start of spring can trigger increased termite activity in properties run by bodies corporate. Therefore, bodies corporate need to keep on top of inspections and treatments, as preventing infestations can save thousands of dollars. Who is responsible for maintenance at my body corporate property? Pest management in a complex can be both the responsibility of the owners and bodies corporate. Sometimes it can be difficult to determine who is responsible for what. An important first step is to find out which plan of subdivision your body corporate has been registered under. Bodies corporate in Queensland […]
There is still time to register to attend the Brisbane Strata Education Seminars taking place next week which is our final round in this series of Community Education Seminars. With over 60 attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Safety and Solar – Is it worth it? In this seminar series our panel of strata experts will explore: Electric Vehicle Safety – What are the risks and how can they be mitigated? EV safety has emerged as a concern for committees charged with exploring future infrastructure requirements for their communities adopting EV’s. The […]
Australian 3G network: Australian 3G mobile network is shutting down. With the carriers announcing shutdown of the 3G mobile network, it is time to start planning your migration roll out now. Although the carriers each have a different schedule for the closure, the end game is the same. The reported but unconfirmed dates for the major carriers are: Vodafone December 2023 – https://www.vodafone.com.au/support/network/3g-closure Telstra June 2024 – https://www.telstra.com.au/business-enterprise/support/3g-service-closure Optus September 2024 – https://www.optus.com.au/support/mobiles-tablets-wearables/important-changes-3g So, what is 3G? The 3G mobile network is the third generation of global telecommunications networks. Every 10 years or so a new generation is released, hence […]
The term ‘conflict of interest’ is used widely in a variety of non-body corporate situations. Sometimes confusion surrounding its use in the body corporate context is, therefore, to be expected. This article will canvas and clarify conflicts of interest under body corporate legislation. While this article is primarily targeted at community titles schemes regulated by the Body Corporate and Community Management Act 1997 (the BCCM Act) and its associated regulation modules, we will touch briefly on subsidiary bodies corporate under the Building Units and Group Titles Act 1980 (the BUGT Act) and higher-level bodies corporate under the Sanctuary Cove Resort Act 1985 (SCR Act), Integrated Resort Development […]
Like the previous FNQ seminars, the presentations were received well by all in attendance. Seth Atkinson of Terawatt opened the sessions guiding the audience through Electric Vehicle Risk and what we know, Frank Higginson from Hynes Legal in Mackay and Mario Esera from HWL Ebsworth in Townsville and Cairns then stepped in to elaborate on Body Corporate Risk Management & Approval Obligations. Three Archers the Strata Professionals Partners were on stage at each event, Melissa Braney in Mackay. Frank Griesau in Townsville and Stephen McCulloch in Cairns, they elaborated on Committees and how they make their decisions. Paul Horan and Jody Horan from Horan & Bird […]
There is still time to register to attend the Mackay Strata Education Seminars taking place next week. With over 40 attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Safety and Solar – Is it worth it? In this seminar series our panel of strata experts will explore: Electric Vehicle Safety – What are the risks and how can they be mitigated? EV safety has emerged as a concern for committees charged with exploring future infrastructure requirements for their communities adopting EV’s. The known safety risks associated with EV’s including charging stations and how can […]
The Legal Affairs and Safety Committee has released its report following the inquiry into the Body Corporate and Community Management and Other Legislation Amendment Bill 2023. The key issues raised during the committee’s examination of the Bill included: termination of a community titles scheme for economic reasons approval of alternative insurance arrangements for bodies corporate who cannot obtain insurance on the market body corporate by-laws relating to smoking body corporate by-laws relating to pets towing of vehicles by bodies corporate enforcing by-laws between schemes in a layered community titles scheme body corporate governance, documentation and administration using sunset clauses to […]
There is still time to register to attend the Cairns and Townsville Strata Education Seminars taking place next week. With over 75 attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Safety and Solar – Is it worth it? In this seminar series our panel of strata experts will explore: Electric Vehicle Safety – What are the risks and how can they be mitigated? EV safety has emerged as a concern for committees charged with exploring future infrastructure requirements for their communities adopting EV’s. The known safety risks associated with EV’s including charging stations and […]
The cynics amongst us might complain there’s no utility in creating magnificent by-laws where the enforcement process is so laboursome. But wouldn’t you prefer to emerge victorious from your one-year battle than to wipe the egg from your face as an adjudicator tells you the by-law you were seeking to rely upon to prevent the industrious owner from using her second bedroom as an e-scooter charging station was invalid? The idealists, on the other hand, equate by-laws to the Magna Carta – the sacred parchments eliciting a willingness in their citizens, regardless of status, to obey the rules of the […]
More Queenslanders are deciding to switch to zero-emission vehicles as Australians reduce their carbon emissions footprint. Zero-emission vehicles include: hydrogen vehicles fuel cell vehicles electric vehicles (EV). In 2022 the Queensland Government released: Queensland’s Zero Emission Vehicle Strategy 2022-2032 and Zero Emission Vehicle Action Plan 2022-2024. It is anticipated that by 2030, 50 per cent of new passenger vehicle sales in Queensland will be zero emission and 100 per cent by 2036. With this in mind, bodies corporate should anticipate an increase in requests for EV charging on common property and within lots. There is no one-size-fits-all approach to handling […]
There is still time to register to attend the Gold Coast Strata Education Seminar taking place next week. With a number of attendees already registered and an impressive presenter line-up, the seminar will address EV Risk Mitigation and consider Solar – is it worth it? This week we are eager to announce our expert Lawyer panellist who will speak at our upcoming Gold Coast seminar we are hosting. Future legal requirements for bodies corporate adopting EV’s and the known legal requirements including managing risks and how can they be mitigated are key areas to be discussed. Introducing Tom Robinson, Partner […]
Now more than ever before, Bodies Corporate and Lot Owners are considering solar panels. This is largely due to rising electricity prices and cost-of-living pressures. Deciding whether to purchase and install solar panels can be difficult for standalone homeowners. For Bodies Corporate and their Lot Owners, the decision is even more complicated due to the operation and effect of Queensland legislation, especially following recent amendments made to the Building Act 1975. This article will look at the main things Bodies Corporate and Lot Owners need to know if they are considering solar panels. Solar panels cannot be prohibited Some Bodies […]
Electric vehicles are gaining popularity – and with it comes a new set of obligations for bodies corporate that must be addressed head-on! How do we identify and manage the risks associated with Electric Vehicles and associated infrastructure? What are our obligations to approve owners’ requests to install chargers? What about fire and workplace health and safety obligations and risk assessments specific to Electric Vehicles in Strata building? Importantly, bodies corporate must act reasonably when considering owner requests and, if past decisions have disadvantaged other owners once capacity has been reached, how must we address it, and will this be […]
With electricity rates rising, rooftop solar panels are becoming more popular as an insurance policy against rising costs. Have you ever thought about installing solar panels on your or your strata’s property? It is possible, but there can be a lot of hurdles to jump through. Take advantage of this opportunity to get ahead and make up your mind if solar is worth it in Strata. Committees want to be confident their decisions and systems are beneficial for all Lot Owners, so they can be sure of outcomes that are the best possible, for this, they need an independent third-party […]
Implementing a long-term property maintenance program can offer a multitude of financial and operational advantages. By integrating a robust maintenance plan into your strata management strategy, your property can reap the rewards and avoid missed opportunities. One of the most compelling benefits of adopting a long-term maintenance approach is the empowerment of informed decision-making. With a well-defined maintenance program in place, you gain a clear vision of current and future required works. This transparency aids in making more accurate and effective decisions about maintenance priorities and resource allocation. Another critical advantage is the avoidance of unforeseen costs. The adage “prevention […]
As communities embrace electric vehicles, safety must remain at the forefront when considering infrastructure requirements. EV charging stations safety must be discussed and mitigated where safety risk is identified. Join us as we explore how to assess the safety of your EV infrastructure, so that future planning for EV readiness includes safety considerations. Transitioning to electric vehicles has been touted by manufacturers as a means of saving fuel costs, less reactive maintenance and a lower risk of mechanical failure. However, Bodies Corporate need to carefully consider any new risks presented if planning to provide infrastructure to recharge EV’s and decide […]
Who is responsible for maintenance and repairs continues to be one of the most prevalent issues for owners and bodies corporate. Waterproof membranes are one of the most common, and misunderstood, maintenance issues within a building. This article will outline the responsibilities for waterproofing membranes along with the common ancillary issues which arise. Common property or a lot As a general rule the starting point for any maintenance issue is whether the item in disrepair forms part of the common property (where the body corporate is responsible) or part of a lot (where the lot owner is responsible). Accordingly, when […]
It’s that time of year again. Queensland Fire and Emergency Services (QFES) has released its Annual Alarm Management Charge (AMC) for the 2023-2024 financial year. The Alarm Management Agreement (AMA) is administered by the Contract Management Unit. The AMA is a contract between QFES and the registered premises owner (Body Corporate) of a protected premises that outlines the rights and responsibilities of both parties. If your premises is monitored by the QFES, the terms and conditions outlined in the AMA applies to you. To assist with budgeting, a copy of the QFES 2023-2024 Schedule of Charges can be found on […]
The addition of solar power systems can provide numerous benefits to a strata scheme and its residents and can include; lower electric bills, lower carbon footprint, and potentially higher property values. But these benefits typically come with substantial installation and ongoing maintenance costs. Therefore the magnitude of these benefits can vary widely from one Strata Scheme to another. The approval process can also vary substantially depending on the installation details. This week we are eager to announce the first of our expert panellist who will speak at our upcoming South East QLD education seminars on the cost vs benefit of […]
Hum Energy is setting a new benchmark for energy management services for body corporates. We provide all your energy needs in one place, high quality reporting, helpful advice and excellent service. Our goal is to save you time and money. We do this by listening and thoroughly understanding your needs. We’re also not afraid to share knowledge, because an informed decision is a better one. Hum Energy are not your average old school utility… Nope. We’re a Strata and Business focused energy management company with the capability, resources and contacts required to deliver big value for your energy requirements, no […]
On 24 August 2023 the Hon Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 into the Queensland Parliament. The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration. The committee invites submissions on any aspect of the bill, from all interested parties, which close 5:00pm Saturday, 2 September 2023. To read more About the Bill and Guidelines for making a submission click here: About the Bill and Submission Guidelines Industry peak Body Strata Community Association […]
PASG Projects – Specialist Building Remediation Project Managers PASG Projects is an Australian project management firm dedicated exclusively to building remediation and upgrade works. We partner with strata schemes, building owners and committees to manage complex rectification projects involving structural issues, water ingress, combustible cladding and building defects. Our team simplifies the remediation journey by identifying key building concerns, coordinating expert consultants, and delivering a clear, staged project plan. We focus on practical solutions, transparent communication and strong contractor management to ensure projects are completed efficiently and with minimal disruption. Using our structured PASG project methodology, we manage every stage […]
Reform Measures in Parliament Yesterday the Attorney-General introduced a Bill to make significant changes to the Body Corporate and Community Management Act. Whilst we are waiting on more detail, we are pleased to provide you with a high level summary below. Body Corporate and Community Management and Other Legislation Amendment Bill 2023 Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence The Honourable Yvette D’Ath today introduced the Body Corporate and Community Management and Other Legislation Amendment Bill into Queensland Parliament. Proposed law reforms will better protect ‘off the plan’ home buyers from developers […]
It’s that time of year again. Our Smart Strata community education seminars are fast approaching. Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil our speaker line-up over the coming weeks. Designed to educate, engage, and connect with both experts and suppliers these seminars deliver a range of advice that you would ordinarily pay thousands for, and teaches strata committees how to deliver to best practice standards. And they are spread all over Queensland so […]
The State Government will consider creating a register of all AirBnB, Stayz and short term rentals. The Short Term Accommodation Review Complete found coastal areas in Queensland had the most. The review also found dwelling supply has the greatest impact on rental affordability. As part of planning reforms to create more housing supply, the Palaszczuk Government made a commitment to look into the impact of short-term rental accommodation. University of Queensland, as an independent body, was engaged to assess the impacts of short term rentals on housing affordability and availability across different communities. In the first quarter of 2023, there […]
“Management rights”, “variations” and “assignments” – these are terms commonly used in our Body Corporate and Strata World but what are we really talking about? What does it mean to have an “assignment” that is subject to a “variation”? These appear to be the ‘flavour of the month’ at the moment. In this video, you will hear about what those terms mean, what is the general process for “assignments” and “variations” of “management rights and what to know generally. Transcript Hi everyone, I’m Tom from OMB Solicitors. Today I wanted to have a quick chat to you guys as a […]
Belmax Group offers fast response to quote requests, contact is made with the lot occupier within 24 hours and a submitted quote is delivered within 5 business days, Belmax Group also offers an emergency service if required and all quotes are free of charge. What we do, we have an extensive knowledge and experienced background in strata work, our team brings over 50 years of combined building and remedial repair experience. Things we do. – Concrete cancer repairs – Waterproofing – Tiling – Plumbing – Painting – Electrical – Security cameras and intercom upgrades – Automation – Excavation – Retaining […]
All Electrical Work as the name suggests, provides a premium electrical contracting service which ranges from all aspects across the electrical field. We aim to deliver the highest possible standards with competitive rates whilst keeping in mind the customer’s requirements. 24/7 Response Team Insurance Repairs Body Corporate Strata Maintenance Air Conditioning and Heating Solar Installation Certified thermal imaging Mains and Metering RCD testing Smoke alarm compliance […]
Fair Water Meters specialises in retrofit water sub-metering – providing an innovative, cost-effective solution for multi-unit properties in Queensland and New South Wales. Our sub-meters are designed for simple installation regardless of your plumbing setup and are pre-equipped for off-site meter reading so no property access is required. We offer tailored billing services so you only pay for the water you use. Our founders recognised there was a real need to help owners who have properties that don’t have individual water meters and therefore no way to access fair water usage billing. Mary and Chris sourced a unique product that […]
The Little Guy Pest Control is a Brisbane based Company providing professional Body Corporate Pest Control service to South East Queensland. With over 25 years of experience in General Pest Control and Termite Management, The Little Guy offers effective pest solutions to keep properties safe and pest free. We specialise in working alongside Body Corporate Management to deliver professional service to managed facilities. We understand the importance in ensuring an efficient and effective Facility Management/Pest Control relationship with our Body Corporate Managers and Committees, with attention to catering for residents privacy and the need to act promptly and effectively to […]
Strata title doesn’t exist without a building: it’s fundamental. There must be a strata building to create a strata corporation, define the common property, and, give life to boundaries for the strata lots. Strata owners’ property [their cubic space] is defined by the walls, floors, and ceilings of the strata building. Asset values depend on the preservation of the strata building. And, most strata insurance applies on a whole strata building basis too. Plus, the strata operational fundamentals apply based on the way the strata building is constructed and divided between stakeholders; for things like responsibilities, rights, payment shares, controls, […]
Terawatt — Electrical Services for Body Corporate & Strata Terawatt provides electrical services to body corporate and strata-managed properties across the Sunshine Coast, Moreton Bay, and greater Brisbane. We work directly with committees, strata managers, and building managers to maintain, upgrade, and manage electrical infrastructure in multi-residential buildings. Every project is completed to Australian Standards, backed by our 5-Year Workmanship Guarantee, and delivered under Electrical Contractor Licence 84790. Our Body Corporate Electrical Services Ageing electrical infrastructure doesn’t just cost efficiency — it puts safety, compliance, and asset value at risk. Terawatt delivers fully engineered switchboard and compliance solutions built for […]
Occasionally in bodies corporate, property can be damaged through no fault of the property’s owner. The property’s owner may be an owner of a lot, an occupier or the body corporate. Under the Body Corporate and Community Management Act 1997 (Qld) (the Act), a property owner may seek reimbursement or an order for repair, in certain circumstances, through our office. This article will explain the application process, the thresholds required to lodge an application for dispute resolution, limitations on orders and relevant adjudication orders. It is important to remember that any order is based on the circumstances of the parties involved and is […]
Your trusted specialists in Air Conditioning, Heating and Ventilation (HVAC) For reliable HVAC installation, maintenance, diagnoses and repairs, the Seeto Air & Electrical team are your trusted contractors in Commercial HVAC. We are a solutions-focused company who understands the importance and urgency in maintaining well ventilated and comfortable spaces for our clients. To ensure our clients receive the highest level of service, we have a dedicated team of office support staff, project coordinators, qualified HVAC technicians and efficient estimators. Regular Maintenance and Servicing. A crucial service to ensure systems operate efficiently, prevent breakdowns and prolongs the lifespan of your HVAC […]
Winter is well and truly upon us and statistics show that almost half of unit fires are started in the kitchen and 58% of all fire fatalities occur in winter. With winter well and truly here, let’s take the time to brush up of safety measures and be prepared if you haven’t already to reduce the risk of fires occurring which can lead to loss of property, major burns and even worse, the loss of a life. In this article we provide tips on how to be prepared and compliant from a Body Corporate Committee member view, and tips as […]
When you are selling or purchasing a strata property, there are a few additional considerations compared to freehold properties often overlooked. If you miss any of these critical steps, as the seller your sales contract may be terminated, if for instance you don’t have documented approval for additions made to the property. Or as a new owner, you could be lumped with the prior owners’ debts if you don’t seek the current levy information for settlement! In this article we provide guidance for the additional steps involved with buying and selling in a strata community, starting with preparing your strata […]
The Storage Box – Australia’s premium Over-Bonnet Storage solution for apartments and residential developments. Proudly Australian owned, designed and operated, we specialise in supplying high-quality, Australian fire-compliant over bonnet storage cabinets that transform unused space above car parks into valuable lockable storage —without sacrificing your car park. For more than 10 years, The Storage Box has been helping apartment owners, homeowners, builders, developers and body corporates maximise their available space with innovative over bonnet storage solutions. Today, we’re proud to be one of the most preferred over bonnet storage suppliers across the Gold Coast, Brisbane and Sunshine Coast, trusted by […]
Our clients regularly ask how they can quickly resolve what they consider an ‘urgent’ situation. While we acknowledge there is a considerable amount of stress involved in body corporate disputes – often intensified by the proximity of residents to one another – no general process exists to consider ‘urgent’ applications. However, circumstances may warrant certain matters being fast-tracked. This article explores the limited situations when this may occur – specifically: interim order applications emergency expenditure applications expeditable applications This article focuses on interim order applications and briefly discusses the other two categories. If your matter does not fall within these […]
Bodies Corporate established by the Body Corporate and Community Management Act 1997 have various rules and regulations that govern the payment and recovery of debts. Generally, a “Body Corporate debt” will be an amount owed by a lot owner to the Body Corporate. But is every debt a lot owner owes a “Body Corporate debt”? This article will consider what is and is not a “Body Corporate debt” and explain what happens for lot owners if they don’t pay. What is a Body Corporate debt? A “Body Corporate debt” is defined by the legislation as an amount owed by a […]
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It is a common misconception of many new and some long-term strata property owners that the body corporate manager is the body corporate! This misconception is a well-known issue within the strata industry who continue to provide stakeholder education, but why is this a problem? The short answer is that the decision or action an owner is requesting, often requires the strata manager to seek a body corporate committee decision or instructions. This extra step for decision making often results in frustration, particularly when an immediate decision or action is expected because the owner has an urgent issue. In our […]
Australian strata title buildings, owners, and stakeholders are regulated by extensive & complex strata laws that are created, tweaked, and managed by state governments. But, do those governments have any clear policy objectives, strategies, or medium to long-term plans for strata title, or, are they just reacting to more and more strata buildings crises? And, if so, what should we do about that? Introduction All Australian laws typically start with an objective or objectives, which explain the purposes and desired outcomes for those laws. When you look at the stated objectives of our strata laws [as specified within them] you’ll […]
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At the recent SCA Principals Night Off (April) that I attended we discussed the many changes and challenges since Covid 19, including bullying. In Jason Carlson’s articles and seminars about “Keyboards don’t have feelings” an issue that keeps arising is the bullying and harassment of managers by clients, or individuals within schemes. Bullying and harassment in a scheme can have serious consequences for the affected individuals and the wider community. As we know schemes are wide and varied and can be residential, commercial, retail, industrial, or mixed use communities. As management of these schemes is overseen by a committee, it […]
In case you missed our last series covering Electric Vehicle Readiness and Capital Funding Explained, see below links to learn what was discussed. As a recap, we collated your answers to 3 questions on EV readiness across all regions. Here are the results: Q1: Do you think your building will need EV infrastructure within the next 5 years? Yes – 46% | No – 15% | Undecided – 39% Q2: Have you or your Body Corporate investigated electrical capacity requirements for EV charging? Yes – 35% | No – 60% | Undecided – 5% Q3: Do you have safety concerns […]
Committee Code of Conduct Explained A committee member who has the ability to vote is subject to a code of conduct. Committee members must have an understanding of the Body Corporate and Community Management Act 1997 (BCCM Act) and the code of conduct and must comply with the BCCM Act. They must also act in the best interests of the body corporate, not cause a nuisance or attempt to exercise their vote or attempt to influence when they have a conflict of interest. Committee Code of Conduct Voting members of body corporate committees in Queensland have been bound to observe […]
Community living has its challenges because of the potential for conflict. The proximity of residents to one another in community living and the fact that individuals with diverse backgrounds and views must, as a group, make major decisions, opens itself up to disagreements. If a dispute cannot be resolved internally, the two official avenues for dispute resolution under the Body Corporate and Community Management Act 1997 (the BCCM Act) are conciliation and adjudication. Our office also provides referees who can resolve disputes under the Building Units and Group Titles Act 1980 (BUGT Act), however, this article focuses on the disputes lodged under the BCCM […]
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Downsizers and new tenants of community title complexes should familiarise themselves with body corporate by-laws to avoid any foreseeable issues before signing on the bottom line. There are generic by-laws that can be adopted by body corporate complexes covering noise limitations, vehicle obstruction, damage to common property and the like. However, each body corporate makes its own decision about the by-laws it adopts. That is why new tenants or new owners should fully understand and respect the by-laws of their community title complex when moving in. It is not unusual for tenants to lodge a dispute with the Office of […]
As we head into a new financial year and Christmas rapidly approaches it is important to set yourself up financially and budget for expenses you don’t often think about – like body corporate fees. If you own an apartment or are looking to invest in one, you are required to pay body corporate fees, commonly known as Levies, which cover the costs of maintaining common areas, and general management of the scheme. These fees are generally split into two funds: an administration fund and a sinking fund. The administration fund covers general administration, maintenance, insurance, and other recurring expenses, while […]
Have you ever thought about joining a Body Corporate Committee but are not sure what’s involved? In this article we will explain in simple terms, the duties and functions of each position on a Committee including how the Committee is formed and also what to expect if you are considering joining a Committee. The Body Corporate is required to elect a Committee at each Annual General Meeting from the eligible Lot Owners and/or their nominated representatives. Once elected, the Committee are charged with the responsibility of the day-to-day running of the Body Corporate, by making decisions on behalf of the […]
It is a hazard of anyone actively involved in the management or governance of a strata community that they must deal with lunatics on occasion. A strata manager who does not burden themselves with an ability to access email on their phone may experience a sense of dread at having to open their email for the first time on a Monday morning. Their inbox may be littered with complaints, abuse or just trivial information from “that owner”. The word lunatic is derived from the Latin word for the moon: luna. Humans have believed for many centuries that the moon caused […]
Can Queensland legislate unit owners out of a Nash Equilibrium? Very soon 75% of lot owners in any community titles scheme will be able to vote on whether to terminate their scheme, so that it can be sold or redeveloped. Release of the draft Bill imminent, but will it do what the Government wants; that is, help solve the housing crisis? In this article Michael Kleinschmidt explains how Attorney General Shannon Fentiman can make sure that it does, simply by listening to Russell Crowe. Here is a reminder…. A Beautiful Mind – Bar Scene John Nash’s Equilibrium Game Theory [1080p […]
We regularly receive emails about actions or behaviour of individuals that is impacting neighbours and others within a strata community. This is often difficult question to deal with as the action of behaviour may not necessarily have a specific by-law that can be relied upon to regulate the issue. When the solution isn’t in the by-laws, we need to consider if the behaviour is socially acceptable outside of a strata environment and if there is any rules or regulation to guide towards remedy. Otherwise, do neighbours simply need to be more considerate towards each other when living within close proximity […]
Strata Community Association (SCA) is proud to officially launch its industry leading Electric Vehicles in Strata – Phase 2 ‘Challenges’ Report. In continuing response to the rapidly increasing demand for electric vehicles (EVs) in Australia, SCA identified a critical need to investigate the significant, and unique challenges that are faced when attempting to integrate EVs into strata. The report is available to download on our website, by following the link here. Key Report Takeaways In most jurisdictions in Australia, and in New Zealand, the threshold for voting within a strata committee to install EV infrastructure is a majority vote, or […]
This week saw the last stop of our Community Education Seminars, finishing up at the Greek Club in Brisbane. Like the previous Southeast Queensland seminars, the presentation was received well by all in attendance. Wayne Hewitt – Archers the Strata Professionals, Tony Francis – StrataEV, Jenny Strong – Macquarie Bank, Frank Higginson – Hynes Legal, all took to the stage to deliver a clean and concise message focused on Electric Vehicle Readiness and Capital Funding advice for, what looks like an inevitability within a strata scheme. We were thrilled to have an incredible panel of presenters and a wide range […]
There is still time to register to attend the Brisbane Strata Education Seminars taking place next week, 7th of June! Our last and final Community Education Seminar for this series! With a big number of attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Readiness and Capital Funding. In this seminar series our panel of strata experts will explore: Electric Vehicle (EV)readiness by delving into the initial steps of assessing building suitability through processing requests to install charging stations and how these can be administered. Capital Funding of expenses for EV readiness, both short- and […]
Our Information and Community Education Unit has noticed the terms ‘committee spending limit’ and ‘major spending limit’ are increasingly being used interchangeably. While it is true that both terms relate to body corporate spending, they are not the same. In this article we outline key information about both of these spending limits, while also highlighting their distinct functions. Committee spending limit The committee spending limit is used to determine how much money a committee can spend. For example, if a committee obtains a quote for maintenance, a committee resolution will generally be sufficient to approve the work if the cost […]
CEO and Managing Director of Archers the Strata Professionals, Nicky Lonergan and Australian Associated Press (AAP) future transport editor Jennifer Dudley-Nicholson, deliberate what is in store for our Bodies Corporate, with the change to the National Construction Code 2022 (NCC) commencing 1 October 2023, to ensure the rapid growth of electric car drivers can prosperously plug in and recharge at home. Such policies are critical to widespread EV adoption because with tax incentives and an emerging used-EV market, zero-emissions cars are finally within reach for more Australians. Nicky and Jennifer started the interview discussing that whilst the change is a […]
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Our latest round of Community Education Seminars this month were held in Cairns, Townsville and Airlie Beach delivering the latest information and advice on Electric Vehicle Readiness and Capital Funding Explained, with great success and resounding feedback that the format was both engaging and informative. With presentations expanding knowledge and understanding of the topic. Hosted by Smart Strata foundation Partner, Archers the Strata Professionals, these sessions featured four industry experts as panellists to present on the topic. James Capper & Tony Francis of StrataEV opened the sessions guiding the audience through how committees can be ready for EV charging infrastructure […]
Cult Australian film The Castle is about as close as most people will get to seeing their home sold out from under them. ‘It’s Mabo, it’s the vibe’, has entered every bush lawyer’s lexicon. But the concept of being forced out of your home may become more real with planned changes to strata law in Queensland. The State Government plans to give bodies corporate the power to force the sale of lots if they reach a 75% threshold. We haven’t seen this much enquiry about a proposed law in some time. But everyone is getting way ahead of themselves. The […]
There is still time to register to attend the Cairns and Townsville Strata Education Seminars taking place next week. With over 85 attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Readiness and Capital Funding Explained. In this seminar series our panel of strata experts will explore: Electric Vehicle (EV) readiness by delving into the initial steps of assessing building suitability through processing requests to install charging stations and how these can be administered. Capital Funding of expenses for EV readiness, both short and long term planning including loan provisions, special levies and […]
Body Corporate for Bay Village Community Titles Scheme 33127 v Breeze MR Pty Ltd [2023] QCA 91 On 5 May 2023, the Court of Appeal delivered a decision that provides greater clarity as to the operation and effect of section 126 of Body Corporate and Community Management Act 1997 (Qld). Much like the highly publicised Gallery Vie decision[1], this decision is particularly important for Bodies Corporate and management rights holders who have a “financed contract” within the meaning of the BCCM Act. We look at this case in more detail and discuss its implications. Background The Body Corporate for the […]
This is a friendly reminder that on 17 March 2023 the Valuer General issued new values for 24 local government areas (LGA’s) in QLD (see below). You should have received these in the mail or by email depending on your choice of service. We have not seen all the promised reductions for the February 2022 floods, that the Valuer General detailed in 2022. If you flooded you should review your latest Statutory Value. Balonne Logan Barcaldine Mackay Blackall-Tambo Maranoa Brisbane McKinlay Burdekin Mount Isa Cloncurry Noosa Flinders Richmond Gladstone Scenic Rim Gympie Southern Downs Hinchinbrook Tablelands Ipswich Weipa Lockyer Valley Western […]
Did you know that the Body Corporate and Community Management Commissioner’s Office is not the only avenue to enforce a Body Corporate by-law? In this video, OMB Solicitors Senior Associate, Elisha Quigg, talks about how you can enforce by-laws through the Magistrates Court in a timely and economical way. Article Contributed by OMB […]
There is still time to register to attend the Gold Coast Strata Education Seminars taking place next week. With a big number of attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Readiness and Capital Funding Explained. In this seminar series our panel of strata experts will explore: Electric Vehicle (EV)readiness by delving into the initial steps of assessing building suitability through processing requests to install charging stations and how these can be administered. Capital Funding of expenses for EV readiness, both short and long term planning including loan provisions, special levies and the different […]
I recently had the pleasure of providing a training session to Strata Community Association QLD members, consisting mostly of active strata managers who are required to undergo continuing professional development to maintain their industry accreditation. We enthusiastically explored the history of the Act and associated regulation modules, we looked at how community management statements work (and don’t work) and we delved into exclusive use sketches and survey plans. Because the session was so well received by those members at the coalface of strata, I have been asked to share the slides with the wider strata audience. SCA (Qld) PowerPoint – […]
There is still time to register to attend the Airlie Beach and Sunshine Coast Strata Education Seminars taking place next week. With over 80 attendees already registered and an impressive presenter line-up, both seminars will discuss Electric Vehicle Readiness and Capital Funding Explained. In this seminar series our panel of strata experts will explore: · Electric Vehicle (EV) readiness by delving into the initial steps of assessing building suitability through processing requests to install charging stations and how these can be administered. · Capital Funding of expenses for EV readiness, both short and long term planning including loan provisions, special […]
Stratify Legal is a premium Queensland law practice dedicated to the strata industry. Our mission is to bring harmony to strata communities through strong legal representation, education and advocacy. Our directors, Andrew Suttie and Troy Hawthorn, are highly skilled in strata law. They have helped shape Queensland’s legal stratascape for more than two decades through their involvement in seminal strata proceedings and legislative reform. Stratify Legal is primarily devoted to bodies corporate. To ensure we are always available to provide unbiased and robust representation to our body corporate clients when they need us most, we do not act for building […]
Many residents view their lot as being in a private sphere that is insulated from the rest of the body corporate. Within this sphere, there is naturally an expectation of privacy and freedom from interference. While attempts to breach this private sphere can understandably cause distress, the reality is that a resident in a body corporate does not enjoy the same level of autonomy as the owner of a detached dwelling. Community living means that there are circumstances when the body corporate – or in some cases, another lot owner – can rightfully enter your lot. The legislation endeavours to […]
Our Smart Strata Community Education Seminars are quickly approaching, and tickets are becoming limited. Smart Strata is pleased to present our latest series of Strata Community Education Seminars commencing next month, presented by foundation partners, Archers the Strata Professionals. Series topics to be covered include Electric Vehicle (EV) readiness, by delving into the initial steps of assessing building suitability through to processing owner requests to install charging stations including how these can be administered. Capital Funding of expenses will also be explained including short and long-term planning, loan options, special levies and the different approval process for improvements vs maintenance. We’ll […]
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Electric Vehicle Readiness and Capital Funding Explained is the hot topic for this round of Seminars, but what about the legalities behind all the EV and Capital Funding talk? Body corporate law is a specialised area that requires specialist advice, when you need a Body Corporate lawyer for the first time many committee members find themselves in new and unfamiliar territory. That is why a lawyer who has the expertise to guide you through the maze of legislative and procedural requirements is imperative. This week we are eager to announce our first Lawyer Panellist. Introducing Frank Higginson, Hynes Legal Transforming the business of […]
There are many misconceptions about the differences between a proxy and a representative. Although both involve exercising someone else’s voting rights, these terms are not interchangeable. If you are unable to attend a body corporate meeting, someone may be able to represent you as your proxy, or as your representative. There are many misconceptions about the differences between a proxy and a representative. Although both involve exercising someone else’s voting rights, these terms are not interchangeable. While the focus of this article will be a comparison of general meeting proxies and representatives for community titles schemes registered under the Standard and Accommodation […]
Short and long-term capital expense planning is essential for bodies corporate to survive in today’s economy. Now more than ever, there is a need for different funding options to maintain, repair and upgrade strata properties to keep your investment at the top of the market. With many different options for short and long term capital funding available, we are eager to announce our first Capital Funding panellist… Introducing Angela Flemming, Macquarie Bank As Senior Relationship Manager, Strata & Real Estate Business Banking, Angela has worked in the commercial banking industry for over 15 years and has developed a specialised skill set […]
Is the hottest and one of the most controversial topics currently raising many questions for you and your Body Corporate? Electric vehicles are starting to fill roads around the world as manufacturers launch ever more impressive battery powered alternatives, but do strata properties have the charging solutions to make it work? This week we are eager to announce the first of our speakers. Introducing James Capper, StrataEV. As Director of StrataEV International and founder of Energenze Global, James has expanded his reach from New Zealand to Australia, the UK, USA and Argentina. James is always at the forefront of the […]
When it comes to spending limits in strata schemes, there are as many myths as the ancient Greeks about who can approve how much to be spent on what. The Body Corporate and Community Management Act 1997 (BCCM Act) and related Modules set out a number of spending limits. Some of these intersect with others, some need to go to general meeting, and some depend on the number of lots in a scheme. The rules relating to them are scattered across the relevant Regulation Modules. This article sets them out in one place. The major categories of spending include the: committee spending […]
New land valuations are about to be issued for: these areas in South East Queensland: Brisbane, Noosa, Logan, Ipswich and Scenic Rim; and these areas in regional Queensland: Balonne, Barcaldine, Blackall-Tambo, Burdekin, Cloncurry, Flinders, Gladstone, Gympie, Hinchinbrook, Lockyer Valley, Mackay, Maranoa, McKinlay, Mount Isa, Redmond, Southern Downs, Tablelands, Weipa and Western Downs. For most body corporate managers, a fairly ordinary looking blue and white document issued by the Department of Natural Resources and Mines may have recently appeared in mail boxes across Queensland for each of the schemes they manage. This document will have a real effect on the wallets […]
It’s that time of year again. Our Smart Strata community education seminars are fast approaching. Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil our speaker line-up over the coming weeks. Designed to educate, engage, and connect with both experts and suppliers these seminars deliver a range of advice that you would ordinarily pay thousands for, and teaches strata committees how to deliver to best practice standards. And they are spread all over Queensland so […]
Lot owners in a community title scheme have a statutory right to nominate for a position on the body corporate committee. In this article we discuss the eligibility requirements for each regulation module. In other words, who can and who can’t be on the committee – including due to a relationship with another person (such as the caretaker). As general rule, each regulation module sets out criteria which makes a person: eligible to be a committee member; and ineligible to be a committee member. Both requirements must be met to be a committee member. For example, one ineligibility criteria is […]
We can improve strata if we want to. And, in this series of articles I identify things that should and can be improved, plus my ideas for doing so. Today, I’m focused on the confusing language used in strata title. Let’s start with a big issue that’s never been substantively addressed in Australian strata law reforms: Actively trying to get some uniformity in the strata language used around Australia. It’s part of a bigger issue concerning more uniform strata laws around Australia. Whilst Australian strata laws are all conceptually similar there are substantial differences from state to state in the […]
One of the most vexing issues in Queensland’s strata industry is the compatibility of short-term holiday accommodation with long-term residential living. A prominent building in South Brisbane that was developed for long-term residential living became the latest battleground for this industry issue. Background The scheme’s management rights operator filed an application in the Planning & Environment Court to challenge whether it needed body corporate consent to make a development application to change the use of dozens of the lots in the scheme to regularise their use for short-term accommodation (as a hotel). To put the proceeding in context – the […]
We see it all the time – strata properties that are allowed to fall into such a state of degradation that major repairs are required to fix the problem, leading to overblown budgets, huge disruptions and unhappy owners. But proactive strata building maintenance provides another way to manage property upkeep and repairs. With the help of a reliable contractor such as Higgins, you’ll find yourself saving time, money and stress in the long term. Here are some of the many advantages of having a proactive, rather than reactive, approach to strata building maintenance. Advantages of proactive maintenance Reduced costs Surface damage can lead […]
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In response to recent legislative changes, that were specifically introduced to help bodies corporate identify and rectify building defects, Mahoneys has partnered with Sedgwick (a leading global provider of building services) to develop “A complete guide to managing building defects in Queensland”. The purpose of the guide is to help bodies corporate (and body corporate managers) take a more proactive approach to protecting the legal rights of owners by identifying and rectifying building defects early. A copy of the free guide can be downloaded here. The guide covers: What is a building defect The body corporate’s obligations for defects Why it […]
If you are an owner, investor or committee member within a strata scheme or bodies corporate this message is for you! Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil our speaker line-up over the coming weeks. If Electric Vehicle Readiness and Capital Funding is a key priority for you and your committee, these seminars are for you! Designed to educate, engage and connect with both experts and suppliers these seminars deliver a range of […]
The Australian Apartment Advocacy (AAA) is a not-for-profit agency that is the voice for 2.5 million apartment owners and residents in Australia. Every 2 years they do a survey with apartment owners and they would love to hear from you! Click on the link to find out more about the survey and you will have the chance to win one of three $1000 pre-paid visa cards! The survey closes on Friday 31st March 2023 so don’t delay! The survey will take approx. 15-20 minutes and needs to be completed in one go, so grab yourself a cuppa, sit back, relax and […]
Although buying a strata apartment might be a cheaper or first option for many, it’s actually not the simplest real estate purchase they can make. Unlike land or houses, strata apartments involve more complex titling, legal overlays, and operational issues that are not always obvious or logical. So, even a few basic pre-purchase checks will lead to better purchase decisions and a happier ownership experience. Introduction Buying a strata apartment is a popular option for many people looking for a low-maintenance and convenient lifestyle. It’s often the property choice for first-time buyers because they don’t need more space [yet], they can […]
The Housing Legislation Amendment Act 2021 which came into effect on October 20, 2021, has introduced changes to the Residential Tenancies and Rooming Accommodation Act 2008. The changes are being introduced in stages to facilitate a smooth transition and give the sector sufficient time to prepare. This article focuses on changes in relation to minimum housing standards (MHS) and their impact on those who live, work, and invest in community titles schemes in Queensland. The MHS is set to commence on September 1, 2023, for any new tenancy agreements. For all existing tenancy agreements, the changes will commence on September 1, 2024. The MHS has been […]
One of the most contentious issues in strata properties is the perennial problem of residents using visitor car parking spaces. While the sight of a resident’s car continually occupying a visitor space contrary to the by-laws can cause tensions to rise, there is no quick fix to enforcing those by-laws. Tempting as it may be, a body corporate cannot have a vehicle towed without first obtaining an order from the Office of the Commissioner for Body Corporate and Community Management. And as a recent adjudication from the BCCM shows, that process takes time, patience and evidence. In brief, an occupier […]
Yes. I know. I promised this article earlier. I have a good excuse – merging my firm Stratum Legal with Bugden Allen Graham Lawyers, has taken just a teensy, weensy bit of my time…. On the upside, the delay means that the 2022 numbers are out, so we can check progress on the bet with my Dad. According to Drive.com.au electric vehicles sales have been rapidly increasing; 0.5% of total new car sales in 2021 and 3.1% in 2022. If you add in hybrids (including plug in hybrids) then 11.2% of all new cars sold in Australia, in 2022, ran […]
It has taken almost three years now of consistent advocacy from consecutive Boards and SCA (Qld) staff but the Attorney General in conjunction with the Deputy Premier this morning released media information detailing the most significant changes to body corporate law in the state of Queensland for decades. Scheme Termination SCA (Qld) was pleased to see the announcement of a scheme termination threshold of 75% where the body corporate has agreed it is more financially viable for lot owners to terminate rather than maintain or remediate the scheme. The rights of minority owners will be protected but this opens up […]
You have helped us help you! A big thank you to over 817 people who took the time out of your busy schedule to share your thoughts and concerns. Your feedback will help enable us to create invaluable information for our readers. The results have shown a diverse range of opinions within the Strata communities and have raised multiple valued ideas and topics to research and report on, for this we thank you! The top 3 major concerns for body corporate complexes are; Rising costs Building defects Compliance with regulatory bodies What was interesting was the top topics you would like us […]
What are Embedded Networks? Strata communities are one of the biggest consumers of embedded network systems. In short, embedded networks are systems used in multi-tenanted buildings or complexes, to re-distribute energy through a private system. Generally, the owner of a site will purchase the energy from an energy retailer, and then sell the energy directly to the tenants, often through something called a ‘microgrid’. What are some issues that arise from embedded networks in strata? Embedded networks are complex and technical systems and can be misunderstood by the consumers that engage in their use. When purchasing into a strata scheme, […]
Increases in the cost of living and doing business have been rising, and at a faster rate than in many decades. This is largely driven by supply chain issues and labour shortages during the pandemic, the energy crisis, increases in catastrophe events and inflation. Each of these events puts a strain on the insurance markets and is reflected in prices, with an increased risk of underinsurance caused by insured values which are too low. What does it mean to be underinsured? Underinsurance in strata occurs when the sum insured on an insurance policy is insufficient to cover the full cost […]
As electric vehicle (EV) growth in Australia continues to rise, EV charging is quickly becoming a topical issue in the strata environment. The National Construction Code was recently changed to mandate that all new apartment developments be built with access to EV charging in the car park. It’s important that existing apartment buildings also start preparing for the arrival of EVs en-masse and the aim of this series of articles is to assist in understanding the steps involved in making your building EV ready. Our first article looking into EV charging discussed 3 main questions that commonly get asked by […]
2022 has seen its fair share of economic turmoil, with record inflation occurring within Australia on a level unseen since 1990, reaching 6.1 per cent as of Q2 2022. This has been demonstrating an influence on the prices of many common goods, services, and materials, in conjunction with continued supply chain issues stemming from the disruption caused by the COVID-19 pandemic. Strata communities, and with them, the strata industry, have not been immune to the effects of the economic headwinds and an especially harsh winter in 2022. This has been reflected in higher-than-average prices for building supplies and materials, energy […]
Email communication is an essential part of the day-to-day administration of a body corporate. It is how Lot owners can receive notices and submit their correspondence. Committees often use email to deliberate over email correspondence received and come to conclusions to then also instruct their strata managers to act. Just about anyone has the capability to send and receive an email and often do since it is usually the simplest way to correspond while keeping a record of the communication. The most difficult element of administering emails is then for the recipient to determine what to do with the email […]
Alarming statistics published in November 2019 lay bare true of extent of Australia’s building defects crisis. In a study involving 212 buildings, Deakin University’s Nicole Johnston and Griffith University’s Sacha Reid found that 85% of new buildings in the multi-residential sector have at least one defect. Of the states surveyed, the worst performer was New South Wales, where that average ballooned to 97%. 50% to 60% of defects are also said to be attributable to design issues or would have been preventable with better design. Based on these statistics, Australians buying into new buildings can reasonably assume it will have […]
We often receive questions from owners, occupiers and committees about who is responsible for the maintenance of utility infrastructure within community titles schemes. Working out this responsibility is not always simple as the circumstances of a specific scheme may change the answer. This article highlights some common scenarios that bodies corporate experience in relation to the maintenance responsibilities of utility infrastructure. It provides general information only. Lot owners or bodies corporate should seek their own advice from appropriately qualified people, as each situation is different. What is utility infrastructure? It is important to understand what utility infrastructure is when making […]
Welcome back and Happy New Year to all our readers. While I’m sure we are all still adjusting to writing 2023 and getting into the swing of the New Year the team here at Smart Strata wanted to follow tradition and take the time to highlight our top-read updates from 2022. There is no denying it was a big year, from Smoke Drift Legal decisions and Flood Insurance assistance to EV charging and all the complexities that topical subject is beginning to pose in our schemes , we were not short of topics for discussions. Throughout 2022, we are proud […]
Timeframes are an integral part of most legislation – not just body corporate legislation – as they clarify obligations and remove the doubt that has the potential to create unnecessary conflict. For instance, under the Residential Tenancies and Rooming Accommodation Act 2008, a property owner must respond within 14 days from the date a tenant sends a request to keep a pet in their rental property. If there is no response, the property owner is assumed to have approved the request. We often hear from owners and occupiers who feel that their body corporate has not responded to requests in a […]
This is a callout to all Body Corporate Owners. We need you to help us, help you! To help us plan our news content for the year ahead, we are seeking your input on what topics matter to you the most. At Smart Strata we pride ourselves on delivering timely, relevant, and educational information to keep the strata community abreast of what they need to know and with the intent to make strata simple. By completing our annual survey, you get the chance to contribute to the topics and information that we provide, PLUS, you get the chance to win […]
As Christmas draws closer and business begins to wrap up for 2022 Smart Strata and our foundation partners Archers the Strata Professionals, Strata Compliance Solutions, Marsh Advantage Insurance and ARC Utilities Management wanted to take this opportunity to say a Merry Christmas and thank you for all your support this year. We started 2022, like many businesses around us weary of what the year would hold after a turbulent 2 years of covid. Reflecting back on all that this year was, however, we are beyond proud of what we have achieved and how we have grown. Within 2022, Smart Strata […]
When driving up and down the Gold Coast Highway, you would be remiss to overlook the many towering high-rise buildings that sprawl the coastline. What may be less discernible, however, is the balconies that extend from these buildings – and which provide a vantage point for owners and occupiers to marvel at the seashore. However, the responsibility for maintaining balconies and the balustrades that enclose a balcony is a contentious issue in community titles scheme living. The (significant) costs which may be involved in the repair and maintenance of balconies and balustrades only add to the issue. Is a lot […]
Strata Community Association (SCA) is proud to officially launch its industry-leading Electric Vehicles in Strata – Phase 1 ‘State of Play’ Report. In response to the rapidly increasing demand for electric vehicles (EVs) in Australia, Strata Community Association (SCA) identified a critical need to investigate the significant, and unique challenges that are faced when attempting to integrate EVs into strata. In the first of two reports, SCA’s ‘State of Play’ establishes the progress each jurisdiction throughout Australia has made towards supporting the integration of EVs into strata, ranking each state and territory government’s policy response. Facts and statistics about EVs […]
Gecko Rope Access has extensive experience to a wide range of works and we are specialised in those jobs where ropes are the preferred method of access. We are based in North Brisbane and service many areas such as the Gold Coast, Sunshine Coast & other areas throughout Queensland on request. Gecko Rope Access take pride in their excellent workmanship and we aim to provide our clients with a safe, efficient and cost-effective solution to their requirements. Core Competencies include: High Rise Building Painting Structure Maintenance Industrial Rope Access Sign and Banner Installations and Removals Painting (Dulux Accredited) Concrete Repairs […]
One of the most contentious issues in strata properties is the perennial problem of residents using visitor car parking spaces. While the sight of a resident’s car continually occupying a visitor space contrary to the by-laws can cause tensions to rise, there is no quick fix to enforcing those by-laws. Tempting as it may be, a body corporate cannot have a vehicle towed without first obtaining an order from the Office of the Commissioner for Body Corporate and Community Management. And as a recent adjudication from the BCCM shows, that process takes time, patience and evidence. In brief, an occupier […]
Enacting change to long-standing practices in any industry is difficult. Even when there is widespread support for sensible reforms, there will always be pockets of resistance. Often this is based on a misunderstanding of what is being proposed, and then misinformation is repeated and amplified by opponents to try to derail a reform process. That’s sadly what we are seeing within our industry right now in relation to the reform agenda for Management Rights. This is a discussion that has been ongoing in Queensland for at least a decade, and Strata Community Association (SCA) QLD expects it to lead to […]
The Real Estate Institute of Queensland (REIQ) says it’s a relief that the Queensland land tax regime was officially repealed with an amendment moved in Parliament last month. REIQ CEO Antonia Mercorella congratulated the state government for making the move to stop the controversial reform before it came into effect saying it was the right decision for Queensland renters, investors, and businesses. this article will explore the now scrapped land tax reform and the State Treasurers future position on this regime. “From the outset, the REIQ led with strong opposition to this confidence-shattering regime,” Ms Mercorella said. “We feared the […]
As electric vehicle (EV) growth in Australia continues to rise, EV charging is quickly becoming a topical issue in the strata environment. The National Construction Code was recently changed to mandate that all new apartment developments be built with access to EV charging in the carpark. I believe it’s important that existing apartment buildings also start preparing for the arrival of EVs en-masse and the aim of this series of articles is to assist in understanding the steps involved in making your building EV ready. Chances are if you’re reading this article, you may already have EVs in your building […]
Ready or not, storm season is upon us, and it is imperative that residents prepare their properties for unexpected winds, hail, and flash flooding. Unit owners face unique considerations when it comes to storm preparedness and insurance claims, so understanding their body’s corporate responsibilities will help stop potential damages and unnecessary repair costs to their property and common areas. Every year costs are escalating significantly to repair homes that have been damaged in severe storms but thankfully there are a range of precautions residents can take to eliminate potential hazards and ensure a safer environment for all. To help minimise […]
I have recently been permanently appointed to the role of Commissioner for Body Corporate and Community Management. I am fortunate to have been with the office since 2008 both as a conciliator and in recent years as Manager, Conciliation Services. Given my background in our dispute resolution services I have seen some of the challenges our clients have had in completing our dispute application forms. It is important to me that our clients’ view on the forms is considered in any future decisions we make to improve the forms. Therefore, you are invited to provide us feedback by completing the […]
Within a Community Title Scheme (yes, I am referring to your “body corporate”) this is a very common statement that we hear often from people – “But I don’t use it, so why should I have to pay for it?”. Some recent examples of this statement are: I don’t use the swimming pool – why do I need to pay for it to be heated? My windows are on the ground floor and I clean them myself – why do I need to pay for all the other windows being cleaned? I don’t wash my car on the common property […]
On Father’s Day 2022, I laid a bet with my (77 years) old man – that within 3 to 5 years sales of electric vehicles in Australia would overtake sales of fossil-fuelled vehicles. As with many Baby Boomers, Dad simply could not believe that all of us Gen X, Y, Z, and I types, would be gullible, or stupid enough to buy cars with uselessly short-range and expensive, incendiary batteries. My father is a very smart and capable chap, but rather than spending a few hours deconstructing the internet myths, legends, and memes that have inculcated his views, I did […]
The keeping of pets in a body corporate can be a divisive topic. Naturally, the risk of not being able to keep a beloved pet can be an emotionally taxing experience for pet owners living in community titles schemes. To keep potential conflict at a minimum, it is critical for all involved to be aware of the rules regulating animals in bodies corporate. The Housing Legislation Amendment Bill 2021 (HLA Bill) became law on Wednesday 20 October 2021. It amends the Residential Tenancies and Rooming Accommodation Act 2008, with the amendments to be introduced in stages. This article will provide […]
For those of you that missed our recent Strata Community Education seminar or would like to re-watch and/or pass it on to friends, colleagues or committee members our online edition of the Sunshine Coast seminar is now available for you to view. In this seminar series our panel of strata experts explored: What are by-laws? Why are they necessary? How are by-law breaches reported? Who are the by-law police? When should you just “Love Thy Neighbour” instead? When it comes to disputes in strata communities, the top 4 strata issues we hear most about are illegal parking, noisy/large pets, noise […]
Management of car parking is an issue for many Bodies Corporate, particularly when it comes to enforcing by-laws in relation to parking at a scheme. While there is a statutory process for enforcing parking by-laws, this can be long and cumbersome when it comes to issues such as how people are parking at the Scheme – leading Bodies Corporate to investigate alternative methods of dealing with the problem. For example, a Body Corporate was recently challenged in the Commissioner’s Office regarding its decision to engage a company to issue “parking tickets”, including fines, to occupiers for improper parking at the […]
This week saw the last stop of our Community Education Seminars, finishing up at the Maroochy RSL on the Sunshine Coast. Like the previous 5 seminars, the presentation was received well by all in attendance. Grant Mifsud – Archers the Strata Professionals, Chris Irons – Strata Solve, Andrew Suttie – Nicholsons Solicitors, James Nickless – Chambers Russell Lawyers and Eric Van Meurs – ARAMA all took to the stage to deliver a clean and concise message focussed on By-laws and their necessity within a strata scheme. We were beyond thrilled to have not only an incredible panel of presenters and […]
Let’s not beat around the bush – sex is happening in strata, everywhere, right now. In bedrooms, bathrooms, kitchens and on balconies. At all hours of the day and night. What goes on behind closed doors is none of our business – when it’s silent. But when its symphonic… Consider this scenario: A young couple (aka the performers) check into their waterfront Airbnb apartment in Noosa on a breathless Spring evening. The first movement is a sonata that begins briskly as the performers scramble to disrobe. A series of percussive expositions as shoes are flung across the apartment and ornaments smash […]
This week our seminar series officially drew to a close for our North Queensland audience. With our last stop in Mackay a great success we are both delighted with what our speakers and presenters have displayed so far and excited for our final stop on the Sunshine Coast Next week. Seminars past have had a wide variety of presenters, all experts in their field, bring great conversation to the stage. Next week on the Sunshine Coast we are looking forward to welcoming a fresh and final panel. Taking the stage alongside Grant Mifsud, Partner at Archers the Strata Professionals will […]
It is possible for any person who suffers damage to property as a result of a breach of the Body Corporate and Community Management Act 1997 or the Community Management Statement to make an adjudication application via the Commissioner’s Office to seek orders requiring the party responsible for the breach to pay the cost of repairing the property or to reimburse the applicant for its expenses. We note that there are limits to the amounts claimable for reimbursement for repair costs and the maximum amount of rectification works that a party can be ordered to undertake. While an adjudication application […]
Have you ever been asked to vote for an extension of your caretaker’s agreement? Put another way, has your Scheme been asked to ‘top up” your caretaker’s term usually by a further 5 years? It’s common and can actually occur once every financial year of the body corporate. After all, it is the caretaker’s prerogative to keep the agreement alive for as long as possible in order to increase the value of the asset within the agreement. It is also a trend amongst the management rights industry for those agreements to be extended indefinitely to enhance their value. The commercial […]
The Fair Work Commission (FWC) has jurisdiction to make orders to stop bullying upon application by a ‘worker’ who reasonably believes that he/ she has been bullied at work. Although bodies corporate rarely have employees in the traditional sense, they can still be involved in bullying claims commenced by contractors and other people who work at the scheme. The case of Application by Ms A [2018] FWC 4147 is a useful example. Before looking at this case, we will consider the necessary elements of a bullying claim in the FWC and how these might apply to a body corporate. Threshold issues In order to make an […]
Our Smart Strata seminar has been making its way through North Queensland and next week will make its final stop before heading back to Sunshine Coast. For the first time in a few years, we will be live at the Mantra Mackay on Wednesday 19th October. The past two seminars have heard from Grace Lawyers Partner, Jason Carlson but next up in Mackay for the first time will be Jessica Cannon. Jessica has an extensive Strata background which you can read more about here. We are looking forward to hearing her point of view on the question that is recurring […]
The conventional wisdom is that the three biggest problems in strata communities are pets, parking and people. Earlier this month on, 1 October 2022, one of those got even more confusing and divisive. Residential tenancies laws have changed. Tenants will be able to ask their landlord for permission to keep a pet. If the landlord doesn’t respond within 14 days, it is deemed approved. Layered over all of this will be body corporate by-laws, and the requirement for body corporate approval to keep pets. Many tenants will either overlook or ignore this ongoing requirement in the excitement of taking up […]
Next week we are looking forward to hosting our Smart Strata seminar in Cairns and Townsville. Our panel will be exploring: By-laws: Are they worth the paper they are written on? In this seminar series our panel of strata experts will explore: What are by-laws? Why are they necessary? How are by-law breaches reported? Who are the by-law police? When should you just “Love Thy Neighbour” instead? When it comes to disputes in strata communities, the top 4 strata issues we hear most about are illegal parking, noisy/large pets, noise disturbances from Air BnB guests, and passive smoke drift from […]
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A body corporate is responsible for enforcing its own by-laws. Owners and occupiers can also take action to enforce the by-laws. The steps that must be taken depend on who is enforcing the by-laws. See how to deal with by-law breaches for schemes registered under the Specified Two-lot Schemes Module. Body corporate enforcing by-laws If a body corporate believes that an owner or occupier is breaching the by-laws, the body corporate can speak to the owner or occupier informally to try to fix the issue. If that doesn’t work, the first formal step under the Body Corporate and Community Management Act 1997 is for […]
There is still time to register to attend the Brisbane and Gold Coast Strata Education Seminars taking place next week. With over 80 attendees booked already and an impressive presenter line-up, both seminars will discuss By-Laws: are they worth the paper they are written on? In this seminar series our panel of strata experts will explore: What are by-laws? Why are they necessary? How are by-law breaches reported? Who are the by-law police? When should you just “Love Thy Neighbour” instead? Brisbane Wednesday 5th of October, The Greek Club, 29 Edmondstone St, South Brisbane QLD 4101 5.30pm arrival for 6.00pm […]
From 30 June 2023, the Queensland Revenue Office will be calculating landholder liabilities by aggregating the value of properties owned across Australia and not just in Queensland. While some interstate land may be excluded from the total value (because of an exemption, such as for a principal place of residence), landowners will have to apply to the Queensland Revenue Office to have this exemption applied. The land tax free thresholds remain unchanged at $600,000 for individuals and $350,000 for any other entity. The land tax imposed is calculated on the Queensland proportion of the total value of land owned in […]
This week we announce the presenters of the Sunshine Coast Seminar, the final stop of our October roadshow. It is our pleasure to introduce Andrew Suttie partner at Nicholsons Solicitors and James Nickless partner at Chambers Russell Lawyers. Andrew and James will be two of the Sunshine Coast seminar presenters that will provide answers to the question that is recurring for many strata committees, By-laws: Are they worth the paper they are written on? Register your spot at the Sunshine Coast seminar now: Sunshine Coast– Thursday 27th October, 4.30pm for 5.00pm start, Maroochydore RSL – Register here More about the presenters: Andrew […]
A Magistrate sitting in the Brisbane Magistrates Court recently published decisions on two requests for default judgment (Requests) made on behalf of two bodies corporate. As most of you would be aware a Request can be filed where a Defendant (debtor/owner) fails to defend the body corporates claim. Requests are usually decided by the Registrar of the Court rather than a Magistrate. However, in these two decisions the matters were referred to a Magistrate to determine the issue of the recovery costs, even though the owners chose not to defend either of the claims of the bodies corporate. The key […]
This week we announce our North Queensland Seminar presenters who will provide answers to the question that is recurring for many strata committees, By-laws: Are they worth the paper they are written on? It is our pleasure to introduce Jason Carlson and Jessica Cannon from Grace Lawyers who will take to the stage for our North Queensland audience. The Cairns event will kick off the North QLD leg of the seminar series on Tuesday 11th of October 2022 then move on to Townsville the following evening on Wednesday 12th of October 2022 where Jason Carlson will be featured. The following […]
Compaint is a socially responsible business that provides specialised painting solutions for the bodies corporate industry. With over 20 years’ experience in the industry, Compaint can tailor a cost-effective solution to protect and enhance your building. From digital overlay concepts through to project completion, we can turn your vision into reality. Services include: Internal painting External painting Maintenance painting Protective coatings Abseil and difficult access painting Highrise painting Colour consultancy Compaint understands the special requirements involved when working on multi residential sites. You can rest assured your project will be meticulously managed to ensure safety, quality and resident communication. Connect […]
By-Laws, we all know about them. Most of us refer to them, but are they worth the paper they are written on? As announced last week this round of Strata Community Education Seminars is set to explore some big questions all about Bylaws. To answer the big questions and share their opinions and experiences we have brought in some of the most well-known industry experts in Queensland. We had a vast amount of positive feedback from the speakers that presented in our May seminars so back by popular demand at our Brisbane and Gold Coast seminars we will hear from: […]
The History of body corporate is ever-changing. Over the last few weeks, we have delved into the past to review the transformation the industry has made. Part one started back in the 1930 to 1960 era when community living first emerged in QLD. It then covered 1960-1970 when multi-story dwellings and cluster housing were given direction through 2 new laws. Part two discussed the 1970- 1990 era where unregulated management rights and the Building Units and Group Titles Act were born. This article, Part 3 will look at 1995-2021 the welcome to modernisation of strata regulations, what issues are currently […]
A good painting quote is critical to the success of the job. As a legal document, it outlines what both the client and painter can expect. We often get asked what constitutes a “good” painting quote. A good quote is an accumulation of numerous factors. DID YOU GET A QUOTE BACK? The first indication of a good quote is simply receiving one. In the building and home renovation industries, painters and builders are notorious for not even showing up to give a quote. Occasionally, a painter will show up to quote but does not submit one. Unfortunately, the best painter […]
In a case decided by the Supreme Court of Western Australia, a seller of a strata lot was ordered to pay hundreds of thousands of dollars in compensation to someone who purchased their unit. The seller failed to disclose to the buyer something that would materially affect their use and enjoyment of the property they purchased. It wasn’t about undisclosed building defects, the existence of expensive court litigation, or the unit heating up by the rising sun each morning. For two decades, a neighbour was guilty of assault and disorderly behaviour, used extremely foul language, banged a hammer in response […]
Its that time of year again. Our Smart Strata community education seminars are fast approaching. Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil our speaker line-up over the coming weeks. Designed to educate, engage and connect with both experts and suppliers these seminars deliver a range of advice that you would ordinarily pay thousands for, and teaches strata committees how to deliver to best practice standards. And they are spread all over Queensland so […]
It’s that time of year again. Queensland Fire and Emergency Services (QFES) has released its Annual Alarm Management Charge (AMC) for the 2022-2023 financial year. The Alarm Management Agreement (AMA) is administered by the Contract Management Unit. The AMA is a contract between QFES and the registered premises owner (Body Corporate) of a protected premises that outlines the rights and responsibilities of both parties. If your premises is monitored by the QFES, the terms and conditions outlined in the AMA applies to you. To assist with budgeting, a copy of the QFES 2022-2023 Schedule of Charges can be found on […]
How Airbnb (or short term letting generally) operate in bodies corporate has been covered off in various articles. In short: by-laws regulated by the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) cannot regulate the use of a residential lot; local councils can (and sometime do) regulate the use of a residential lot; and the building class under the National Construction Code does not impact on the short term use. There are reports that an owner is challenging Noosa Council’s decision to prohibit short term letting of their residential lot. In this article we discuss what this might mean […]
The landscape of Body Corporate has transformed massively over the past 90 years. From the emergence of community living in 1930- 1906 to 1960-1970 when multi-storey dwellings and cluster housing were given direction through two new laws. Both of these eras were covered last week in The History of Body Corporate Series- Part 1. This week we will review from 1970 to 1990 when unregulated management rights and BUGTA were born. The 1970s also saw the emergence of management rights, specifically on the Gold Coast. Management rights are arrangements with the body corporate to provide a combination of caretaking and […]
Here at Archers the Strata Professionals we entered 2022 with an immense amount of pride as we celebrate 40 years of business. This massive milestone has now prompted us to reflect on the history of not only our business but also the Body Corporate Industry in QLD since its inception. To commemorate this milestone, we will be delivering a series on each distinctly different era of the strata industry including the evolution of the governing legislation. Our series commences with the 1930 to 1960 era when community living first emerged in QLD. In part 1 we aslo cover 1960-1970 when […]
Committees are commonly faced with many challenges when it comes to recovering outstanding Body Corporate debts from Owners. There are times when the debtor argues that they should not need to pay their levies due to a fault of the Body Corporate. On 26 May 2022, the District Court confirmed in The Body Corporate for the Anchorage One v Huang [2022] QDC 119, that this argument will not be successful when disputing Body Corporate levy debt. In the case of The Body Corporate for the Anchorage One v Huang the Body Corporate filed a claim and statement of claim against […]
Body corporate disputes involving caretakers can generate considerable confusion and frustration. Our interactions with clients indicate that further clarification of the options available to resolve caretaker disputes and the legal requirements for termination would be helpful. In this article, we will highlight what the relevant legislation says about terminating an engagement and what steps the committee might consider before things escalate. We will also clarify the role of our office in relation to caretaker disputes. Steps to consider when a dispute arises Disputes often arise between committees and caretakers due to differing expectations, or a misunderstanding about the terms of […]
My daughter was born 7 days late. Since then she has effortlessly maintained a strict regime of unpunctuality. Last term, her tardy approach to scholarly, musical and sporting endeavours was punctuated with a late paroxysm of activity. Then, like an elastic band after having reached its maximum tension threshold, she catapulted back to her natural state of relaxation. Her saviour – the extension. Why spend countless hours during the term not watching Stranger Things, when you can just apply for multiple extensions and start and finish all of your assignments in one week? And when the report card shows no […]
By-laws. We talk about them a lot – how they get reviewed, registered, enforced, or challenged. They are complicated and complex. Which means mistakes get made. Read on for our top 5 mistakes committees make when enforcing by-laws. Have you even looked at this flowchart for by-law enforcement? It’s great because it gives the idiot’s guide to enforcement. That means it is incredibly detailed and yet, it is precisely because of that detail that it presents so many opportunities for mistakes to be (inadvertently) made. In our experience, here are the Top 5 of those mistakes: Enforcing Them […]
We get a lot of questions from resident managers and committees about caretaking remuneration and the ability to change it. Quite often there are misconceptions that the resident manager is a type of employee. That is not the case. The typical management rights arrangement is a contract for service in which the service provider performs certain tasks for a stated remuneration. In that sense, resident managers are no different from lawyers: there is a fee paid for a job to be performed, although lawyers usually have a far shorter lifespan of engagement with a body corporate. One of the ongoing […]
Common property maintenance is a regular source of contention in bodies corporate. Understandably, it can be frustrating for residents when they see that the common property is not being maintained in good condition. However, often this frustration is mistakenly directed towards the caretaker for the scheme. When speaking to clients, we caution the assumption that all common property maintenance is shouldered by the caretaker. In this article, we will clarify the role of the caretaker and the body corporate concerning maintenance responsibilities and highlight possible ways to help minimise any conflict surrounding this issue. Who is responsible for maintaining the […]
Shade sails, often located on rooftop courtyards, are often the subject of maintenance disputes. The disputes can be complex including because of crucial facts such as when the structures were built, by whom, what they are made of, what maintenance has already been done to them and who paid for that. An excellent example involving all fo these questions is Oceans Mooloolaba [2019] QBCCMCmr 29. Background Oceans Mooloolaba, completed in 2005, is a community titles scheme consisting of 62 lots and common property. There had been a long-running dispute between the applicants, being the owners of 5 penthouse units, and the […]
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In parts 2 and 3 we discussed what by-laws cannot provide for. In the final instalment of our by-law series we discuss the requirements and process for enforcing by-laws. Section 94 of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) sets out two specific obligations that a Body Corporate must follow in respect to by-laws. First, they must enforce the by-laws and second, they must act reasonably when doing so. Accordingly, there is a statutory obligation on the body corporate to enforce […]
It feels like a continuing procession of punches; bushfires, COVID, floods, a war in Europe, and now households and businesses alike face skyrocketing inflation and interest rates, cost blowouts and even mortgage/rent stress for some. And it seems to have hit us all of a sudden…… Inflation is the key, and it helps to recognise the link. In short, inflation is caused by productivity/supply/demand factors; it drives our costs up and the only weapon the Reserve Bank has to control inflation is to cool activity by increasing interest rates. This is okay in principle when it is exercised in a […]
Smoke Alarms (also known as Fire Alarms and Smoke Detectors) are an essential part of every Australian home today. Not only are they required by state law across the country, but most importantly, they help protect the precious lives who live there. Unfortunately, fire poses a serious risk and can occur when we least expect it, such as during the night. This is why it’s important to ensure your smoke alarms are fully functioning, so they can alert you and your family to any danger. How do you know when your smoke alarm needs maintenance, a new battery or replacing […]
Strata and Community titles are the largest growing type of development across Australia. All States & Territories are experiencing growth in most sectors of the market (residential, industrial, commercial, retail and mixed use). In addition, most States and Territories are also reviewing legislation to keep up with the ever changing shift into strata. Some time ago I had the privilege to share the stage with Bernard Salt, the world renowned author and demographer, at the Strata Community Association National conference. In that presentation, Bernard shared his insights into the increasing challenges of the growing strata market and the management of […]
The role of the caretaker within a body corporate can sometimes cause confusion. As the caretaker is frequently onsite managing the scheme’s day-to-day issues, it can fuel the assumption that the scope of their responsibilities is wider than it is. By-law enforcement is one of the tasks residents commonly attribute to caretakers. However, contrary to popular belief, the caretaker is not the ‘all-powerful’ body corporate sheriff appointed to enforce the scheme’s by-laws. In this article we will clarify the avenues available for enforcing by-laws, while highlighting who holds the reins when it comes to body corporate decision-making. What is a […]
Owning, operating, and managing a building requires maintenance to not only hold its value but also add to it. Additionally, it is important that your building is well-maintained to please tenants and attract new ones. A fresh repaint of your building is one of the most constructive forms of maintenance that has many benefits in both the short and long term. It can lift the image of your property, raise your business profile, and properly protect your building’s surfaces from the elements by making it less susceptible to accelerated deterioration. Below we discuss what signs to look out for when […]
Did you overstep the mark (or do you need to)? Given the complexity of the Body Corporate and Community Management Act 1997 and associated legislation, it is likely that committees may overstep the mark from time to time by making decisions beyond their authority. Likewise, a committee may sometimes pass a resolution with full knowledge that what they are deciding is beyond their power. This commonly occurs in relation to urgent court proceedings, when a committee may authorise the commencement of proceedings, for example before a right to make a claim becomes statute-barred, or the expiry of an appeal period. […]
As we head into a new financial year and Christmas rapidly approaches it is important to set yourself up financially and budget for expenses you don’t often think about – like body corporate fees. If you own an apartment or are looking to invest in one, you are required to pay body corporate fees, commonly known as Levies, which cover the costs of maintaining common areas, and general management of the scheme. These fees are generally split into two funds; an administration fund and a sinking fund. The administration fund covers general administration, maintenance, insurance and other recurring expenses, while […]
Most building owners are aware that the copper line network is about to be permanently decommissioned following the nbn™ network roll-out across Australia. In addition to the shutdown of the copper network, another serious issue exists, and many building owners are completely unaware of the implications they face. During the nbn roll-out, many lift companies sold and installed their own 3G cellular gateway solutions to clients as upgrades for their lift emergency phone systems. Thousands of these units are now in service, and most of these building owners are under the false impression that the upgraded lift emergency phones will […]
In October 2021, then Prime Minister Scott Morrison and Minister for Industry, Energy and Emissions Reduction Angus Taylor released a plan to deliver Australia’s target of net zero emissions by 2050. Electric vehicles are tipped be a major part of Australia’s move towards sustainability, with most car manufacturers expected to shift to manufacturing electric vehicles over the coming decade. For strata communities, the trend towards electric vehicles will pose a range of pressing questions. We share a few words of advice for committees to prepare for this widespread change. Electric Vehicles & Strata The anticipated influx of electric vehicles in […]
What are the recent events causing price increases? In addition to the high demand from the start of the colder winter months, there has been an unprecedented blend of worldwide and domestic events influencing electricity markets These events include: • The Russian invasion of Ukraine having a long lasting effect on worldwide energy supply and commodity prices • The significance of planned and unplanned coal plant outages, • Reduction of coal stockpiles and issues with coal supply and delivery due to flooding of mines and associated operational issues, and • Reduced generation of renewables because of the weather. What events […]
Last week saw the last stop of our Community Education Seminars roadshow, finishing up at the Greek Club in South Brisbane. Like the previous 5 seminars, the debate was received well by all in attendance. Jason Carlson (Grace Lawyers), Trevor Rawnsley (ARAMA), and Mario Esera (HWL Ebsworth) delivered their respective viewpoints and strategies for achieving harmony within strata schemes while debate facilitator Chris Irons (Strata Solve) looked for holes in their arguments and provided his own insights based on his experience as Former Commissioner for the Office for Body Corporate and Community. While the content has been similar in each […]
Is it too soon to reflect upon the Federal Election and its connection to strata? Call us sadistic if you will, the fact remains, we find the most fascinating part of Election Night the concession speeches. It is in those moments where the candidates shed the weeks, months and years of carefully prepared talking points and image building to reveal the truth and enormity of the moment. For some, the concession speech is a chance to bow out with grace and dignity. Like him or loathe him, Scott Morrison did just that. Then you have the Former Treasurer, whose concession […]
For those of you that missed our recent Strata Community Education seminar or would like to re-watch and/or pass it on to friends, colleagues or committee members our live stream edition of the Brisbane seminar is now available for you to […]
The Office of the Commissioner for Body Corporate and Community Management (BCCM Office) sometimes receives dispute resolution applications that raise emotive and concerning claims of harassment, bullying or abuse. When people disclose these personal experiences, it is clear that these difficulties and challenges would benefit from a resolution. However, under current legislation, there is no capacity for the BCCM Office to provide dispute resolution services in relation to allegations of harassment, bullying or abuse. Sometimes parties seeking to have unacceptable behaviour addressed lose valuable time lodging applications that we are unable to progress because they do not fall within our […]
For those that would like to ask questions from home – we have our facilitators on standby to rush your questions to stage. We can’t promise that we will get through all questions, but we will certainly try and also keep an eye out on upcoming Smart Strata news blogs as we answer them there […]
Most disputes within Bodies Corporate stem from ignorance and miscommunication. Sometimes, however, disputes are caused or perpetuated by “conflict junkies”. As the name suggests, conflict junkies are people that are addicted to conflict. They love sending long, threatening emails. They routinely demand total adherence to their views and wishes. They rarely ask questions, preferring instead to make statements. In our experience, conflict junkies are often responsible for the worst, most toxic, Body Corporate disputes. How do you spot a conflict junkie? Dealing with conflict junkies is one thing, but identifying them can be just as tricky. In our experience, here […]
This article is written from the perspective of a strata manager. Read on for insights from their side of the meeting room table. You are sitting in another stupefying meeting. The Committee is way off the agenda, wandering far and wide amidst the weeds. You have tried, to no avail, to bring them back to the matters at hand, but they are cowboys out on their own trail ride, a “whompin’ and a whompin’, and all you can do is listen, take some notes and try not to scream. Then, it happens: Someone utters what may the stupidest idea you […]
Last week the debate roadshow travelled to North Queensland with great success and resounding feedback that the format was both engaging and informative. Jason Carlson (Grace Lawyers), Trevor Rawnsley (ARAMA) and Mario Esera (HWL Ebsworth) delivered their respective viewpoints and strategies for achieving harmony within strata schemes while debate facilitator Chris Irons (Strata Solve) looked for holes in their arguments and provided his own insights based on his experience as Former Commissioner for the Office for Body Corporate and Community. The debate was obviously close in all three locations with comments echoing the sentiments that education, understanding and communication are […]
The transition from life in a detached dwelling, where one is accustomed to a degree of autonomy, to life in a body corporate is a challenge for many residents. How well the realities of community living are managed hinges upon communication. It is not an overstatement to say that good communication is the cornerstone of an effective body corporate. Where the ties of communication are strained or damaged, conflict inevitably follows, too often ending up as a dispute application in the BCCM Office. We have observed that, while on its surface an application might relate to a problem such as […]
Apologies are commonplace in many facets of contemporary life. Governments apologise for things done in the past and are condemned for it, for not doing it sincerely enough or for not apologizing for some other things too. An apology can be the outcome of a legal proceeding, for example, in defamation cases. In other minds, an apology is a sign of weakness, indicative of caving in to demands that we do not agree with. Yet to paraphrase Elton John, ‘sorry’ can be the hardest word and according to Kurt Cobain, what else should you be – all apologies? Regret or […]
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In part 2 of our by-law series, we discussed the first 4 limitations of what by-laws cannot provide for. Sections 180 and 181 of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) set out 8 limitations for by-laws.In part 3 we address, with examples, the final 4 limitations of what by-laws cannot provide for. Limitation 5 “A by-law (other than an exclusive use by-law) must not impose a monetary liability on the owner or occupier of a lot included in a community titles scheme.” This limitation […]
QLD and NSW, in particular, have experienced an unprecedented amount of rain and as a result, the volume of Insurance claim lodgements has increased significantly. A number of insurers have set up dedicated Catastrophe claim teams and Loss Adjusters have been brought into affected regions. Whilst from the outside, it seems that there is not much movement on these claims, it is undoubtedly not the case behind the scene and on the ground. Insurers have established supply chains with builders and loss adjusters to assist with repairs. As can be appreciated, the scale of the declared catastrophe has had impacts […]
Both the Gold and Sunshine Coast audiences agree that the number one factor that leads to harmony within a strata community (and we would tend to think in any community) is the ability to communicate and “play the ball, not the man” as was quoted at the Sunshine Coast event. Over 220 people registered to attend our Strata Community Education Seminars on the Gold and Sunshine Coasts, with North Queensland taking to stage next week. We have been incredibly pleased with the positive feedback audience members have provided so far and the interaction and engagement at the events is exactly […]
The Strata community has recently heard a lot about the Northern Australia Reinsurance Pool however it is perhaps not well understood just how this will work to benefit the strata industry. To explain, we have prepared the facts below so you can communicate with committees and staff about how this exciting program will work. What is the Northern Australia Reinsurance Pool? To start with, it is important to distinguish “reinsurance” from insurance. At its most basic level reinsurance is the practice whereby insurers shift part of the risk within portfolios to other parties by some form of agreement. This is […]
With North QLD seminar dates fast approaching it is time to announce the final speaker set to take the stage alongside Trevor Rawnsley & Jason Carlson at the Strata Community education seminars in Cairns, Airlie Beach & Townsville. Focused predominantly on dispute resolution, who could be better on a debating panel that is working towards creating harmony! So who is North Queensland’s third panelist? Introducing Mario Esera, litigation partner at HWL Ebsworth. Mario has specialised in Body Corporate law for more than a decade. Mario’s main area of expertise is in relation to disputes, particularly management rights disputes, building defect […]
The return of Penalty Interest is good news for Bodies Corporate In response to the COVID-19 pandemic, State governments across Australia introduced legislation to help limit the financial impact. In Queensland, that legislation meant that Bodies Corporate could not charge penalty interest on unpaid levies for the period from 25 May 2020 and 30 April 2022. At the time, the emergency response was heralded as a good thing for Bodies Corporate. But was it really? Having seen its effects over the last 2 years, we believe that the return of penalty interest is good news for Bodies Corporate. Emergency response […]
There is still time to register to attend the Sunshine Coast and Gold Coast Strata Education Seminars taking place next week. With an expected audience of 80+ and a speaker line-up larger than we have ever had before, these two events are not to be missed! Both seminars will tackle ‘The Great Strata Debate – Caretakers, by-laws and committees create harmonious strata communities!’ Our strata experts will take a position on whether this is true or not and you will be provided the opportunity to have your say, as well as ask your strata specific questions. SUNSHINE COAST Thursday 12th […]
In June 2021 I attended the SCA National Conference in Adelaide. It had me out of the office for almost an entire week. Upon touching down in Adelaide, I realised that I had forgotten to put the “Out of Office” notification on my e-mails. I moved past the mild anxiety I began to feel when it occurred to me that I don’t exclusively deal with e-mails when I am in the office. I am just as active with my e-mails when I am out of the office as when I am in it. My office follows me wherever I go […]
* Over 10 Years Experience * Returning Officer * P O Box for secure delivery of voting papers * Familiar with Stratavote * Prompt efficient service Ph: 0414 327 900 E: returningofficer@bigpond.com Connect with us here or give us a […]
Committee members, caretaking service contractors (i.e. resident managers) and body corporate managers have a number of disclosure obligations. These obligations were revised with the regulation updates which came into effect on 1 March 2021. In this article, we will focus on these disclosure obligations to assist bodies corporate with achieving compliance. Benefits received by committee members Under regulation 79 of the standard module, committee members may not receive a direct or indirect benefit from a caretaking service contractor or a service contractor, unless the receipt of such benefit has been authorised by an ordinary resolution of the body corporate. It […]
Here at Smart Strata, we are preparing to make waves as our lineup of speakers gets stronger by the week. The panel so far consists of Andrew Suttie – Nicholsons Solicitors, Trevor Rawnsley – ARAMA, Jason Carlson – Grace Lawyers and adjudicators Juliette Nairn – OMB Solicitors and Chris Irons – Strata Solve. Our next speaker fits in perfectly with the rest. Set to bring a strong argument and boasting an impressive amount of knowledge around the Strata community and issues faced within the industry. James Nickless will be taking a seat on the stage at our Gold Coast Community […]
Amendment Regulation 2021 (Queensland) On 28 February 2022, the Energy and Water Ombudsman (Prescribed Energy Entities) Amendment Regulation 2021 came into effect. The amendments insert two new sections into the Energy and Water Act 2006 (Queensland). The changes affect any individual or company that run an embedded network in Queensland and are an ‘exempt seller’. The Effect of the New Provisions For Bodies Corporate and Strata Managers (and Billing Agents and Embedded Network Managers): If you’re an exempt seller with 2,000 or fewer customers, you’re automatically deemed an Energy and Water Ombudsman of Queensland (EWOQ) scheme participant at no cost. […]
Back in the heyday of my youth, when Donkey Kong was cutting edge gaming, we used to spend our lunch breaks playing with Kiss (the American glam metal band) cards. The cards were only available in Donruss bubble-gum packets, which proved a challenging acquisition for a metal-mouthed yours truly who was forbidden from indulging in their sugary goodness. Somehow, a friend must have been gullible kind enough to lend me some of his cards to enable me to partake in my first game of “tops”. To the uninitiated, tops might appear to be a game of pure chance – two players take turns in throwing one […]
The Great Strata debate is essentially the gift that keeps on giving. Over the past 3 weeks, we have announced some highly regarded, well-known specialists within the Strata community who will be taking the stage as adjudicators and panelists for the upcoming Strata Community Education Seminars. This has included Chris Irons – Strata Solve, Juliette Nairn – OMB Solicitors, Jason Carlson – Grace Lawyers, and most recently Trevor Rawnsley – ARAMA. Each individual announced is set to bring a new opinion and varying background that will allow the debate to be educational and resourceful to both participants and listeners alike. […]
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Discussion is the exchange of knowledge. If you want a good discussion, have it with knowledgeable people. Here at Smart Strata, we have been working behind the scenes to create a panel of not only knowledgeable debaters but also industry leaders with relevant experience. The next debater on our panel is no exception. In the past weeks, we announced that Chris Irons, Strata Solve, and Juliette Nairn, OMB Solicitors would adjudicate the Great Strata Debate taking place Queensland-wide in May and June. Last week it was then revealed that Jason Carlson, Grace Lawyers would be our first panelist. But who […]
Whilst it seems like an age ago, the COVID-19 Emergency Response Act (2020) was introduced almost two years ago on 22 April, 2020. This Act, as you may be aware granted sweeping powers to the Chief Health Officer and along with several other Acts introduced emergency provisions to help various industries manage the financial impact of the pandemic. In our industry, sections 323(A)- (I) was inserted into the Body Corporate and Community Management Act 1997, and further amendments were made via the Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020. These legislative provisions and regulatory allowances […]
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. Sections 180 and 181 of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) sets out 8 limitations for by-laws. In part 2 we begin with what by-laws cannot say by addressing, with examples, the first 4 limitations. Limitation 1 “If a by-law for a community titles scheme is inconsistent with this Act (including a regulation module applying to the scheme) or another Act, the by-law is invalid to the extent of the inconsistency.” In other words, a by-law must not say something that is contrary […]
Opinions, we all have them. Some are stronger than others but how do we ever really know who is right? In the weeks just past we have announced that Chris Irons, Strata Solve and Juliette Nairn, OMB Solicitors would be the ones to adjudicate the Great Strata Debate taking place Queensland wide in May and June. Their expert knowledge in the field easily equips them to facilitate an active discussion on the topic. But who will be placing their cards on the table and giving their opinion for and against? CARETAKERS, BY-LAWS AND COMMITTEES CREATE HARMONIOUS STRATA COMMUNITIES! This week […]
Most body corporate disputes in Queensland can only be resolved by an adjudicator in the Office of the Commissioner for Body Corporate and Community Management. However, before an adjudication application will be accepted by the Commissioner, the applicant must show that reasonable attempts at internal dispute resolution have been made and that conciliation has been attempted or is not appropriate. The Commissioner’s Office boasts a high rate of resolving the disputes that come before it for conciliation – usually 70% or higher. We often help committees after they have invested time and effort in a conciliation only to find that […]
“Rules are not necessarily sacred, principles are!” Franklin D. Roosevelt. Whether you agree with Roosevelt or not will largely impact how you approach most interactions, and unfortunately in strata communities you will find people who sit on each side of the fence dividing owners, residents and committees into rule followers vs rule interpreters. At our upcoming Strata Community Education seminar series we will explore both perspectives to try to reach agreement as to the one that leads to the most harmonious outcome within strata communities. To adjudicate the discussion on the Gold Coast we have none other than Juliette Nairn, […]
At the upcoming Smart Strata Community Education Seminars I am interested to delve into the depths of day to day strata operations to reach a conclusion on whether less or more regulation, by-laws and committee interference creates a more harmonious environment. The unwieldy and often complex nature of the Queensland strata legislation provides plenty of stories, which I am sure will lead to interesting debate between our opposing teams. As the adjudicator for the Gold Coast debate, I am interested to see the arguments put forward by our debaters and in preparation for this role, I am taken back to […]
In strata, things are not always as they first seem. What is being disputed about is sometimes not really the issue which needs to be dealt with. This article is about one such situation and also gives you some tips to better manage body corporate disputes. Recently, Strata Solve held a conference with an owner who is experiencing some significant issues to do with water ingress into their lot. You can read more about water ingress generally here. On the face of it, you might think such a conference straightforward: the owner has water ingress into their lot, they need […]
Is it really possible for a strata community to live harmoniously? And if so, what is the best way to go about achieving such a (in some schemes, seemingly unrealistic) goal? That is what the upcoming Smart Strata seminar series plans to uncover as we roadshow … THE GREAT STRATA DEBATE – CARETAKERS, BY-LAWS AND COMMITTEES CREATE HARMONIOUS STRATA COMMUNITIES! With debaters (yet to be announced – yes, we know the suspense is excruciating) lining up to take a Yes or No position on this topic, we needed an expert in the strata field who lives, eats and […]
CCTV in a strata community: the blurred line between security and privacy There are many security measures that strata communities can take, and one of the most popular is Closed-Circuit Television (CCTV). There are many factors to consider if a body corporate intends to install security devices, such as CCTV, in strata buildings. The concerns most commonly raised are: The installation of a CCTV device is an invasion of privacy. An occupier installs a CCTV camera without body corporate approval. Someone wants access to the CCTV footage. I explore these in more detail. Invasion of privacy The starting point for […]
If you are an owner, investor or committee member within a strata scheme or bodies corporate this message is for you! Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil our speaker line-up over the coming weeks. If cost efficiency, building harmony and effective committee engagement is a key priority for you and your committee, these seminars are for you! Designed to educate, engage and connect with both experts and suppliers these seminars deliver a […]
The effects of excess water after a storm or flood can have a significant impact on your pool’s structure and water chemistry. This article is a good guide on what you should be doing before you commence the clean-up of your pool post flood. hould be doing before you commence the clean-up of your pool post flood. Along with the usual culprits that accompany heavy rain, such as debris, dirt, overflow and contaminates, La Niña weather and floodwaters bring additional long-term consequences – such as diluting your pool chemicals, increased risk of mosquito-borne viruses or adding excessive mud and dirt […]
As you may already be aware South East Queensland was hit hard with the heavy rainfall two weeks ago which has resulted in damaging floods to Brisbane and surrounding areas. Unfortunately, our building at 154 Melbourne Street South Brisbane did not escape damage.We were originally advised by our building manager that we should be able to access the building on 11 March 2022. Initially we anticipated limited disruption to our services. Unfortunately, this is no longer the case and the building will remain closed until 1 April 2022 at this stage.What does this mean for you We are currently unable to receive posted […]
The dynamic of Body Corporate meetings can vary greatly depending on the members present. In this article we provide guidance on setting goals and planning actions, the importance of leadership, understanding of participants roles and responsibilities, being concise when making submissions and acting professionally. If you have ever left a meeting wondering what just happened, this article is for you. Forget a path with no end, is there even a path? Have you ever been in a meeting that seems to float around without ever getting anywhere? Let alone a string of meetings where the same items are discussed again and […]
By-laws are an integral part of the administration of a body corporate. While integral they can also be slightly daunting, which is in this article we break By-laws down part by part aiming to arm stakeholders with the knowledge to help them avoid unlawful by-laws and give them the tools to successfully administer their scheme. We start off a new article series specific to by-laws explanting what they are legislated to provide for. The relevant section of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) is 169(1) which provides: The by-laws for a community titles scheme may only provide for […]
The weather in the last week across Southeast QLD has been nothing short of devastating. Strata properties affected need to act as communities relying upon their; Strata Managers, Building Managers, Committees and Insurers to coordinate initial make safe where needed then major repairs and insurance claim management. In this article we will provide guidance on how to get in touch with your body corporate, sourcing trades and services, insurance claim lodgement, Government and Mental Health support available. How do I contact my Body Corporate? Most strata properties have a professional strata manager engaged to assist the Committee with administering the […]
Does anyone really want to be on a strata committee? Why not and what’s to be done about it? Does it mean the wrong people are running our strata buildings? As an operational structure, strata and community title associations need owners [or their nominees] to volunteer as committee members. And, whilst it makes sense that after investing significant amounts of their wealth into a strata apartment that: owners would want to be committee members in the building, there would be more volunteers than available committee positions, and strata committee elections would be necessary. So, many government policies, strata laws and […]
What seems like only a few short weeks ago we thought it was important to update you on some key considerations that body corporate committees and strata communities should be considering to be as COVID safe as possible. If you missed that article you can find it here: Covid safe communities – Best Practise tips. While this article is still highly relevant the mask mandate is set to be updated from 6pm on the 4th of March. From this date masks will no longer be required indoors, except in hospitals, residential aged care, disability accommodation, prisons, public transport, airports, and […]
Each winter we embark on a camping expedition to a secluded site on the Pumicestone Passage. Aside from fishing and relaxing, the only obligatory activity is afternoon aperitifs, set against the majesty of the Glasshouse Mountains as they salute the end of another day, backlit in brilliant orange, pink and purple hues, the sun skilfully navigating its descent between them. Idyllic. Perfect. Mostly. Across the passage, 25 kilometres due west from camp, tucked in between Donnybrook and Wild Horse Mountain, lies a poultry farm with a stench so foul (*please observe how I resisted the temptation to insert the obvious […]
Improving energy efficiency in your strata buildings through products such as heat reflective paint is not only great for the environment, it also makes good financial sense. A growing interest in sustainable building practices amongst residents and businesses, as well as rising electricity costs, mean that energy-efficient products and services have become the preferred choice for many consumers. Given this trend, many strata owners are greening their property to benefit from cost savings, happier residents and an improved reputation. There are many ways that you can improve the environmental footprint of your building, including decreasing water consumption to recycling programs. In this article, we’ll […]
Maybe the Irwin’s were onto something when they got involved with Crocodiles…. They don’t move around much or leave their home (at Australia Zoo), sleep a fair bit, just lay in a pool, don’t bark, don’t wander around depositing nasty surprises everywhere, don’t attack people on common property, don’t shed hair that may give allergies and in a weird way are quite cute. Admittedly they are large and do have a few unsavoury habits and are dangerous if approached (so don’t approach them) but otherwise a perfect pet for strata! OK, a silly thought but really, where are we headed […]
The Government has announced the final design of the reinsurance pool for cyclone and related flood damage, following consultation on the draft legislation. A media release that provides more detail on the Government’s announcement can be found below. The Morrison Government has finalised the design of the reinsurance pool for cyclone and related flood damage, following consultation on the draft legislation. The reinsurance pool will be backed by a $10 billion annually reinstated Commonwealth guarantee and be administered by the Australian Reinsurance Pool Corporation from 1 July 2022. Over 880,000 residential, strata and small business property insurance policies in […]
Since common property in strata buildings is real estate, it’s assumed it has value like every other piece of real estate. But, maybe that’s completely wrong and it’s valueless [at least in the conventional sense]. In this article, I start to explore alternative propositions about common property value. Something has been bugging me for a long time in relation to strata title buildings: and, that’s how to value common property. It’s an issue that comes up from time to time in situations like: when a strata owner wants to use it temporarily for parking or to put tables and chairs […]
You have helped us help you! A big thank you to over 800 people who took the time out of your busy schedule to share your thoughts and concerns. Your feedback will help enable us to create invaluable information for our readers. The results have shown a diverse range of opinions within the Strata communities and have raised multiple valued ideas and topics to research and report on- for this, we thank you! The top 3 major concerns for body corporate complexes are; Rising costs By law breaches by inconsiderate neighbours Building defects. Interestingly the top topics you would like […]
It’s critical to register lift emergency phones with nbn’s Fire Alarm and Lift Emergency Phone Register by Friday 25th February 2022. The nbn™ network will soon replace most existing fixed phone and internet networks. When you switch over to the nbn™ network, it may affect the operation of important services, such as your lift emergency phones. The registration process for monitored fire alarms is an important government initiative to help support the migration from most existing networks to the nbn™ network or alternative telecommunications networks and to minimise service disruption. The rollout involves new technologies which some existing fire alarms may not be compatible […]
SURVEY CLOSE DATE MONDAY 31st JANUARY 2022. This is a callout to all Body Corporate Owners. We need you to help us, help you! Over 700 have responded to our survey so far which is a great result and we thank you for taking the time to participate. Your responses help us build our list of topics to research and deliver valuable information to our readers. The results are showing the diversity of opinions within strata communities and demonstrates how it can be difficult for body corporate committees to reach agreement on the big 4 – parties, pets, parking and […]
As an owner of a unit in a strata complex, one quickly realises that the old maxim an Englishman’s home is his castle is inapposite for that style of living. Everyone makes compromises. Everyone is bound by rules (by-laws) and by a statutory framework which includes imposing obligations on bodies corporate and owners to reflect shared living. Sometimes those compromises can be seriously inconvenient and, in certain circumstances, can result in a lot owner being forced to move out and live somewhere else for a period of time. How can this be? Well, as with all things legal, the answer lies in […]
Committees are made up of lot owners or their representatives and are elected each year, usually at the annual general meeting, to represent lot owners and make decisions on behalf of the body corporate. From time to time, a body corporate may for various reasons decide to remove a committee member or members from office. In this article we outline the ways that the body corporate can achieve this. The two ways provided in the Body Corporate and Community Management Act 1997 to remove a committee member are: by passing a motion by ordinary resolution of the body corporate at a general […]
Anyone else struggling to keep up with changes to what you can and can’t do at the moment? With the number of cases increasing by the day and the peak not yet to hit, we are all learning of friends and family (or indeed ourselves) that are impacted either because they fall ill, or have to isolate because of a close contact. With this in mind I thought it might be helpful to update you on some key considerations that body corporate committees and strata communities should be considering to be as COVID safe as possible. As you are no doubt […]
In breaking news, a Body Corporate and Community Management (BCCM) Adjudicator must have tired of waiting for the Queensland Government to change the legislation, so decides to change how it is applied herself! Introduction On 21 December 2021, an Adjudicator decided to give many stakeholders in the strata industry an early Christmas present – she broke into new ground by pathing the way to order someone to no longer smoke on the unit’s balcony and to take reasonable steps to ensure smoke does not emanate from the unit when smoking inside (by closing doors and windows). Here’s the catch: the […]
Avid Smart Strata readers will know we start each year re-capping the past year and counting down the Top 10 Strata Updates in 2021. We now have in excess of 40,800 subscribers that are eager to receive our weekly newsletter updates. They take a keen interest in the content provided, seek to engage with our contributors and regularly search our supplier portal. Together we are building a stronger strata community. Counting down our top 10 newsletters shows that some topics just keep resurfacing because they are real and consistent issues for Body Corporate Committees and the overall strata community. Here […]
This is a callout to all Body Corporate Owners. We need you to help us, help you! To help us plan our news content for the year ahead, we are seeking your input on what topics matter to you the most. At Smart Strata we pride ourselves on delivering timely, relevant and educational information to keep the strata community abreast of what they need to know and with the intent to make strata simple. By completing our annual survey, you get the chance to contribute to the topics and information that we provide, PLUS, you get the chance to win […]
Smart Strata and our foundation partners Archers the Strata Professionals, Strata Compliance Solutions, Marsh Advantage Insurance and ARC Utilities Management wish you a wonderful holiday season. 2021 has certainly been a tumultuous year as we have aimed to guide strata communities through the myriad of issues faced each day. It has been a year where committees have had to continually adapt with legislation changes, new obstacles created by COVID impacts, and the ever-evolving crisis in the building and housing industry causing angst, delays and considerable cost increases. The only thing certain is that we are all ready for a break! […]
Daily news broadcasts mean that we are continually provided with the latest on COVID cases, new strains and health guidelines. The news can be overwhelming to say the least, however these are the times that we live in and whether we like it or not, we need to consider the impacts on our day to day activities. Body Corporate Committee Members are not immune from these considerations, so I wanted to share what Archers the Strata Professionals has implemented in our Business Continuity Policy that might be helpful when you are forming your own guidelines for your particular strata building. […]
Well, it’s that time of year again – will there be Christmas Cheer or Tears? It is the time of year where we put aside our differences and disputes over dogs barking or the neighbouring apartment smoking. Instead, we take the opportunity to argue about Christmas lights on balconies, parties that run until the early hours of the morning, that same unit taking up all the visitor car parks, and hordes of those visitors taking over the pool area during the day. Whilst obviously the above is an extreme example, it is unfortunate that these types of disputes do regularly […]
The Fear of Missing Out (FOMO) is heightened amongst property owners in South East Queensland at the moment. Growth that we haven’t seen for decades continues to baffle and amaze everyone I talk to. The hot question of course being: “Should I sell now to take advantage of this growth?” Of course, the various responses are tempered by a myriad of issues, including (to mention just a few), whether the opportunist is an owner occupier or an investor, the type of property, whether it has development potential, their age and their emotional attachment to the property. If the property has […]
The Pest Bully are a family-owned business that has been operating since 2008. Our company is experienced and equipped to look after all your pest control needs. Our services include chemical and non-chemical treatments for insects, rodent management and termite prevention and treatments. We believe our clients deserve an unparalleled and The Pest Bully constantly strives to improve and redefine exceptional customer service and live by our motto: We love our job, so will you! Services: Bodies corporate Domestic and residential General pest control Rodent treatment Specialised ant spray Termite treatment Termite and pest inspections Pre-purchase and pre-sale timber and […]
New regulation modules came into effect on 1 March 2021. As with most things new, completely smooth sailing is unlikely in the beginning – there are bound to be a few small waves at first.For the most part, however, judging from interactions the transition has proven to be relatively straightforward. There have been a couple of recurring issues that would be useful to clarify: Giving of documents The enquiries we have received from owners to date suggest that there is some resistance to the body corporate sending documents by email. Under the current regulations, if a lot owner gives their […]
Summertime is historically the peak period for storm season so now is the time to get prepared. Intense weather events can occur with very little notice (if any at all) and when they hit, it is usually with devastating consequences. Storm and particularly cyclone damage can leave a long-term impact both financially and emotionally for those affected most. To help minimise the impacts of severe weather damage, we have put together a list of steps to be prepared well in advance and after the weather event has passed. Severe Weather Checklist: • Register for weather warnings and emergency alerts • If you have large […]
Australian Strata Buildings are Getting Taller Or, so says the Australian Bureau of Statistics … From low rise walk-up strata apartment blocks in the 60’s and 70’s, we’ve seen bigger and bigger strata complexes each decade. But, they’ve also been getting taller and taller as the ABS’ analysis demonstrates. Introduction I’ve written about the advantages of smaller strata buildings before in the article ‘Are Small Strata Fish Sweeter? Or, should we just throw them back into the sea …’ but, development trends in Australia have generally led to developers creating increasingly large strata complexes. It makes sense commercially and from a […]
Can a body corporate “buy out” the building manager? Let me start out by making this observation – sometimes it’s tricky to figure out what someone is really asking. Perhaps because of a language barrier… like the time I went to lunch with my friend Scott to a Japanese restaurant (don’t jump to conclusions just yet) and the French waiter enquired as to whether we would like to try some “sussafricken” wine. I spluttered then muttered “that doesn’t sound very appealing” to which the waiter magniloquently replied “well, the sussafrickens would not agree with you”. After considerably more spluttering and […]
The Queensland Reconstruction Authority has set down guidelines on how the North Queensland National Disasters Mitigation Program will operate. The program aims to help reduce the cost of insurance premiums in high-risk, cyclone-prone areas. Funding for upgrades, new buildings and infrastructure, which comply with resilient homes guidelines, will be eligible to apply for funding through 33 local governments from Bundaberg to the Lockhart River. The fund holds $10 million in available financial assistance with applicants capped at $2 million for one claim and co-contributions required for certain projects. Applications are now open and expressions of interest should be submitted prior […]
Down the vaccination rabbit hole For those who can remember their childhood, Alice in Wonderland was quite the trip. But that mind-bending exercise in pretzel logic is nothing compared with the rabbit hole we are all about to enter with COVID-19 vaccination in strata communities. The Cheshire cat said to Alice, ‘If you don’t know where you are going any road can take you there.’ In the context of COVID-19 in Queensland, at least we now have a road map so we know where we are going as a State. The government has acknowledged that the Delta variation of the […]
A plain and simple explanation of a Gallery Vie clause It really doesn’t exist, unless you think a building manager saying “It’s a simple clause the bank wants that will have no impact on the body corporate whatsoever” is all the explanation a committee ever needs. If you are looking for a more digestible explanation that doesn’t descend into a blow-by-blow recount of a piece of litigation that occurred six years ago, then please read on. There can be significant commercial value in management rights. Many will need to take out finance to fund a purchase of management rights. Just […]
Noosa Council have approved a new law to regulate the ongoing operation of short-stay letting. After a lengthy public consultation process and an extensive legal review, the new law was approved on the 21st October 2021 to come into effect on 1st February 2022. The new law aims to reduce the impacts of short-stay letting on residential occupiers and amenities by addressing complaint processes, code of conduct for behaviour and minimum safety standards for guests. A major component of the law will be the requirement for owners of short-stay accommodation to appoint a manager or contact person who lives or […]
Most strata schemes see residents living in dense environments. When different people are brought closely together, it is not always smooth sailing. A common concern is whether a body corporate can effectively deal with parties and the unruly behaviour that follows. A common misconception is that a resident has a right to the quiet and peaceful enjoyment of their property at all times. This often translates to some strata schemes adopting by-laws requiring that there be no noise after, say, 10pm. The principle of ‘give and take, let and let live’ is applied. An ordinary use of a lot may […]
Getting to know your community management statement All community titles schemes located in Queensland are created by registering a community management statement (CMS) with Titles Queensland, formerly the Queensland Land Titles Registry. If you want to know the rules for living in your body corporate (by-laws), who pays what towards the running and maintenance of your scheme, or if use of any common property is allocated to individual lots, you may want to get yourself a copy. Community Management Statement The CMS is a document that establishes a body corporate once it is registered with Titles Queensland, along with a […]
Our latest round of Community Education Seminars were held all over Queensland this month, delivering the latest information on a wide range of strata-related topics. These topics ranged from committee code of conduct and reasonable decision-making to the insurance/reinsurance pool update in North Queensland, as well as covering issues such as electric vehicle charging stations, bulk utilities and water sub-metering. Hosted by Smart Strata foundation Partner Archers the Strata Professionals, the sessions featured a range of expert presenters who presented their views on these topics. If you missed out on these sessions and want to find out more, follow the link […]
The impacts of COVID have many people rethinking how they spend their money, which includes utility costs such as water. Strata Communities have varying methods of how water costs are charged to residents, depending upon how the infrastructure is set up. The charge method will either be based on individual sub-metered use or per unit of entitlement recorder in the community management statement, which has no consideration to actual use by individual residents. The charge method may be changed to sub-meters if agreed to by the affected parties, or by the local water authority to per unit of entitlement method […]
Recent changes to the AS1288-2021 glass in building standard have set out revised standards for balustrades or barriers as they are now called. To help understand those changes, we asked the resident experts in glass, Beth Pope, Account Manager at O’Brien and Roland Rode, National Compliance Manager at O’Brien® to summarise the changes and what it means for those of you with balustrades/barriers in your building complex. What is a balustrade/barrier? A balustrade/barrier is best described as a low wall forming a parapet to a stairway, ramp, balcony, raised level or change in levels to restrict access. The law requires […]
Can management rights agreements be “topped-up” more than once? It is current industry practice for managers to ‘top-up’ the term of their management rights agreement when it falls below the statutory term limitation prescribed by legislation. It is also common ground and accepted that the total unexpired term of the management rights agreements cannot extend past the statutory term limitation which is ordinarily 10 or 25 years. This article is prepared in response to a number of claims that have been published asserting that management rights agreements cannot be “topped-up” more than once, contrary to industry practice. As this article […]
Who polices compliance with COVID-19 public health directions in a strata community? I had hoped that my reflections on change and resilience would be the last article I wrote on the topic of COVID-19. However, it remains at the front of everyone’s minds with NSW coming out of lockdown, Victoria going into lockdown, and Queenslanders wondering if border restrictions will be eased by the summer holidays. So I propose to answer a question many have asked over the last 18 months: whether a body corporate needs to police compliance with public health directives by occupiers of lots within its strata […]
The Future of Energy in Strata The energy landscape within strata title communities is often overlooked, difficult to navigate, and expensive. The conversation to define your Energy Strategy is more important now, than ever before. What is Energy Strategy in Strata? Energy Strategy for strata title communities (Strata) is the collaborative process of planning, executing, adapting, and managing energy infrastructure, investment, and compliance requirements for the future. Collaboration It is no secret that Strata can be slow and reactive when it comes to making decisions. With the multitude and variability of stakeholders, this is understandable; however, not reason enough […]
Strata rules, by-laws, and covenants have had a bad rap recently. But, they still offer the strata experts and DIY strata owners the best tools to customise [or even hot-rod] their strata buildings to make them perform better than standard models. Vroom vroom … Introduction Strata building rules, by-laws, and covenants are a fundamental part of strata building legal, management and operational structures. But they have been restricted, overturned, modified, and criticised by strata law reforms, Court decisions, and commentators [including me] for while now. In many cases, those outcomes and comments have been appropriate as they reflect a desire […]
We are seeking your feedback on a proposed regulatory framework for licensing of body corporate managers in Queensland. This has been a goal of SCA (Qld) since our inception in 1983. A well designed licensing regime would represent a watershed moment for our industry and create a new era of professionalism in the sector. The survey should take approximately ten minutes to complete, and we ask that you take the time to fill out the survey as thoroughly and honestly as possible. We are seeking feedback from body corporate managers, suppliers and lot owners. We are hoping to get a […]
If you are involved in a strata community with an on-site manager or caretaker, there may come a time when the agreements in place commonly known as management rights, change hands. If this happens, you will no doubt have lots of questions about what the rights and obligations of each party has including time frames. In this article we cover some of the frequently asked questions we receive and provide the answers to assist your strata community in dealing with this inevitable transaction. There are multiple stages of a management rights sale transaction which are usually referred to as a […]
Smoking in community titles schemes (CTS) is the subject of many enquiries received by our information and community education unit. This article aims to provide information to owners and occupiers who may be having a dispute with someone else in their scheme about second-hand tobacco smoke drifting from somewhere else in the scheme. There are a number of things you might want to consider when dealing with this issue in your CTS. Nuisance Section 167 of the Body Corporate and Community Management Act 1997 (the Act) provides that occupiers must not use a lot or common property in a way that causes a nuisance […]
COVID-19 Emergency Legislation Provisions extended for bodies corporate until 30 April 2022 SCA (Qld) confirms that all of the temporary COVID-19 measures currently in force to assist bodies corporate and unit owners to respond to the impacts of the COVID-19 emergency are drafted so that they expire on the COVID-19 legislation expiry day. In relation to the temporary financial relief measures currently in force under the BCCM Act (sections 323A to 323I), section 323I provides for the expiry date for these temporary financial relief measures (the expiry date is the COVID-19 legislation expiry day). The COVID-19 legislation expiry day is currently defined to […]
A good [or great] strata meeting is about much more than just the rules … Knowing and following the rules for running a strata meeting is just table stakes in the meeting and decision game as they’re just the processes and not the objective of a meeting. Rather, good strata meetings need smart preparation, soft skills, and subtle techniques. So here are some ideas about those things … Introduction All strata buildings have meetings as it is the primary way they make decisions about small or big things, routine or unusual events, and, easy or hard issues. Plus, there are […]
When you think of ocean-side properties, what’s the first thing that comes to mind? Is it the smell of the sea breeze? The sound of seagulls circling overhead? The ease of walking down to the beach and feeling the warm sand between your toes? Or perhaps it’s the non-stop struggle of dealing with salt corrosion, excessive moisture and rusting metal? If it’s the latter, you’ve obviously had some experience with oceanside preventative maintenance and the challenges it presents. Managing sea-facing buildings comes with some serious challenges, and it’s essential to understand these from the outset to avoid some potentially catastrophic problems. In […]
Following on from the success of our recent seminars, Smart Strata is pleased to present a new series of Strata Community Education Seminars commencing in early October, to be presented by foundation partners, Archers the Strata Professionals. We’ll be presenting in regions across Queensland including Cairns, Townsville, Airlie Beach, Brisbane, Gold Coast & the Sunshine Coast. Hear from a range of guest speakers, including expert strata lawyers and government representatives plus many more. Topics covered during the seminars will include committee code of conduct and reasonable decision making, committee roles and responsibilities, bulk utilities and an update on the insurance/reinsurance pool. Following the presentations from […]
Industry first complete review of strata insurance – here’s everything you need to know! SCA (QLD) has been consistently promoting how crucial the role of a body corporate manager is to the running of a scheme, and this report has confirmed that. It was revealed that strata managers perform 47 critical functions in the insurance supply chain alone. These cover a multitude of areas including negotiation, claims management and quote services. Some of the key statistics that came out of the report include: In 2020, over 165,000 Australian bodies corporate paid over $830 million in strata insurance premiums. On top of […]
Strata growth in Queensland – which region had the most growth? It’s our favourite time of the year – announcing which strata region has grown the most over the past year. And for the second year in a row the title goes to… The Sunshine Coast which recorded a 2.93% growth in schemes in the past year! Clearly the Sunny Coast is the place to be in Queensland right now – maybe it’s time to pack up and move? Followed by Toowoomba which saw a 2.39% growth, Moreton Bay with 1.8%, Gold Coast and Brisbane with 1.29% and 1.17% respectively, […]
A number of body corporate lawyers have recently published articles claiming that bodies corporate could use by-laws to ban holiday lettings, despite the Body Corporate and Community Management Act (BCCMA) prohibiting such by-laws. The basis for the claim was a recent District Court decision which concerned a complex governed by the Building Units and Group Titles Act (BUGTA). The authors sought to apply the Judge’s comments to the term “residential use” where used in the BCCMA. This article could lead to committees proposing by-laws banning not just Airbnb but all holiday and short term lettings, which could ultimately impact on […]
One of the most contentious issues we see dividing committees and owners relates to car park storage. Requests to install storage structures and enforcement of by-laws when items or structures are put in place without approval, requires careful consideration to maintain harmony. In this article we delve into the common storage request types, terms of approval considered and factors to consider when either approving requests or enforcing by-laws. There are many different scenarios that can occur when it comes to storage in car parks and the war that often breaks out when someone doesn’t get their way. The most common […]
An Annual General Meeting (AGM) must be held within 3 months of the end of a scheme’s financial year. For various reasons, bodies corporate are not always able to comply with that timeframe. When this happens, many apply for adjudication, seeking an order such as ‘permission to hold the AGM out of time’ or ‘an extension of time to hold the AGM’. There is nothing in the Body Corporate and Community Management Act 1997 (the Act) or regulation modules to suggest that an adjudicator’s order is required or will assist when this happens. However, the Commissioner’s office received around 150-200 of these […]
We have seen a significant increase in telecommunication providers seeking to access a body corporate scheme through a land access and activity notice (LAAN) for “Telco Rights”. In some cases the telecommunication providers are using a LAAN to access the body corporate’s scheme to undertake works that go beyond the “Telco Rights”. It is important to be aware that in certain circumstances the body corporate can seek to oppose the LAAN if the body corporate does not want this to proceed, or it is not a genuine “Telco Rights” request. In the article we discuss “Telco Rights”, what they are, […]
My Strata Companion is an Animal – And, I don’t mean they are just badly behaved… Apart from the topical and ongoing personal, societal and legal debates about controls on pets in strata buildings, there’s a group of animals that are exempt from any strata by-laws or rules. So, who are they, how do the exemptions work and how should they be handled? Introduction The issue of pets in strata buildings and the controls that have and are being imposed on them has become a hot topic in the last few years with major cases, strata law changes, reform proposals and […]
From Friday 20 August 2021, 4pm South East Queensland LGAs will have some restrictions eased. These restrictions will remain in the regions until 27 August 2021, and if no further developments occur over the next week they will come in line with the current restrictions in the rest of Queensland. The current restrictions in the Cairns area will be eased as of 4pm 20 August 2021 in line with the rest of Queensland. SCA (Qld) recommends members follow the advice as per the Queensland Health website. If any changes are announced before 20 August, SCA (Qld) will update members as soon as […]
Inside Out Legals Services is the Sunshine Coast’s leading Legal Services Agency offering a wide range of services that aim to ensure you are able to provide your clients with the highest possible level of service. We genuinely wish to make your job easier and will often go over and above what is expected in order to do so. With many years of experience attending to settlements, lodgements and stamping we are friendly, professional, efficient and are there to help you when “time is of the essence”. Ease your stress just a little by allowing our expert team to deliver […]
When planning community education activities, our BCCM information and community education team use data insights and your feedback to identify the issues that clients need to know about. As our data shows maintenance in community titles schemes continues to be a hot topic, in this month’s edition of Common Ground we are exploring body corporate and owner maintenance responsibilities. Maintenance obligations can be affected by a number of factors, including the registered survey plan for a scheme. To make it easier to understand the differences that can arise, included are two articles that discuss maintenance obligations in schemes registered under […]
In November 2018, the QCAT Appeal Tribunal found that Bodies Corporate in Queensland could not ban or restrict lot owners from “holiday letting” their lots or using services like Airbnb. However, in April 2020, a decision of the District Court flipped the Appeal Tribunal decision on its head, leading several schemes in South East Queensland to immediately ban holiday letting. So can all Bodies Corporate in Queensland now ban Airbnb? The Legislation About 99% of all Bodies Corporate in Queensland are established and governed by the Body Corporate and Community Management Act 1997 (BCCMA). The remaining 1% or thereabouts fall under various […]
Earlier this year, new legislation changes came into effect for Bodies Corporate in Queensland. This incorporated a number of changes designed to make the operation of a Body Corporate more efficient, through things like electronic notices and meetings. Unfortunately, what it did not do was make any changes to some of the key issues that Bodies Corporate have been complaining about for years, one of which is smoking. Whilst our colleagues down south have begun to see meaningful decisions and updates to their legislation to incorporate concerns surrounding smoking and second hand exposure, Queensland has yet to catch up in […]
Bodies Corporate must give a hard copy Fire Engineer’s statement to all of the building’s occupants within 60 days… and ongoing. The QBCC have confirmed that all owners AND tenants must be given a full copy of the report within 60 days of receiving the report. Bodies corporate with affected buildings under Part 4A of the Building Regulation 2006, (“the Cladding Regulation”) must be aware that there are ongoing disclosure requirements as per clause 16ZB of the Regulation. Within 60 business days after the fire safety risk assessment is given to the owner of the building (in this case, the body corporate), bodies […]
A prospective unit buyer recently contacted us wanting to know whether it was worthwhile challenging a committee decision to refuse approval for their pet dog. The buyer had the unit under contract and the finance condition was due in a week or so. The contract was otherwise unconditional, so that once finance approval was obtained and notified to the seller, the purchase would be completed. The unit complex was multi-level, with carparks on the ground floor and residential units in the three floors above. Each unit had front and rear balconies. No units had courtyards. The buyer wanted approval for […]
Each year the fees for the services provided by the BCCM Office increase in line with the Consumer Price Index. Changes include fee increases for accessing body corporate records, whether by a lot owner or a non-lot owner. The fees for dispute resolution services will also be increasing including applications for conciliation, final orders and searching for adjudication orders. ACCESS THE FEES HERE To find out more about the BCCM visit their website here. This article was first published by Strata Community Association QLD on 1 July […]
On 1 January 2017 new smoke alarm legislation was introduced in Queensland. The legislation is being rolled out in a staged approach over 10 years, with all dwellings to be compliant by 1 January 2027. The new legislation specifies the type, positioning and interconnectedness of smoke alarms, which are critical factors for an early warning and quick escape. From 1 January 2022, landlords must install interconnected smoke alarms in residential rental properties. When one goes off, they all go off, giving everyone extra time to escape. All other dwellings must transition to full compliance by 2027. REQUIREMENTS: » Smoke alarms in […]
From 6am Friday 23 July, several restrictions will be eased across South East Queensland in line with the rest of the state. These include density caps, capacity limits and fewer COVID-safe plans. Masks: SEQ residents in impacted areas, will continue to wear masks in all settings outside of their homes for another 7 days until Friday 30 July. Indoor premises: One person per 2m2 or 100% allocated seated and ticketed capacity (e.g. restaurants, cafés, pubs, clubs, museums, art galleries, places of worship and convention centres). One person per 2m2 for commercial residential facilities (including hostels, B&Bs and short term rentals). One person per 2m2 at indoor play […]
It’s inevitable that there’ll be strata disputes [or strata differences as I called them in my article ‘Better Ways to Approach Strata Differences’] and they’re not going away in hurry; even with new mindsets and better education. In almost all strata disputes the stakeholders adopt the mechanisms set out in the applicable strata laws and use the government provided facilities and institutions like New South Wales’ Strata Mediation, Queensland’s Body Corporate Commissioner’s Conciliation, Tasmania’s Recorder of Titles, or NCAT, VCAT, QCAT, and all the other CATs. But, given the number of complaints I hear about these government run services, it’s […]
An adjudicator has dismissed an application seeking to prevent, and invalidate, an Extraordinary General Meeting (EGM) from proceeding based on a number of technical statutory compliance issues. The applicant argued that he had “suffered prejudice and unfairness”, due to a number of concerns including: not being provided with written notice of meetings and VOCs; holding meetings without notifying him, even when he was unable to participate in the meeting; not being provided with minutes of committee meetings or records of VOCs; and VOC record were not “full and accurate”. Read on for details and reasoning for the order being dismissed. […]
Committee decisions need to be made on a regular basis to administer the body corporate and its common property. The way in which decisions are made should reflect the priority of the matter to be considered. Factors of urgency and cost are the most common areas of determining the most appropriate method to make the decision. In this article, we explain the different ways in which committee decisions can be made and also bust a few myths on how some decisions purported to be valid, are in fact not. Formal committee decisions can be made in two different ways. Either […]
The Queensland Government has announced on Saturday that South East Queensland will have their restrictions extended for 7 days. SCA (Qld) recommends members follow the advice as per the Queensland Health website. The extended restrictions only apply for the following Government areas Brisbane Logan Moreton Bay Ipswich Redlands Sunshine Coast Gold Coast Noosa Somerset Lockyer Valley Scenic Rim. Townsville and Magnetic Island will have their restrictions eased as planned as of 6am Friday 16 July. Impacted Areas (South East Queensland) For members in impacted parts of South East Queensland (Brisbane, Logan, Moreton Bay, Ipswich, Redlands, Sunshine Coast, Gold Coast, Noosa, Somerset, Lockyer Valley and Scenic […]
Queensland Fire and Emergency Services (QFES) has released its Annual Alarm Management Charge (AMC) for the 2021-2022 financial year. These charges relate to the automatic fire alarm monitoring service it provides, which immediately notifies QFES when a fire system is triggered. Except for the Contractor Service Call Out Charges and the cost of alarm equipment (where there’s been no change), all other fees have increased by around 1.69%. To assist with budgeting, a copy of the QFES 2021-2022 Schedule of Charges can be downloaded here. For more information on the QFES alarm monitoring service, you can visit the website here […]
Electric vehicles are growing in popularity and decreasing in cost. What does this mean for Bodies Corporate? This means that they have a choice: to either confront the issue now or to wait and try and resolve the issue when it becomes ripe. Ideally, Bodies Corporate should have a plan. Put simply by Alan Lakein, “failing to plan is planning to fail.” How many are coming? Currently Australia lags the world when it comes to the take up of electric vehicles. According to the Guardian in 2020, 1.25m electric vehicles were sold in China, 395,000 were sold in Germany and 328,000 […]
Is strata suffering from a leadership crisis… Why is it so difficult to get strata buildings to make decisions on anything but routine or emergency issues? Many strata stakeholders are frustrated by it but there are few solutions. In this article I revisit some older research that considers the idea of finding, cultivating, and encouraging strata champions … Introduction I’ve recently been sent a link to a promotional video by Wattblock that cleverly associates the single juror who turned the other 11 jurors’ votes from guilty to not guilty in 12 Angry Men to what’s needed in strata buildings to […]
One of the most common complaints received in strata management is to do with noise. It’s understandable that in close proximity living, noise has a knack for traveling through ceilings, walls and across balconies. It is only to be expected that you will sometimes hear some noise from your neighbours, pets, and construction or building repairs. However, if the noise is excessive and consistent then you can rest assured that there are efficient ways to solve the problem. The trick is to know who to contact in regards to the type of noise complaint you are experiencing. There are many […]
From 1.00am Friday 9 July 2021, registration for a number of businesses to hold a ‘Check in QLD App’ comes into effect so that collection of data to facilitate contract tracing is in place. This will replace the requirement for COVID19 management plans. Where our clients have leisure and recreation facilities, such as gyms, health clubs, indoor sports facilities, function centres and indoor pools, or if they offer short-term residential facilities (including ST holiday rentals), they will need to register for a QR code for each specific area. Once registered there is a mandatory requirement for the body corporate to collect and […]
As we head into a new financial year and Christmas rapidly approaches it is important to set yourself up financially and budget for expenses you don’t often think about – like body corporate fees. If you own an apartment or are looking to invest in one, you are required to pay body corporate fees, commonly known as Levies, which cover the costs of maintaining common areas, and general management of the scheme. These fees are generally split into two funds; an administration fund and a sinking fund. The administration fund covers general administration, maintenance, insurance and other recurring expenses, while […]
A body corporate must keep particular records and allow certain people to inspect and copy those records. Section 205 of the Body Corporate and Community Management Act 1997 provides for this access, and the regulation modules cover the fees that will apply, a committee’s right to records, and when access to records can be refused. The information and community education unit receives many queries about accessing body corporate records. Accessing body corporate records is also a common topic in dispute resolution applications received by our office. We have compiled a list of the most frequently asked questions to our office to assist bodies corporate […]
From 1am, 29 June 2021, several restrictions will be reintroduced across the state. These include density caps, capacity limits and masks. Some restrictions are only applicable to South East Queensland including the following Local Government Areas: Brisbane Gold Coast Sunshine Coast Noosa Ipswich Logan Redlands Moreton Bay Scenic Rim Lockyer Valley Somerset Restrictions in place for South East Queensland Masks are mandatory in all indoor settings outside of your home, except when eating or drinking or undertaking vigorous exercise. Masks are required outdoors when you cannot physically distance including on common property. You must carry a face mask with you […]
From 1am this morning, several restrictions will be eased across the state. These include density caps, capacity limits and fewer COVID-safe plans. However, these eased restrictions come with further check-in requirements. Indoor premises: Three people per 4m2 or 100% allocated seated and ticketed capacity (e.g. restaurants, cafés, pubs, clubs, museums, art galleries, places of worship and convention centres). Three people per 4m2 for commercial residential facilities (including hostels, B&Bs and short term rentals). Three people per 4m2 at indoor play areas and unattended retail and need to comply with the new COVID Safe Checklist.* Gatherings: No limit on gatherings in […]
Or, stopping hammering by-laws and rules as the one size fits all solution… 25 years ago, I popularised by-laws as a great way to customise strata building operations. But the proliferation of strata by-laws and strata rules since then has gone too far; leading to unnecessary, inappropriate, and invalid by-laws and rules with strata stakeholders placing undue reliance on them to fix strata problems. Introduction You’ve probably heard of Maslow and his hierarchy of needs. But, Maslow also popularised another cognitive theory called the ‘law of the instrument’ or the ‘Birmingham screwdriver’ that says: ‘if all you have is a […]
By-laws remain one of the most consistent types of enquiry we get every day and the enquirers are a very broad church. These enquiries include: – Owners wanting to know what to do about their body corporate breaching them – Resident managers about whether they can enforce by-laws (which they shouldn’t) – Bodies corporate wanting complete reviews (or to check what they have drafted) One of the most commonly misunderstood aspects of by-laws is that the titles office reviews what is lodged before registration. They don’t check them for validity and lots of people assume that if they are registered […]
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BAS and Tax Agent Requirements Tax time is here so it is important to be mindful of the obligations of the schemes, as well as compliance responsibilities for agents. Bodies corporate obligations Bodies corporate are required to lodge tax returns if they have $1 or more in assessable income which is not considered “mutual income.” In this instance, mutual income refers to levies from owners. A tax return will also be required where the body corporate has more than $1,000 in carried forward losses, where PAYG instalments have been paid or when instructed to lodge by the ATO. Non-mutual income […]
A webinar on installation of solar in Queensland was recently held with thanks to Lookup Strata who hosted the session. The presentation focused on the step by step processes for seeking approval to install solar as either a Body Corporate or a Lot Owner, unveiling three brand new flowcharts for each of these scenarios: Installing Solar – as a Lot Owner on Lot or Exclusive Use Installing Solar – as a Lot Owner on Common Property Installing Solar – as a Body Corporate Click the link to download the all three flow charts. To watch the webinar, the session is now […]
Since most strata buildings don’t have home building insurance [as they’re over 3 storeys] and even where insurance exists it is ‘last resort’, they have to sue the builder [and sometimes others to get defects fixed]. So, it’s time we all brushed up on the basics and not so basics of suing for strata building defects. Introduction Sadly, these days if a strata building can’t get all its building defects fixed by the builder [or someone else] it has to sue them to either get damages or send them into insolvency to trigger any home building insurance [last resort] claim […]
Last year we introduced online voting capabilities to provide a compliant option to conform with the COVID-19 Emergency Response Legislation, which modified strata meeting processes during restrictions. Effective use of electronic meetings and online voting including the difference between the two was explained in an article provided by online voting platform service providers we utilise, StrataVote. Further legislative change came into effect on 1 March 2021 adopting long term electronic meeting and voting processes which have since become the new way strata meetings are held, even when restrictions are not in place. The next evolution of electronic voting bringing together video […]
On 21 May 2021 the Federal Government issued a consultation paper [the paper] in relation to the design of the reinsurance pool, where interested parties can make submissions relating to the design and implementation of the scheme. The Australian Reinsurance Pool Corporation will administer the pool under the guidelines, which will be released prior to the pool becoming available by the target date of 1 July 2022. This is only one of the Government initiatives announced recently and the interest around how the $40 million funding, pledged over three years, will work in practice. This funding package is aimed to […]
Bodies corporate embarking on works to common property may assume that if works are undertaken for the betterment of the scheme, it is irrelevant whether the works are classed as maintenance or improvements. However, this article will highlight that this distinction is key in determining the type of approval required under body corporate legislation. This article explains how the classification of works dictates the approval needed and – with the help of recent orders made by adjudicators – sheds light on the hazy and sometimes contentious distinction between maintenance and an improvement. How the distinction between maintenance and an improvement […]
Our latest round of Community Education Seminars were held all over Queensland this month, delivering the latest information on recent legislative changes. These changes relate to committee and general meeting processes ranging from voting rights to nomination entitlements along with many other procedural changes including new disclosure obligations. Hosted by Smart Strata foundation Partner Archers the Strata Professionals, the sessions featured five strata law experts who presented their views on the changes. If you missed out on these sessions and want to find out more, follow the link below to receive a copy of your region’s presentation. https://smartstrata.com/event/strata-community-education-seminars-may-2021/ We would […]
Fire Safety Installations in buildings must be capable of operating to performance standards in the event of a fire. As a building owner, leaser, agent and/or manager of your premises you must know if your building has prescribed Fire Safety Installations and what your obligations are to maintain them. When it comes to your fire-safety installations, prevention through quality services is a better alternative to a heightened risk of serious damage if there is a fire incident. When performing routine maintenance for prescribed fire safety installations, Olympic Fire Services are often met with queries, ranging from what the installations are […]
Committee Members Legal Costs – can you reimburse them? There are a number of very strict requirements that have to be adhered to for a Body Corporate to lawfully pay the legal costs of one or more of its committee members. The recent QCAT decision of Pead v Chambers & Anor (No. 2) [2021] QCATA 3 illustrates how difficult it can be to get it right. The Pead case arose out of a disagreement between the Body Corporate and the operator of the “Miami Rice” Restaurant in the building. The restaurant occupier was using the carpark associated with the restaurant lot […]
Or, why we need a lot more strata managers [and other related change] Did you hear the joke about the strata manager? No? Well, I’ll tell you that joke, but it has an unexpected punchline about strata title sector issues. Warning! This is a semi-satirical piece. Read on to for the explanation of the strata manager version of light bulb joke The light bulb joke explained The ‘light bulb joke’ is a classic joke genre that asks how many people of a certain group are needed to change, replace or screw in a light bulb. Generally, the punch line […]
Pets v. strata buildings in the the sunshine state Strata pets aren’t celebrating in every state yet, as some places [like Queensland] are still making and enforcing by-laws and rules that prohibit pets or impose very strict controls on them. Are they right or are they out of step with laws, social moods, and post-COVID times? Pets in strata buildings have been making a lot of noise over the last few years and things are changing fast in New South Wales and Victoria. I’ve written already about the NSW Court of Appeal decision about pet ban by-laws in Cooper’s case […]
A ‘debt dispute’ is a dispute about the recovery of a debt under the Act by a body corporate from an owner. Generally speaking, a body corporate may commence QCAT or court proceedings to recover debts owed by an owner and, while a debt dispute may be brought to our office for conciliation, our adjudicators do not have jurisdiction to deal with debt disputes. This gives rise to a relatively common question about whether a dispute can proceed to adjudication if the owner has already paid an amount to the body corporate and the owner is seeking reimbursement? Adjudicators’ decisions […]
The Federal Government has this week issued a release stating that more affordable and accessible insurance will be offered due to the establishment of a reinsurance pool by the Morrison Government. The reinsurance pool would cover cyclone and related flood damage in northern Australia from 1 July 2022, and would be backed by a $10 billion government guarantee. The Government has also announced a plan to specifically reduce insurance costs for strata properties, by committing $40 million for the North Queensland Strata Title Resilience Pilot Program, to start in 2022. This solution has been the recommendation of Archers and strata […]
Building defects continue to be an issue, and source of dispute, for bodies corporate. In attempt to address this increasing issue, the new body corporate regulations – introduced in Queensland on 1 March – now place greater obligations on builders, developers and bodies corporate to make sure building defects are identified and rectified in a timely basis. In response to these new body corporate regulations and the increasing number of body corporate building defects, a “Guide for managing body corporate building defects” has been created which provides committee members and body corporate managers with important information on the body corporate’s […]
The COVID-19 Emergency Response Legislation has had amendments passed to allow for the continued response to COVID-19 in Queensland and the references to the 2020 BCCM Regulations which came into effect on 1 March 2021. Strata Community Association (Qld) notes that one of the amended elements is the extension of the timeframe for freezing interest rates to 30 September 2021. This amendments applies for all owners, despite any decisions from bodies corporate to have penalties for late payments of fees. These amendments have officially passed parliament as of Friday, 23 April 2021. All other COVID-19 related legislation body corporate managers are […]
When it comes to fire safety, compliance is essential, not optional. That is why it is integral your building or apartment fully complies with record keeping requirements. As an owner of a building or ‘responsible person’ of the premises, it is your responsibility to ensure that all fire safety facilities, equipment, and devices are maintained in efficient, working order. This is performed through the keeping of accurate records. Ultimately, record keeping assists your building in proving compliance and meeting your legal responsibilities. Records must be logged following inspections, tests, and routine maintenance of any of the equipment items required under […]
It’s that time of year again. On 31 March 2021 the Valuer General issued new values for 25 local municipalities in QLD (see below). You should receive these in the mail or by email depending on your choice of service. Balonne Banana Barcaldine Barcoo Blackall-Tambo Bulloo Burdekin Central Highlands Charters Towers Cook Diamantina Gladstone Gympie Isaac Longreach Maranoa Murweh Paroo Quilpie Somerset Southern Downs Tablelands Toowoomba Western Downs Whitsunday The Land Valuation Overview Reports for each area can be accessed here https://www.qld.gov.au/environment/land/title/valuation/market-reports. Even if there is no change in the valuation it does not indicate that the value is […]
On the 29 September 2020, new regulations were passed under the Body Corporate and Community Management Act 1997, effectively known as Body Corporate and Community Management (Standard Module) Regulation 2020. Effective 1 March 2021, one of the key reforms is Section 181, which includes prompting bodies corporate at the second annual general meeting to consider a motion to prepare a defect assessment report. Noting that knowledge is power, this will enable bodies corporate to understand the construction defects at their scheme early in the life of the building and make informed decisions about their next actions, including: Mitigating immediate or […]
The Australian Apartment Advocacy (AAA) is a not-for-profit agency that is the voice for 2.5 million apartment owners and residents in Australia. Every 2 years they do a survey with apartment owners and they would love to hear from you! Click on the link to find out more about the survey and you will have the chance to win one of three $1000 pre-paid visa cards! The survey closes on Friday 21 May so don’t delay! The survey will take approx. 15-20 minutes and needs to be completed in one go, so grab yourself a cuppa, sit back, relax and […]
The COVID-19 Emergency Response Legislation has had amendments introduced to allow for the continued response to COVID-19 in Queensland and the references to the 2020 BCCM Regulations which came into effect on 1 March 2021. SCA (Qld) notes that one of the amended elements is the extension of the timeframe for freezing interest rates to 1 November 2021. This amendments applies for all owners, despite any decisions from bodies corporate to have penalties for late payments of fees. These amendments are yet to be formally passed, but SCA (Qld) anticipates that happening very soon. All other COVID-19 related legislation body […]
One year ago, on 24 March 2020, the share price for Zoom Video Communications, Inc closed at US$135.18. On 19 October 2020, the price peaked at $568.34. I played a small part in that when I subscribed to its Pro licence a few days after our office closed in response to the developing COVID-19 pandemic in late March 2020. There was an obvious need for remote conferencing with my colleagues and clients. At the height of the restrictions imposed in response to the pandemic, no more than two people could ‘gather’. Every strata manager and committee I worked with quickly […]
The new smoke alarm legislation has been a hot topic amongst body corporates lately with a lot of confusion and misunderstanding of why the legislation has changed, who is responsible for the changes and how can a body corporate implement the changes. With a deadline looming (only 8 months away) it is recommended that body corporates take charge and ensure that their building is compliant and ready for the changes by 1st January 2022. Many body corporates have agreed to engage a service provider to conduct the changes throughout the entire building. This not only ensures every unit in the […]
Renovating property seems to have become an increasingly popular trend over the past decade. Australian television shows have been constructed entirely around the trials of fast paced, high drama renovations. Owners in community titles schemes are not immune to the lure of improving the value of their property investment. Owners need to be mindful that increasing the value or liveability of their home does not necessarily mean they can go ahead and make whatever changes they want. This article outlines what the law says about making improvements to your property. Improvements to the lot As a lot owner you might […]
The ongoing debate about pets in strata buildings has largely been focused on the rules [laws and by-laws] and has ignored the actual issues: the pet, the pet owner, other residents, and, the building. So, here’s some thinking about these human and practical matters. Although there have always been conflicts over pets in strata buildings, it seems that over the last 12-24 months there’s been a significant increase in the attention this subject is receiving around Australia. I’m sure there’ll be plenty more to cover as the regulatory and legal issues develop. But, for now, I want to instead explore […]
Masks must be worn in all indoor settings, outside of your home. Exceptions are when eating/drinking, undertaking vigorous exercise, or in private vehicles. Masks are strongly recommended in all outdoor places where social distancing is not possible. Greater Brisbane Lockdown – 5pm today (March 29, 2021) From 5pm today, Monday, 29 March 2021, Greater Brisbane will go into a 3 day lockdown, ending Thursday, 1 April 2021 at 5pm. Read the full list of restrictions for Queensland here or read the SCA (QLD)’s summary below. Members are advised to recommend to their committees to follow suit and resolve to: Close […]
Covid-19 lockdowns appear to have provided fertile ground for disputes in Queensland Community Title Schemes. Montego Sands [2020] QBCCMCmr 160 is a case in point. In Montego Sands the Body Corporate brought an Adjudication Application seeking orders to restrain breaches of the By-Laws; (a) drinking alcohol and bringing glass into the pool area and (b) relocating landscaping rocks from the common property into the Respondent’s Lot. The Body Corporate issued By-Law Contravention Notices. The Respondent was subsequently spotted drinking red liquid from a clear glass in the pool area. In the case of the landscaping rocks, the ones in the […]
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New Meeting Processes Commence in 2021 Join us as law experts from across Queensland delve into the new strata regulations that commenced from 1 March 2021. These new regulations change committee and general meeting processes ranging from voting rights to nomination entitlements along with many other procedural changes including new disclosure obligations. This session is a must for any strata committee member and will provide you the opportunity to speak directly with industry professionals about managing these changes within your strata community! An open forum will follow with the presenter, who will be joined by Archers the Strata Professionals to […]
The Commissioner’s Office is a unique jurisdiction. A recent decision shows (yet again) the simplicity of the office’s approach in adjudicating strata disputes. In this example, an occupier of a lot was awarded more than $4,000 to repair damage to his car. It is safe to say that had this dispute been ventilated elsewhere, there would have been greater costs involved and the process would have taken far longer than just one appearance at QCAT. If you want to know what happened, read on. The facts are concise (and undisputed): The occupier had a car parked in the basement car […]
What is a Building Defect? A building defect is building work that is faulty or not satisfactory as defined by the Queensland Building and Construction Commission Act. Broadly, work performed must be in keeping with the standards of the Building Code of Australia. Building defects can be either major or minor. A major defect can be described as a defect which carries a risk of damage or destruction to the building or fundamentally affects the use of the building. A minor defect is any defect that is not a major defect. The responsibility for rectifying the defect can fall to […]
One of the key factors that ensures efficient management of body corporate communications is the time and effort placed on effective email management. With email now the most common and convenient method, consideration to the subject, content, attachments, intended recipient, and clear communication of action required has become increasingly important. For efficiency, it is imperative that the recipient receives your email correspondence in a comprehendible manner. This is essential for any necessary actions to be completed without the need for clarification that can cause delays or the possibility of misinterpretations. Emailing is essential in our daily lives and when used […]
Lannock Strata Finance – A Lannock Strata Loan is an unsecured loan to the body corporate to fund strata improvement projects like renovations, defects, green projects and repairs. Lannock will also fund strata insurance, professional services and litigation. Owners enjoy the lifestyle benefits and investment returns of completing the project sooner. And because you aren’t waiting around for a sinking fund to accumulate, you can pay today’s costs and avoid the problem getting worse. Strata borrowing may be particularly beneficial for investors – please refer to your tax adviser. Connect with us here or give us a […]
The new regulation modules updates commenced 1 March 2021, the key changes to these can be broken down into three categories: Committee Matters General Meeting Matters, and Administrative Matters This article will provide advice to owners on all three matters. Committee matters 1. Co-owners of lots can now both be voting committee members for each lot they own, providing flexibility when there is co-ownership of multiple lots. 2. Where there are three lots or more with up to three owners, a minor committee can be formed outside of a general meeting. 3. The maximum number of members to a principal […]
We previously summarised the new body corporate regulations commencing on 1 March 2021. One group of changes includes a number of committee eligibility and election changes. This article delves a little more into the detail of those changes. Co-owners and committee eligibility Previously the regulation module provided that: Unless otherwise permitted under this regulation, only 1 co-owner of a lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. This meant that if there were co-owners who owned more than one lot, the co-owners could not both be on the […]
Ever thought about joining a Body Corporate Committee but not sure what’s involved? In this article we will explain in simple terms, the duties and functions of each position. These positions range from executive members to ordinary members and non-voting members. To add context, we also include a brief background to how the Committee is elected, the minimum and maximum positions required to form a Committee and the general decision making authority level. Committee formation and functions The Body Corporate is required to elect a Committee at each Annual General Meeting from the eligible Lot Owners and/or their eligible representatives. […]
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This article summarises the changes as a result of the new regulation modules, which commence on 1 March 2021. Some changes will depend on the regulation module each scheme is regulated by. Proactive body corporate managers will be setting up new processes and policies to help guide lot owners and committees around these changes. However, if you are a self-managed scheme, you may need to change how you administer your scheme. Read on for a summary of the changes categorised into the following areas: Committee eligibility and election changes. Committee meeting changes. General meeting changes. Disclosure changes. New development and […]
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Adversarial mindsets in strata buildings mean that most differences become disputes to be won or lost; rather than challenges to be mediated to a fair compromise between affected stakeholders. And, that has many negative impacts on all strata stakeholders. Inevitably there will be differences between stakeholders in strata, community, and company titled property complexes. But, it’s not necessary [or desirable] for those differences to escalate into serious and sometimes long-running disputes. So, we need better ways to handle these differences. Strata differences occur because of a combination of – the shared use of space and facilities, the closer proximity of […]
Most caretaking and letting agreements allow Bodies Corporate to terminate if their onsite manager becomes insolvent. Typically, the process of establishing insolvency is straightforward because the onsite manager is (for example) declared bankrupt or placed into liquidation. But what happens if there isn’t a clear insolvency event? Or the onsite manager claims to be solvent when all signs indicate they are actually insolvent? These issues arose for the Body Corporate for the Hub Apartments when it terminated the engagement of their onsite manager based on “presumed” insolvency. The onsite manager opposed this and applied to an Adjudicator to invalidate the […]
The ACCC released their final report on insurance in Northern Australia late last year as the conclusion of a three-year inquiry. The final report delivered 38 recommendations across 592 pages, however, there were a handful that were highly relevant to everyone in the strata sector. The 592-page report explored in detail the strata, home and contents insurance markets and provided insights into the market. Read on for some quick takeaways from the report as background to the 38 recommendations. Since 2011, non-insurance rates have increased in Northern Australia by between 7 and 9 percent. Since 2011, 178 percent increase in premiums in […]
If you are offered a new lift contract at a reduced rate, should you accept it? What could possibly go wrong? This article will provide advice to avoid an expensive mistake. If you are happy with your service provider, if they’re doing a good job and not overcharging you, then it’s quite understandable that you’d prefer to stick with them. As they say, “better the devil you know.” But what if the lift company proposes a fancy new contract for you to sign? Maybe “Premium,” “Platinum,” or “Diamond” cover. The price might seem OK, but how does it compare to […]
As general meetings are the primary means of body corporate decision-making, the provisions regulating them are critical in facilitating effective scheme governance. Some common objectives underpinning the changed arrangements for general meetings in the upcoming body corporate regulations are increased flexibility, convenience and protections for owners, as well as reduced costs for the body corporate. The new regulations are set to commence 1 March 2021. First annual general meeting: inclusion of motions submitted by owners The expiring Standard Module provides a list of matters to be included on the agenda for the first annual general meeting called by the original […]
When planning repairs and maintenance on a building it can be beneficial to consider engaging a company to conduct a building assessment report. A building assessment report can work wonders by giving insight to the “health” of the building and its condition. The report can also help with prioritising the items that are most important such as ensuring compliance is maintained throughout the building as well as help the body corporate make logical decisions to achieve the best outcome. Transparency A building assessment report can play a big role in ensuring transparency is maintained, giving all owners an educated understanding […]
Some features of the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act) that have stood the test of time are the “self-help” remedies to deal with common problems that arise when large numbers of people live together in a dense environment. It may seem pessimistic, but the drafters of this legislation did not expect people to do the right thing all the time. They expected people to be fallible and, for example, to allow their property to fall into a state of disrepair. When that happened, the drafters put in clear and cost-effective remedies to allow a body […]
Due to the Covid-19 pandemic, people have been spending a lot more time in their residential accommodation and consequently, everyone wants a pet! In NSW and VIC, walking an animal became one of the few outdoor activities that were tolerated under the restrictions. For people’s mental health, the joy of keeping a pet in their residential accommodation has been a priority to many. So how does this impact within our Strata world? Basically, more people are seeking to have a pet (or two) within their scheme. As a consequence, all bodies corporate (through their committee) should look at the wording […]
From 6pm, Friday, 8 January 2021, Greater Brisbane went into a 3-day lockdown. Members are advised to recommend to their committees to follow suit and resolve to: close all amenities for the period starting Friday, 8 January 2021, 6pm to Monday, 11 January 2021 6pm. The Committee is empowered to shut down recreational facilities in accordance with Section 18 of the COVID-19 Emergency Response Community Titles Schemes and Other Matters Response Regulations (in place until 31 March 2021). put up signage to encourage positive and safe behavior on common property, including that masks are to be worn outside of private residential spaces […]
Welcome to our first update for 2021, where we recap the newsletter highlights of the crazy year that was 2020. We are sincerely thankful and humbled by your support shown throughout the past year with a total of 377,925 newsletter reads by Smart Strata’s now in excess of 35,000 subscribers! This keen interest inspires us to keep working hard to source and provide the content you want and need to assist with navigating your day to day life in strata. Counting down our top 12 newsletters, you will be provided with some statistics and commentary on the issues that keep […]
Most bodies corporate in Queensland are regulated by the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act). There are a small number of schemes that are regulated by some specified legislation (for example, some schemes located at Hope Island, Sanctuary Cove, Royal Pines and Southbank). There are over 50,000 bodies corporate in Queensland that are governed by the BCCM Act, which deals with issues such as: how a body corporate is created and other development matters; lot entitlements and community management statements; operation requirements of a body corporate; by-law enforcement; and disputes (and the creation of the Commissioner’s […]
The Government has announced the COVID-19 emergency arrangements for bodies corporate will be extended to 30 April 2021, or an earlier date as decided by the Government. This is in recognition of the ongoing impacts of the pandemic on community titles schemes in Queensland. This means that the arrangements will remain and continue until 30 April 2021, or an earlier date. · a body corporate will be unable to charge penalty interest on overdue levies over this period · a body corporate may extend due dates for payment of levies · a body corporate may adjust its sinking fund […]
Introduction In Queensland, body corporate managers have a number of disclosure obligations in relation to any commission, payment or other benefit they receive. Recently, the Queensland Government released new body corporate regulations (Standard Module, Accommodation Module, Commercial Module, Small Schemes Module and Specified Two-lot Schemes Module), which will replace the existing regulation modules on 1 March 2021. There are various changes in the new regulation modules which we will all need to familiarise ourselves with and in this article, we will focus on the changes to disclosure obligations for body corporate managers, committee members and caretaking service contractors (i.e. resident […]
Below are the outlines of changes to committee membership that you need to be aware of if you are thinking about nominating for a body corporate committee after the commencement of the new regulations. Some key changes are: Committee members are not able to receive benefits from the caretaking service contractor or service contractors, Co-owners and family members cannot both be on a committee at the same time unless otherwise permitted under the regulation and A chairperson must call for committee nominations from the floor at an annual general meeting, if prior nominations have not reached the maximum number of […]
If you lodge an Adjudication Application with the Commissioner, be careful what relief you ask for, and how you ask for it. If you get either of those things wrong, then your Application may be thrown out. The recent decision of QCAT in Rolling Rock Nightclub Pty Ltd v Commissioner for Body Corporate Community Management [2020] QCAT 435 has imposed strict requirements on Adjudication Applications. Most Adjudicator’s orders are made under one of two order making powers. First, schedule 5 of the Body Corporate and Community Management Act 1997. Second, under section 276(2) of the Act. Under schedule 5, an […]
At the core of most strata conflict is someone refusing something. For example, the committee refusing to approve a pet, or an occupier refusing to comply with a by-law. Or it is even simpler than that, such as an owner refusing to pay levies or vote at a general meeting. The legalistic approach to resolving these conflicts is a reflection of human nature: defend, or attack, depending on who is doing the refusing. Usually that is based on seemingly sensible instructions, but as I spend more time working with Chris Irons and strata clients to help them get to the […]
Once again, the festive season is almost upon us and with it comes the annual routine of dusting off the barbeque (BBQ), filling up the gas bottle (or buying charcoal) and making your BBQ one of the most loved and well-used (outdoor) kitchen appliances. Unfortunately, with one of Australia’s most iconic pleasures also comes a degree of risk when operating liquified petroleum gas (LPG) BBQs, making the humble LPG BBQ a safety hazard with the potential to cause serious injury and damage. From a strata community perspective, LPG BBQs are a concern to bodies corporates, as the risk of explosion […]
If the common property is going to be used in a way which is substantial, permanent or could interfere with another person’s use of the common property, some form of use right is required over that part of the common (The Lookout [2000] QBCCMCmr 653 and Fountain View [2004] QBCCMCmr 543 have held that). Our previous instalments discussed a number of ways in which use rights can be created, including where common property can be allocated, sold, granted and swapped with owners. One other option is to lease or licence the common property. The option of leasing and licencing is […]
Our previous instalment discussed a number of ways in which car parks in a scheme can be created and swapped. One of those options was the sale of common property by transferring it or granting exclusive use over it. Another option was for the common property to be leased or licenced. This article delves a little deeper into the sale option – and would apply to any part of the common property, not just a car park. Our next instalment will deal with the lease or licence option. In selling common property, there are two ways for the sale to […]
We have recently received multiple queries regarding proposed changes to the regulatory framework for embedded networks and fears that meters will need to be replaced at considerable cost. These queries have been received from committee members within strata buildings that purchase electricity in bulk and on sell to occupants passing on the savings they are able to negotiate with electricity retailers via tender. In this article we set the record straight for all those committees that have previously decided to reduce their electricity costs for their residents by creating and maintaining control of their buildings embedded electricity network. We also […]
Car parking and owners’ rights to their allocated space is a common area of dispute that body corporate committees have to deal with. The entitlement of car park rights escalates when a sale is proceeding and the lines somebody has drawn on the ground usually with good intentions don’t match the plans. With parking also being a premium in strata properties, a common trend is to reconfigure, reallocate or rearrange car parking in a scheme to either generate more spaces, solve access issues or to satisfy induvial owner’s requests. This article sets out some of the important matters a committee […]
Current regulations that apply to motions with alternatives, or motions dealing with the same issue, have caused some contention amongst body corporate residents. In view of this, it may come as welcome news that the provisions on motions with alternatives have been removed from the new regulations that will commence on 1 March 2021. Instead, two or more motions that propose alternative ways of dealing with the same issue will now be categorised – on the agenda and in the voting papers – as a ‘group of same-issue motions’. Under current regulations, where there are motions dealing with the same […]
It’s a concern that is often raised. The committee is considering spending money. The fiscal-conservative on the committee, or the lot owner who disagrees with what it is being spent on, seizes the opportunity to point out that there is no line item for the expenditure in the budgets adopted at the last AGM. They will probably point out that the BCCM regulation module states: “If a liability arises for which no, or inadequate provision, is made in the budget, a special contribution must be raised.” The raising of a special contribution (special levy) can only be approved in a […]
Are you unsure on the role of a body corporate manager as opposed to the body corporate? Strata Community Association (QLD) has created a guide differentiating the roles and responsibilities of body corporate managers and a body corporate. The guide can be kept as a handy reference for committee members and be distributed to owners and residents to ensure that requests and queries reach the right person. This guide was first published by SCA QLD on 24 September […]
Late last week the Government introduced new temporary measures to assist the community titles sector to navigate the complexities of holding meetings, and of managing access to common property and body corporate records in compliance with public health directives. Last week’s changes to body corporate regulations mean that: From 19 March to 31 December 2020, amendments to meeting procedures are permitted to restrict physical attendance, and to allow for remote attendance and electronic voting, to the extent reasonably necessary to comply with public health directives – while the temporary measures are technically only coming into effect now, the changes to […]
After a very long wait, the Queensland Government has today published new BCCM Regulation Modules that will commence on 1 March 2021. For the most part, the changes in these 2020 Regulations simply legitimise many modern practices, such as electronic voting. Importantly, the new Regulations will close a loophole that developed whereby powers of attorney would be “farmed” and used by a single person to control outcomes in general meeting to avoid the restrictions on proxy voting. Other changes may cause a stir. For example, lot owners will be entitled to submit up to six motions in a 12-month period […]
It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others that they wouldn’t usually associate with. When there are differing views in a strata scheme (whether about the standard of caretaking, management, decisions made by the committee, or just disputes between different lot owners) it can often devolve into one side taking their dispute too far and making false or damaging statements about the other. That is where the law of defamation can step in to help. Defamation can take many forms, but by far the most common medium for […]
The Information and Community Education Unit gets many queries about keys, fobs, swipe cards and security access to body corporate buildings or scheme land. The legislation does not deal specifically with keys, fobs or swipe cards. It is important to note there is no explicit entitlement or ‘right’ under the Body Corporate and Community Management Act 1997 (the Act) or any of the Regulation Modules, for access to these items. The information provided in response to the questions is based on various adjudicators’ orders that have dealt with issues about keys, fobs, swipe cards and security access. Adjudicators’ orders provide […]
Strata communities across Australia are adopting technology to help them meet their needs to run the meeting in the modern world that has also been accelerated by COVID-19 physical distancing requirements. The use of electronic voting technology is also in anticipation of long awaiting legislative changes to modernise strata laws in QLD and when compared to outdated meeting procedures currently in place, these changes simply make sense. The uptake of online meetings and electronic voting was previously considered optional, however, it is now part of the way strata scheme meetings need to be run because of the Covid pandemic. So […]
Strata Meetings and Online Voting in the age of COVID-19 Join us either in person or online for a live demonstration of the latest electronic voting technology presented by StrataVote. The agenda for the online meeting demonstration is designed to be interactive as we delve into real world motions ranging from strata regulations that apply to online meetings through to pets, parking, maintenance and finance in the age of Covid, all explained by our panel of expert strata lawyers in down to earth language. An open forum will follow as part of general business just like a real strata […]
Due to the COVID-19 pandemic and an already stagnating economy, it looks like unfortunately, we will continue to face gloomy projections for economic growth in Australia. Low-interest rates set by the Reserve Bank of Australia are set to continue for the foreseeable future. As households tighten their budgets and curb spending, it is likely that we will continue to see negative Consumer Price Index (“CPI”) rates. This will have implications for a range of different industries, and any contracts or agreements where cost increases are set in relation to the current CPI rate. We are already seeing this issue cause […]
To begin with, it is important to realise there are many types of audits. Some of the more commonly known types include: Financial (e.g. Accounting, tax) Quality (e.g. Brand, products, services) Compliance (e.g. WHS, fire safety, environmental) Regardless of the type of audit, an audit is essentially about checking you are doing what you said you will or must do. Typically undertaken by an unbiased external auditor, an audit is helping the organisation, those holding accountability for ensuring compliance, and those with responsibilities to manage compliance, by identifying gaps or breaches that can potentially create harm and liability exposure. Sounds […]
Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved towards the end of the assignment process. If the process is not managed carefully, the rights and obligations of the body corporate can be affected. In this article we discuss the stages of the assignment process, why the body corporate is involved, what rights the body corporate has, and how to help a body corporate in the assignment of management rights agreements. What are the assignment stages? The sale of a management rights business usually involves the following stages: Advertising the […]
As of Saturday 22 August 2020, some COVID-19 related gathering restrictions in Queensland have been reinstated as a result of recent developments. These restrictions only apply to gatherings in private residences and public spaces, which includes bodies corporate, not businesses or parts of communal spaces that may operate under COVID-Safe plans. Gatherings are now limited to 10 people in the following Local Government Areas: Brisbane, Ipswich, Logan City, Scenic Rim, Somerset, Lockyer Valley, Moreton Bay and Redlands. All other parts of the state are limited to 30 people in homes and public spaces, including body corporate premises. Our revised Best […]
It’s an increasingly common, but increasingly disappointing, phenomenon – owners bringing their pets into a Community Titles Scheme before obtaining a Pet Approval. The “conventional wisdom” seems to be that because a Body Corporate can’t refuse a Pet Approval these days (after all by-laws banning pets are void aren’t they?) why not simply bring your pet home and then apply for approval? This approach follows the old mantra of “sometimes it is better to ask forgiveness than permission”. A Noosa Lot Owner who did this recently has learned, the hard way, that it is better to ask (and receive) permission first. […]
Is your building one of the thousands of bodies corporate that contains some form of combustible cladding in Australia? Are you registered on the Queensland Safer Buildings Cladding Register and heading toward the Stage 3b deadline? Are you wondering what to do next? The Building and Other Legislation [Cladding] Amendment Regulation 2018 [Queensland] was introduced as an amendment to the Building Regulation 2006 [Queensland] in October 2018. It essentially outlaws the use of combustible cladding materials in Class 2-9, Type A and B construction in new buildings, and requires removal [or risk management] if installed in buildings older than 1st […]
Planning, organising, and managing a building maintenance project can be stressful and take up valuable time and resources. From organising reliable, qualified, and competent trades to developing a site risk management plan to ensure safe project completion all takes time, effort and skill. Other necessary considerations include knowledge of required building and compliance standards and meeting the expectations of the body corporate. If not planned and executed well, coordinating building maintenance can lead to a tangled web of financial, compliance and possibly even further unexpected maintenance issues. Self-managed projects can lead to unwanted stress and often give a false sense of […]
Communities with embedded networks in Queensland have two choices when it comes to engaging a utility provider to manage their energy supply. They can either be an “exempt seller” themselves and engage a billing agent to manage the sale of energy and other services, or they can appoint an authorised retailer instead. Until recently, there weren’t many authorised retailers operating within embedded networks, but that has changed with the announcement of the new regulatory framework set to be implemented over the next few years. Until the changes come through, communities need to decide whether to go with an authorised retailer […]
Visitor parking or parking on common property is an issue that can be regulated by a body corporate. The ability of owners and occupiers who live in a community titles scheme (CTS) to park on the common property is subject to the by-laws registered for the scheme. Most parking by-laws prohibit owners and occupiers standing their vehicle on the common property without the approval of the body corporate. You would need to check the by-laws for your CTS to find out if your body corporate has a parking by-law. By-laws are registered with the Land Titles Registry which can be […]
This article is a joint publication from the Office of the Commissioner for Body Corporate and Community Management (OBBCM), and the Energy & Water Ombudsman Queensland (EWOQ). This article aims to address some common questions about embedded networks and the requirements for living in one. What is an embedded network? An embedded network is an electricity network between connection points (units, shops, caravans or otherwise) which is not part of the main electricity network. In Queensland, there are the main power and water grids (on-street powerlines and water pipes) which supply utilities to houses, unit blocks and businesses. An […]
Unlike Small Market energy pricing, where tariffs are controlled by industry regulators and consumer pricing is capped, Large Market energy pricing is only partially regulated, and buyers need to be aware of what they are buying. What does that mean to me? Is my energy account Large or Small? What can I negotiate? What costs are fixed? Small or Large Market Large Market customers are also known as Commercial & Industrial or commonly abbreviated as C&I customers in the energy industry. C&I contracts are best negotiated through a tendering process. The definition of Small or Large energy customers is […]
Since the rise of AirBnB, many communities have felt the deleterious effects of short term letting. Conversely, a lesser publicised but equally important issue has stayed in the industry for longer: buildings developed for short term accommodation having to contend with long term tenants. Bodies corporate are frequently told that they cannot restrict how long a person resides in a lot, so it is not an issue that should concern a body corporate beyond making and enforcing by-laws to regulate what people do when in residence. In other words, the body corporate should only be concerned with the behaviour of […]
Completing an Occupiers’ Statement and sending it to the Commissioner’s Office every year sounds easy enough to do, so why does this seemingly straight forward exercise tend to generate so much confusion and angst? In this article, we have answered the most commonly asked questions from bodies corporate with regards to occupier’s statements. I am often asked about Occupiers’ Statements in terms of what are they, who should sign them, what do you do with them, and so on? The below Q&A should provide clarity around the most commonly asked questions: What is an Occupiers’ Statement? An Occupiers’ Statement is […]
Noise issues are likely to be enhanced even more during the COVID pandemic, where there are more people at the building than usual because they’re working from home, self-isolating or vulnerable. Then there’s the thorny issue of how to deal with noise and nuisance issues from the younger members of our strata community. Children and teens might be adorable, but sometimes their behaviours are not. If they’re not at school, or they’re not engaging with home-schooling as optimally as one might hope, there’s the distinct possibility of increased noise and nuisance as a result. After all, what else is a […]
Taking into consideration all elements of the facility management process can be an expensive, and often time-consuming, exercise. One of the most important tasks Facility Managers are faced with is identifying the most cost-effective solutions to issues that may arise. This generally comes down to ensuring the workplace is efficient in its day-to-day processes. There are three elements that should be considered when creating a plan for facility management efficiency: Future-proofing costings Staff and processes Technology and tracking Future-Proofing Costings This refers to costs based on life-cycle and how they will benefit your business. It is important to consider […]
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general position is that; owners are responsible for maintaining their own lots; and the body corporate is responsible for maintaining the common property. However, there are a number of exceptions to the general position and it is these exceptions that lead to disputes. Plans of subdivision Lots in a community title scheme are ordinarily created under a ‘standard format plan’ or ‘building format plan’ of the subdivision. This is determined by the type of survey plan lodged at the […]
Statistics show that almost half of unit fires are started in the kitchen and 43% of all fire fatalities occur in winter. With winter well and truly upon us, now is the time to be prepared, if you haven’t already, by reducing the risk of fires occurring which can lead to loss of property, major burns and even worse, the loss of life. In this article, we have provided tips on how to be prepared and compliant from a Body Corporate Committee member’s perspective and tips for residents to prevent fire hazards within their unit this winter, ranging from the […]
From noon Friday last week, stage 3 of the roadmap to easing restrictions commences with some changes to communal facility management in body corporate complexes. Strata Community Association (SCA) (Qld)’s Guide Return to (the new) Normal, Stage 3 outlines what is important for strata communities to comply with. Non-compliance may result in fines of up to $13,345. You can check out the Roadmap Stage 3 and the SCA’s Best Practices Guide – Stage 3 by following the links. Major Changes from Stage 2 restrictions Spaces below 200 square metres can have one person per two square metres, up to 50 persons at […]
Is your strata property generating income from a lease? If the answer is yes, then you will likely be getting ready to prepare all of your income records for lodgement with your tax return. You will also be gathering all of the associated expenses that are deductible for tax purposes which in most cases includes levies paid! To access your levy statement with tax information you require, there are a few options depending upon your Body Corporate administrator. If you are an Archers client, we provide easy access via our Client Info Portal which can be accessed in a single […]
In 2020, SCA have again partnered with UNSW City Futures to deliver comprehensive data on the strata sector in Australasia. The data this year now extends to New Zealand. This report is an analysis of the state of the strata industry. It includes figures on the numbers of strata schemes (plans) and lots (units), the estimated numbers of people employed in the strata management industry and the estimated value of property owned under strata title. The report contains visual resources with this interactive map showing the historical progression of strata schemes registered across Australia and New Zealand. Click the map […]
If your Body Corporate purchases electricity in bulk and on-sells to the resident or is considering doing so, then this information applies to you. The Australian Energy Market Commission (AEMC) who is the authority that makes and amends rules for the National Electricity Market has finalised the upcoming rule changes for embedded networks. The new requirements for authorisation and registration are the most significant changes for bodies corporate in their roles as embedded network operators (ENOs) and exempt sellers which allows them to on-sell to residents. Under the updated framework, two new roles will be created that effectively replace ENOs […]
One way to resolve a body corporate dispute is to obtain an Adjudicator’s order to compel a person to do something, or to refrain from doing something. But what if the person fails to comply with the order? Adjudicator’s orders will generally fall within one of two categories: Orders requiring the payment of money or Other orders (such as an order requiring a person to remove a sign from their balcony). Money orders An order requiring payment of an amount of money is enforced in the Magistrates Court, irrespective of the sum involved. To start the process the person in […]
Smart Water Metering – providing water metering solutions and maintenance for body corporate owned sub-water meters for residential and commercial properties. Including sub-water metered complexes built before 2008. End-to-end solutions are available for the installation of smart water meters to receiving an invoice. Upgrading to compliant sub-water metering. Property share percentage billing Body corporate all consumption. (BCAC) Proposal for the administration of utility services. (BCAC, water meter billing management). Automatic Meter Reading (AMR) – Automatically collect real-time accurate reads, data and consumption from your water meter. The AMR can send data to a nominated monitoring and billing company. Our team […]
Strata Community Association (Qld) has become aware that while communal facilities are permitted to open again, they all are impacted by the recent Restrictions on Businesses, Activities and Undertakings Direction published on 31 May 2020. Best Practice Guide – Roadmap Stage 2 (Revised) Paragraph 13, Restrictions on Businesses, Activities and Undertakings Direction ________________________________________ A person who owns, controls or operates a restricted business, activity or undertaking must keep contact information about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 56 days, unless otherwise specified. If requested, this […]
As a result of the COVID-19 pandemic, governments around the world have implemented a range of remarkably wide-reaching laws to mitigate the economic impact. In late May 2020, the Queensland Parliament passed legislation altering the way in which Bodies Corporate administer themselves and, in particular, how they recover unpaid levies from lot owners. In this article, we provide an overview of these temporary changes. New Legislation On 25 May 2020, the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 commenced. The new Act makes a number of short-term changes to Bodies Corporate established and governed by the Body […]
Smart Strata’s Community Education Webinar on the topic of COVID-19 Strata Law Changes was held yesterday with great success! The interview-style session was hosted by Archers the Strata Professionals CEO, Nicky Lonergan who was joined by leading strata experts James Nickless (Strata Lawyer) and Grant Mifsud (Strata Manager) who are both executive board members of the strata industry peak body Strata Community Association (QLD). The session commenced with a background into how Body Corporate legislative fits into the overall hierarchy of government to put the recent changes into a practical perspective for the viewers it affects. This background sets the […]
The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings during the COVID-19 restrictions. In summary: The body corporate called an extraordinary general meeting (EGM) to agree on the matters that needed to be decided at a general meeting. To meet COVID-19 social distancing restrictions the committee decided to conduct the EGM without physical attendance. There were some other minor deficiencies with how the EGM was called, and was to be held, that did not strictly comply with the legislative requirements of holding meetings. A group of owners sought to invalidate the […]
On 8 May 2020 the Queensland Premier outlined ‘Queensland’s Roadmap to Easing COVID-19 restrictions’. On 1 June 2020 Stage 2 of easing restrictions came into force. One of the changes brought about by Stage 2, was gyms and health clubs could re-open for gatherings of up to 20 people. Whilst many are cheering about jumping back on the treadmill, the compliance requirements set a high standard for patrons and businesses alike. Bodies corporate are also caught by these compliance requirements – a common property gym is being treated on the same basis as a commercially-operated gym. What are those compliance […]
Strata Community Association (Qld) has developed a new best practice guide for bodies corporate to manage the new requirements in Stage 2 of the progressive relaxation of COVID-19 Restrictions in Queensland. Read on for a copy of the guide covering information on how to hold meetings and the requirements for common areas. SCA (Qld) is concerned about the requirements for body corporate gyms to be captured under the current requirements to provide supervision for social distancing enforcement and cleaning purposes. As this is not normally required, we have inquired with the Chief Health Officer to clarify the circumstances for strata community titles. […]
Life in a community titles scheme comes as a surprise to many new residents. Perhaps the most striking difference is the proximity to others in your scheme. Life in a body corporate means thinking about how your everyday behaviour might affect other occupants. Behaviour that might seem perfectly normal to you – for example, watching a movie late at night with the volume up high, allowing your dog to roam around the communal garden leash-free, or smoking on your private balcony – might interfere with another resident’s right to the peaceful enjoyment of their lot or the common property. Another […]
COVID-19 Strata Law Changes – Financial Relief Measures Explained Join us as Archers the Strata Professionals CEO Nicky Lonergan hosts a discussion with leading strata experts James Nickless (Strata Lawyer) and Grant Mifsud (Strata Manager) as they delve into the implications of the new COVID-19 Emergency Response Legislation. They will discuss the areas of financial relief measures amending the current legislation, answering all of your burning questions about responsibly living with and managing the financial and health impacts of COVID-19 in strata. Questions are able to be submitted prior for specific answers during and post event. All registered attendees will […]
Earlier this week, the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020 was introduced to the Queensland Parliament to amend provisions of the Body Corporate and Community Management Act 1997 (BCCMA) and has passed last night. The purpose of the amendment bill is to “provide measures to alleviate the financial burden caused by the COVID-19 emergency on bodies corporate for community titles schemes and owners of lots included in the schemes.” The amendments to the BCCMA will be in place from the commencement of the Bill and will end on 31 December 2020 which include: Sinking Fund Contribution Temporary Reduction The option […]
Queensland Health released the latest Non-essential business, activity and undertaking Closure Direction (No.9) on 8th May and following the Premier’s announcement of the Stage 1 easing of restrictions, we are awaiting the details of the restrictions. However, as of 13 May 2020, SCA (Qld) has released a guide to make recommendations on the best practice based on current government publications. Note that the easing of restrictions is from 15 May at 11:59pm, which in practice means 16 May 2020. Also from the 8th May, the revised Home Confinement Direction (No.4) came into effect which relaxed rules around visitors and reopened some grades in schools. […]
Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As part of that roadmap, the first stage includes a number of relaxations to take place from 11:59pm 15 May 2020, including gatherings of up to 10 people in pools. Why can pools be reopened? On 14 May 2020 the CHO made the tenth “Non-essential business, activity and undertaking Closure Direction” which: revoked the prior directives which included the forced closure of shared pools. Provided that swimming pools can be used as follows: a maximum of 10 swimmers per pool; […]
Hands up anyone who has ever had a burning desire to better understand what ‘legislation’ actually is and how it gets made? On the assumption there is a sea of raised hands, I present to you a brief – I promise you, there is much, much more that can be said about legislation – Q and A about the topic and particularly, around regulations. Queensland’s community titles sector has heard a lot in recent months about changes to regulations, so it is good to know a little more about them. Q: What is legislation anyway? A: It’s the law, […]
The Queensland Government is providing a $300 million Household utility assistance package to all Queenslanders during the COVID-19 crisis. This is in addition to the Government’s asset ownership dividend package, worth $100 million, and will see households and small businesses receive a one-off utility payment to assist with electricity and water bills. Any eligible household or small business that has an active electricity account will receive a GST exempt one-off amount of either $200 for households or $500 for small businesses. What do residents need to do? The utility assistance package has been made available to account holders including […]
It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place has been a practical issue begging more questions than answers. Why must pools close? The Public Health Act 2005 (Qld) specifically gives Queensland’s Chief Health Officer (CHO) the power to give any direction the CHO considers necessary to protect public health to assist in containing or responding the spread of COVID-19 within the community. On 31 March 2020, the CHO make the fourth “Non-essential business, activity and undertaking Closure Direction” that a person who owns, controls or operates a swimming pool must […]
Chambers Russell Lawyers is one of Australia’s leading construction, litigation and community title law firms, with dedicated practices in Dispute Resolution, Insurance, Debt Recovery, Compensation and Personal Injury law. We are a national specialist in building construction, building defects and strata law. We have a track record of realising the best outcomes for our clients, and we do not shy away from even the most complex and challenging matters in our areas of practice. Connect with us here or give us a […]
These unprecedented times have caused much uncertainty with how to manage the health and financial concerns within our strata communities. To provide the answers to your concerns, we will be hosting a webinar specifically designed for strata owners and stakeholder and are now calling for your input so that we can deliver the most relevant content for you. To assist us with this, we ask that you complete our 2-minute survey to assist with timing, expert presenter preferences, balance of content and attendee interaction and of course what questions you would like answered! Please click the survey link below. The […]
Established 20 years ago, Mahoneys is an independent law firm offering a wide range of property, commercial, litigation and dispute resolution services. Body corporate lawyers Mahoneys dedicated body corporate team acts for some of the largest bodies corporate in Queensland and is one of the only full-service body corporate law firms. This means we can act for bodies corporate on all their legal needs – including day-to-day advice, body corporate and management rights transactions, and disputes. Who we act for Our clients include: Bodies Corporate Lot owners Strata Managers Resident Managers Builders Developers How we help our clients Our dedicated […]
The Queensland Government has announced significant land tax relief measure to assist land tax payers in getting through this unprecedented crisis. The measures apply to land tax assessments for the current 2019/20 land tax year. Many of these land tax assessments have already issued. The measures are: A waiver of the 2% foreign surcharge for foreign entities. If you are already registered as a foreign entity, this waiver will occur automatically. If you are a foreign entity and not already registered, you should register as soon as possible as the waiver may not apply if you are found to be […]
Last Thursday, Deputy Premier Jackie Trad and the Minister for Housing & Public Works, Mick de Brenni announced their solution for Queensland in relation to the federal announcement that tenants will benefit from a moratorium and rent deferral. The proposed Special COVID-19 Protections for Residential Tenants and Owners (“Renter Protection Package”) includes: The ability for tenants to permanently waive rent, without an option to defer No requirement to substantiate to the landlord that a loss in income has indeed occurred An automatic right for the tenant to extend a lease for an additional 6 months (with the reduced or no […]
The Queensland Government’s Non-essential business, activity and undertaking Closure Direction (No.4) directs the closure of “Swimming pools including public pools and pools in shared facilities such as hotels and apartments”, but some members have asked what options a committee has if residents are flouting this directive? Strata Community Association (Qld) recommends clear and appropriate communication from the committee to the residents. It is advisable that a manager alerts the Committee and lets them decide what its course of action is in relation to residents not abiding by the COVID-19 protection rules and subsequently publish this to residents by way of a […]
Strata Community Association National has created template signage for committees to place around their schemes. The posters are aimed at visitors to the building and request they do not enter if they would be in breach of isolation protocols. Avoid infection and spread of COVID-19 Please also remember that the current Queensland Home Confinement, Movement, and Gathering Direction remains in place. This information was first published by Strata Community Association (QLD) on 6 April […]
Recently, Strata Community Association (Qld) wrote to Attorney-General Yvette D’Ath raising several specific body corporate problems that have arisen due to the COVID-19 restrictions. We have subsequently written to the Department of Housing, who oversee the QLD Building and Construction Commission, to clarify how the Government’s Directions impact the work of tradespeople at schemes. Read on to learn about the response received and the interpretation of SCA (Qld). It is our understanding from the AG’s correspondence that caretakers are able to work at a scheme if they comply with social distancing measures. The current Direction in place in Queensland does not define […]
To provide guidance and support during this turbulent and uncertain time, we have put together some answers to Frequently Asked Questions (FAQ’S) we have been fielding from strata committees and owners. Where possible, we have included links to resources from industry professionals and strata industry peak bodies Strata Community Association QLD and National. To assist you with navigating the many areas within strata that are affected by the COVID-19 outbreak, we have categorised the FAQ’s in to the following areas: Levies and Finance Building and Resident Management Meetings Industry Resources Levy and Finance Question Answer Do I need to pay […]
Bodies corporate and residents should consider the impact of COVID-19 on their body corporate, including what steps may be appropriate to limit transmission of the virus and to look after the interests of all residents and workers in the scheme. Bodies corporate and their committees have a statutory obligation to act ‘reasonably’. This means your actions in response to the COVID-19 pandemic need to balance the rights of individuals with the needs of other owners and occupiers and the broader community. Some bodies corporate may consider: reminding all residents, workers and guests of the importance of practising appropriate hygiene (e.g. […]
Whether you’re a landlord, owner occupier, committee or a building manager, here’s what you need to know about preparedness, communication and resident safety during the COVID-19 outbreak. The guide answers many questions unique to strata communities including: Are residents required to disclose to the Strata Community if they are self quarantined or infected? Should I disclose to the Strata Community that I am self-isolating and/or have been ordered to self-isolate? Should I disclose to the Strata Community that I have been infected with COVID-19? What type of Policies may the Committee create? What if I have pets? Click Here to […]
A lot of people are currently looking for somewhere to hole up, for 14 days, away from friends and family to comply with quarantine requirements. The obvious choice with the near death of the local tourism industry, is the cheap (and becoming cheaper) short-term accommodation offered in holiday resorts or business travelers’ accommodation. If your resident manager has just told you of a new 14 day booking for your unit, or the new guests in Unit 204 have not been out for a week and you are wondering about informing your fellow committee members about your suspicions, then read on. […]
Only days ago, the Australian Government urged non-essential gatherings of more than 500 people should be cancelled. Just this morning, that was extended to a ban on indoors gatherings of 100 people or more. On Monday, President Trump called for Americans to avoid social gatherings of more than 10 people. While some may debate whether body corporate meetings are essential, strata communities must continue to govern themselves in the midst of the turmoil caused by the COVID-19 pandemic. But this must be done responsibly, and cognisant that many stakeholders in a body corporate will want to avoid direct contact while […]
Commissioner Chris Irons resigned his role in January 2020. While this brings change to any organisation, the Commissioner’s Office has assured that they will continue to provide excellent service and support for the sector. A recruitment process is undertaken for a new Commissioner. In the interim, Jane Wilson has been asked to be the acting Commissioner. For those who do not know Jane, she has worked with the Department of Justice and Attorney-General for more than 16 years. She has been with the Commissioner’s office for 12 years principally as the Conciliation Manager. Recently, Jane attended the Australasian College of […]
It’s that time of year again. The Valuer General has recently issued new values for 21 local municipalities in QLD). You should receive your valuation in the mail or by email depending on your choice of service. The Valuer Generals latest property market movement report has also been released and can be found here. Read on to review the locations that have been assessed and information about ground for objection. Banana Brisbane Bundaberg Burke Cassowary Coast Cloncurry Flinders Fraser Coast Gold Coast Goondiwindi Hinchinbrook Livingstone Mackay McKinlay Mount Isa Richmond Rockhampton Scenic Rim Torres Townsville Winton Even if there is no change in […]
On 30 January 2020, the World Health Organization [WHO] declared the coronavirus [COVID-19] outbreak a public emergency of national concern. As of 8 March 2020, the number of confirmed cases exceeds 100,000 across 100 countries. Most cases continue to be concentrated in the Hubei province of China. A list of affected countries can be found here and note that the WHO updates this list daily. According to the WHO, common signs of infection include respiratory symptoms, fever, cough, and shortness of breath and breathing difficulties. In more severe cases, the infection can cause pneumonia, severe acute respiratory syndrome, kidney failure […]
Introduction An adjudicator recently ruled that voting papers sent to a body corporate manager were invalid as they were not given in compliance with section 84(2) of the Accommodation Module. Section 84(2)(b) provides that a voter casts a written vote by giving the voting paper to the secretary (by hand, by post or by facsimile) before the start of the meeting. The adjudicator said two voting papers given to the body corporate manager by facsimile and e-mail were invalid because they were not given to the secretary. This has caused shockwaves in the body corporate management industry because it has […]
Getting the basic procedural steps right is essential to the smooth running of a Body Corporate, particularly leading up to the Annual General Meeting (AGM). If these basic steps are not followed or communicated in accordance with the requirements of the legislation, the year end process can be compromised and potentially invalidate the AGM. In the next few articles we will be covering some of the steps that occur on an annual basis for all strata properties starting with calling for Committee nominations which is the first step leading up to and preparing for the AGM. For simplicity we will […]
With the recent heavy rainfall and flooding in parts of Queensland, many of us are washed over with memories of the 2011 floods which left thousands of residents with damaged properties, a mammoth clean-up and in dire need of compensation from their insurers. This event stands as a strong reminder of the importance of strata insurance which provides cover specifically pertaining to strata schemes. It is important to be aware that strata insurance provides cover for common property and the building’s structure. This means that the body corporate is responsible for all common areas and the structural elements of the […]
Also known as Infection Control Cleaning or Cold & Flu Infection Cleaning, Outbreak Cleaning focuses on preventing the spread of germs, such as common colds and the flu. This is done by containing, controlling and eliminating pathogens (a bacterium, virus or other microorganism that can cause disease). Do I need Outbreak Cleaning? While general cleaning is important for maintaining the basic hygiene and the physical cleanliness of your strata property by removing dirt, grime and dust, Outbreak Cleaning goes a step further by killing airborne pathogens, rendering mutations and germ spread impossible. Many strata properties with facilities that pose a naturally higher risk of illness, such as gyms […]
Seneca (one of those famous Roman philosophers) wrote: ‘It is not that we have a short space of time, but that we waste much of it.’ That applies as much to strata disputes as it does to anything else. Everyone has seen big ticket litigation in the Supreme Court on the news, with teams of bewigged barristers and lawyers walking their clients into courts. Strata disputes are not like that. Inevitably, everyone is more emotionally involved in a dispute over a strata issue than they would be in a corporate dispute over money in the Supreme Court. We are, ultimately, […]
Judge McGill famously said “contributions and levies are the lifeblood of bodies corporate in much the same way as taxes are the lifeblood of the state“.[1] What His Honour sought to emphasize is how important contributions and levies are to the successful maintenance and administration of a Body Corporate But what happens if lot owners don’t pay their levies? Worse still, what happens if a Body Corporate is forced to commence Court proceedings to recover unpaid levies? This article includes some important tips and advice when it comes to dealing with levy recovery proceedings. Usual steps in levy recovery proceedings […]
Throughout the year, Lot owners can be issued with several Body Corporate meeting notices. These notices could include information related to Committee Meetings, voting outside of committee meetings (known as flying minutes), Extraordinary General Meetings (EGM) and the Annual General Meeting (AGM). Current legislation specifies these notices must be issued within certain timeframes, which range from 7 – 21 days (excluding postage) from the date of the meeting. This timing ensures that Lot owners and Committee Members have enough time to consider the contents of the notice to make informed decisions. In this article we cover the basics of notices […]
Did you know that property owners and managers have a legal duty under the QLD Work Health and Safety Act 2011 to eliminate or manage electrical safety hazards for your tenants so far as reasonably practicable? This means you may be held negligent and even liable should an electrical incident or injury occur and it can be proven you were attributable. The QLD Electrical Safety Office recognises this obligation can be a daunting prospect for property owners and as such have recently released a new Guide about electrical safety for both owners and tenants to assist both parties in meeting […]
Over the past 5 years, there has been a significant change in technology with “smarter” devices now being installed into apartment blocks. More equipment is using sensors, connecting to the internet and providing real-time monitoring information back to strata committees to help them better manage their buildings. In this point of view, 10 of these “smart building” technologies are examined. Strata energy consultancy, Wattblock, released an “Internet of Things in Strata” Point of View on 21st January 2020 to assist the nation’s strata schemes increase their uptake of smart devices. It provides commentary on 10 different IOT devices which have […]
If you invest in, own or occupy a residential or mixed-use strata building, it likely contains substantial assets, infrastructure, plant and equipment requiring periodic maintenance. Both maintaining and keeping records of maintenance is required for not only the protection of the assets and smooth running of the building, but also in some cases to achieve required safety standards required by law. Timely maintenance completed to standards requires expertise – in both knowledge of the asset itself and time management for frequency of testing and servicing within the required specifications – and this should not be left to chance. In this […]
There is a common myth that orders made by Adjudicator’s are not worth the paper they’re written on. Not only is this myth untrue, but the consequences for non-compliance can be severe. This was the case recently for two individuals who deliberately disobeyed an Adjudicator’s Order over a prolonged period of time. Both were brought before the Magistrates Court and ordered to pay fines and costs of more than thirty-thousand dollars ($30,000.00). This article will discuss that case in more detail, as well as cover what an Adjudicator’s Order is and the risks of non-compliance, both for individuals and Bodies […]
Taking into account the number of calls we receive on the issue, water damage is a hot topic for lot owners and bodies corporate. In doing a bit of basic research for this article, I came to understand that in Australia, water damage insurance claims are a big part of the insurance market. Here’s one report which suggests water damage insurance claims have risen by more than 70 per cent in the last five years. The same report suggests that the average water damage claim is now more than $30,000 – no small amount of money. It has been suggested […]
Welcome to our first update for 2020 as we recap the highlights of our 2019 year of strata newsletters. We are sincerely thankful and humbled by your support shown throughout the past year with a total of 355,316 newsletter reads by Smart Strata’s now in excess of 30,000 subscribers! This keen interest inspires us to keep working hard to source and provide the content you want and need to assist with navigating your day to day life in strata. Counting down our top 12 newsletters, you will be provided with some statistics and commentary on the issues that keep surfacing […]
Strata Communities often overlook the legislative requirements to ensure that the Body Corporate is in possession of a current Pool Safety Certificate. This is not only a compliance issue that attracts fines, but can also put the safety of residents and their children at risk as well as the risk of potential liability on the Body Corporate and its service providers. In this article we answer common questions on certification and provide our top tips for keeping your pool safe. WHAT CAN YOU DO ENSURE YOUR BODY CORPORATE IS IN POSSESSION OF A CURRENT POOL SAFETY CERTIFICATE? Request one from […]
In Queensland, there is no requirement for your Body Corporate (Strata) Manager to be licensed or qualified before they open for business offering administration services. This means service providers who have gained industry qualifications, do so voluntarily as the QLD government does not require any pre-requisite training prior to offering services. If you would like to know the qualifications and associated accreditation that are available to those service providers that choose to participate in strata industry self-regulation and education, read on. The strata industry has an established peak body known as Strata Community Association (QLD) (SCA QLD) who offer 4 […]
The art of civility appears to be dying. When people are willing to sue each other over a bad date, or even over the length of a sandwich, the urge to hit speed-dial to call in the lawyers has never been greater. Earlier this year we reported on a defamation case that cost a tenant $120,000 for an email that was critical of a body corporate chairman which she copied to 16 residents of the Watermark building in Manly, New South Wales. The tenant appealed that decision and won. If you want to know why read on. This is […]
Summer time is historically the peak period for storm season so now is the time to get prepared if you haven’t already. From past experiences, we know that intense weather events can occur with very little notice if any at all and when they hit, it is usually with devastating consequences. Storm and particularly cyclone damage can leave a long-term impact both financially and emotionally for those affected most. To help minimise the impacts of sever weather damage, we have put together a list of steps to be prepared well in advance and after the weather event has passed. Severe […]
Its coming up to Christmas again so the decorations have been dusted off and hung up ready for Santa’s arrival in the coming weeks! Christmas light decorating is a tradition that many enjoy at this time of year however; residents need to be aware that they can also pose fire risks and electrical hazards if safety precautions are not made in advance. There can also be by-laws to regulate decorations, particularly when placed on common property and balconies that may flash all night long into neighbours bedrooms. Read on to hear about our tips to not only stay safe, but […]
Have you ever faced the conundrum of deciding if an improvement such as an awning affects the external appearance of any lot enough to reasonably refuse approval? Or maybe you have been an owner looking to make an improvement to your lot and wondered whether a Committee has authority to grant approval or is it required to be considered at a General Meeting by all owners? In this article we will provide the answers to these questions by delving into the legislative provisions that apply to improvements. We will also look into specific adjudicators orders made when the question of […]
A recent decision of the Queensland Court of Appeal has cast a long shadow over the right of lot owners to install solar PV panels, despite restrictive covenants or by-laws. The court’s decision, while correct at law, opens the way for bodies corporate or developers to effectively ban the installation of solar PV cells. Prior to 2010 it had been a common practice for developers or bodies corporate to put in place by-laws or architectural codes which restricted the installation of solar PV cells, prohibited certain light roof colours, prohibited the use of (typically reflective) energy efficient windows or imposed […]
The Queensland State Governments introduced new Smoke Alarm laws which came into effect on 1 January 2017. The new laws were developed following the recommendations made after the 2011 fatal house fire at Slacks Creek in Brisbane’s south, which tragically claimed 11 lives including 8 children. The full coroners report can be read Here. Almost 3 years into the new legislation and there has been little action taken to plan ahead for the significant smoke alarm upgrades by the deadline, despite many strata schemes likely requiring a special levy to be raised if upgrade costs are not planned. To learn […]
If you’ve been following my articles over the last couple of years, you know I have a friend who became a community manager. She, like all of us, loves it while simultaneously wanting to poke her eyes out. So, normal, right? Much to her amusement I have written several articles about the various scenarios managers – especially newer managers – find themselves in based on my observations of her experiences which in a way are reflections of my own experiences back in the day. Here’s what struck me this week: THAT guy. You know who I’m talking about. That guy. […]
Schoolies week is now officially underway so residents in strata buildings in the many QLD tourist hotspots have seen an influx of teenagers celebrating the end of their high school years. Air BnB properties located in the party zone that provide a teen budget friendly price point and no traditional Schoolies rules most apartment buildings adopt are also bound to see an influx. If your building will be effected by the annual pilgrimage, read on for our tips on how to best prepare. Fortunately, the fallout from any inappropriate and disturbing behaviour will be short lived as the schoolies will […]
The timely payment of contributions and service charges by each owner is essential for the ongoing operation of a body corporate. Regardless of an individual’s personal or financial circumstances, it really is unfair on all other owners if one owner does not pay on time (and in full) any amounts owed. The paying owners end up subsidising the non-payers. As you would expect, Body Corporate legislation contains quite a bit about levies and options to entice timely payments. If you want to know the essential rules then read on. Incentivising and disincentivising To make sure people have an incentive to pay, or […]
Have you ever received a valuation when seeking insurance renewal terms and thought, this value seems way less than what the building is worth? There is a good reason for this common misconception. We will explain the difference between market and insurance valuations and also the basis for preparation of an insurance valuation by a suitably qualified quantity surveyor. Market vs Insurance Valuations The purpose of an insurance valuation (also commonly known as a replacement cost assessment) is to provide an opinion of value regarding re-construction costs in the event of total or partial property damage. Insurance premiums are based […]
Do tenants have the same rights as the owners in a body corporate and what are they? These are common questions of both tenants and owners to the Commissioner’s office. In this article I answer some of the common enquiries to help you understand your obligations. Keep in mind that obligations and rights of tenants and landlords also fall under the Residential Tenancies Authority, you can contact them by visiting their website http://www.rta.qld.gov.au/. The below information is in relation only to the Body Corporate and Community Management Act 1997 (the BCCM Act) and its regulation modules. Q1. Do the by-laws […]
You have been told time and time again that a body corporate cannot make a by-law banning short term letting or Airbnb within its strata community. But a strata community we have been working with closely for almost two years put in place a by-law prohibiting lettings of less than one month as a means of protecting the special residential amenity of their community. The by-law was overturned when the lot owner challenged it in the Commissioner’s Office. The strata community was successful in its appeal, and its by-law has been validated. The reasons given by the appeal tribunal give […]
As a strata manager, I often get questions about a persons actions or behaviour and whether they are acceptable. This is a difficult question to answer and as always in the world of strata, the answer usually is found within the by laws of the scheme in question. This prompted me to think about rules and laws and then more broadly about social etiquette, the rules and customs that dictate acceptable behaviour. So if the by laws are the fourth layer of government for strata, is social etiquette the fifth? Social etiquette is important for an individual as it sets […]
At MYBOS, we empower building managers, owners, and residents with a modern, cloud-based platform designed to revolutionize multi-occupancy building operations. Our system combines simplicity with robust capabilities, offering tailored solutions that streamline building management, enhance resident experiences, and improve overall operational efficiency. Trusted by industry professionals, MYBOS delivers seamless communication, comprehensive reporting, and intuitive tools that simplify day-to-day workflows, ensuring your buildings operate at their best. Key Features Building Maintenance Simplify the tracking, scheduling, and completion of maintenance tasks. Reduce downtime and costs with efficient workflows that ensure every issue is managed effectively and proactively. Data Analytics and Reporting Gain […]
If you have been in strata long enough you may recall that once upon a time a single owner which was often the resident manager, would hold all the voting rights from the proxies they hold for most owners, usually from their letting pool. This practice was stopped when the BCCM act came into affect in 1997 but, did you know that the same practice previously called “proxy farming” has been applied to powers of attorney? In this article we will cover why this is an issue, adjudicators decisions that have been made on this issue and proposed changes because […]
Does your Body Corporate purchase electricity in bulk and then on-sell to residents via privately owned meters? Is your current electricity account issued to you by your Body Corporate or a billing agent? If you answered yes to the above you most likely live in an embedded network. You may be eligible for a rebate that could reduce your overall electricity account by as much as $374. How do I get access to these rebates as a resident I hear you say? We answer this question and more which will assist you in navigating the minefield of electricity regulation and […]
The Queensland Government has released draft regulations with consultation extended to 30 October 2019. This announcement is an update on the recent release of the standard regulation module which we previously wrote about Here. The latest draft regulations include: Standard Module Accommodation Module Commercial Module Small schemes Module Specified two-lot schemes Module The Queensland Government have also released the draft of the BCCM Regulation 2019 which deals with prescribed fees under the Act. What is changing The new regulation modules propose reforms to streamline and modernise procedures, reduce costs and enhance protections for property owners. A summary of changes for each […]
QFES Schedule of charges 2019-20The Queensland Fire and Emergency Services (QFES) is currently in the process of issuing the Annual Alarm Management Charge (AMC) for the 2019-20 financial year. These charges are associated with the automatic fire alarm monitoring services they provide which we wrote about earlier in the year Here. With the exception of the Annual Monitoring Charge, all QFES alarm-related charges reflect an increase in accordance with the current Government Indexation Rate of 2.25%. There has been no increase to the Annual Monitoring Charges including Multiple Alarm and Sub Panels Charges. To help with Bodies Corporate with annual […]
Have you ever noticed a line item in the financial statements listing Committee Payment, Reimbursement or similar and wondered what this amount is for? As strata managers we get this question quite often when it first appears so we thought it would be beneficial to put together all of the answers about what the amount is for, how its authorised and the difference between a payment and a reimbursement; which are often confused as the same thing. Committee Reimbursements We will start of with an explanation of committee reimbursements which is the most common cost we see and has the […]
Imagine running a management rights business for 4 years, doing the work and being paid, only to be told that the management rights were never validly transferred to you. On 10 July 2019 Adjudicator Barry declared that body corporate committee resolutions from 2015 consenting to the transfer of management rights were void. Accordingly, the current management rights operator did not own the management rights, despite having performed the caretaking duties, and having been paid for doing so, for almost 4 years. The Adjudicator’s decision was the latest in a line of decisions dealing with the management rights for Allure Apartments […]
Smoking in strata and the regulation of this activity within a community title scheme has been written about extensively for a number of years. In this article we will summarise the takeaway points from those prior publications and delve into the growing trend of vaping, including the legislative definitions. We will provide clarity on whether or not vaping and similar ways of creating smoke drift from one’s mouth that affects other residents in a strata property is treated the same as traditional cigarette smoke. First, let’s recap what has already been said about the legalities and enforcement options of cigarette […]
If you are currently experiencing defects in your building, no doubt you will need some answers to the many questions that arise managing building defects which include: How does the QBCC works? What are the different defect category types? What are the body corporate statutory obligations with respect to maintenance and repair of common property? How does the body corporate obtain the information it needs to assess defects? How long are the limitation periods? Should we sue or not sue? Read More All of those questions and plenty more are answered in the only guide published by expert body corporate […]
There is a serious side to operating and maintaining high bather load swimming pools and spas such as those in Strata Communities. An incorrect water balance, poor filtration or insufficient sanitiser can cause bather discomfort, skin irritation, pool staining, dirty water and illness, and lead to potential risk from complaints and worse still litigation. Do you manage pools that have high bather loads? with a high percentage of use by children below five years of age? with a water turnover time in excess of six hours? wading pools, spas or hydrotherapy pools? with shared filtration and water circulation systems? If […]
With the state of residential strata development currently a hot topic nationally, it is important to gain an overall understanding of each Capital City Metro market’s development pipeline. The PRDnationwide Strata Development Pipeline Capital City Metro Areas September 2019 aims to provide a high-level view of total, proceeding, and deferred/abandoned strata developments, both in terms of number of projects and number of units/apartments planned for the market, between 2018-2020. Read more Key findings include the following Total development pipeline of over 360,000 apartments and units in Metro markets nationally between 2018-2020 The percentage of strata projects proceeding Nationally from 2018-2019 […]
Rochele was established in 1975 by Rocco and Michele Festa who cleverly combined their names to form “Rochele Painting”. Rocco has since been 3 times president of the Queensland Master Painters Association and has passed much of his industry and business knowledge onto his three children and a management team who are now responsible for Rochele daily operations of the business. From humble beginnings Rochele Painting was once operated from the family home. Through dedication to outstanding customer service the business has grown in size and reputation to become Queensland’s premier painting company. Residential Painting We’ve built a reputation for […]
A District Court judge once described Queensland’s strata legislation as “incomprehensible as it is over-prescriptive”. It is this legislation that aims to govern and regulate all of the competing interests that take hold in a community titles scheme. It should come as no surprise that in this mix we regularly see fictions about how the strata industry works paraded around as facts. We will try to dispel some of them here. 1. A body corporate manager cannot charge for time spent working with the lawyers in a levy recovery action – FICTION An administration agreement will usually have a base […]
One of the most common complaints received in strata schemes is to do with unwelcome noise, which can be understandable when living in close proximity. Noise has a knack for traveling through floors, ceilings, walls and across balconies. It is only to be expected that on occasion you will hear some noise from your neighbours, pets, and often during building repairs. However, if the noise is excessive and consistent then you can rest assured that there are efficient ways to tackle the problem. The trick is to know who to contact to effectively address the type of noise problem you […]
Most of my articles focus on rights and responsibilities for owners of lots in a community titles scheme. On the other side of the coin, what about the implications for the sale or potential sale of a lot in a scheme? Firstly, there’s no requirement under the Body Corporate and Community Management Act 1997 for a lot owner to have to seek the approval of the body corporate to sell their lot or to put their lot up for sale. There is also no obligation for the owner to inform the body corporate of their intention to do so. Naturally […]
We get many questions in the Information and Community Education Unit relating to bodies corporate that are in a layered scheme arrangement. We have developed 4 new webpages to help you understand what a layered scheme is, how to create a layered scheme and how to run a layered scheme. There is also a page offering help if a dispute arises in layered scheme. What is a layered scheme? Creating a layered scheme. Running a layered scheme. Disputes in a layered scheme. This article was contributed by Chris Irons, Commissioner for Body Corporate and Community […]
Coinciding with our upcoming community education seminars, draft regulatory changes have been announced by the Queensland Government and community consultation on the draft changes commenced. In this update we have provided a list of the areas of proposed changes with access to full details published. We encourage all stakeholders to review these proposed changes and consider how they will affect you and your strata community. You will have the opportunity to have your say with information on how contribute included and also encourage you to come along to our next round of seminars to find out more from the experts […]
In December 2017, new national metering rules took effect that have created greater market competition and increased innovation in product design and service delivery creating better options for everyone. Which is a good thing! But there’s a catch… If you have an old-style asbestos or timber particle backing board in your switchboard box and/or porcelain fuses, it’s no longer suitable. It will cause you issues when you need to upgrade to a new digital smart meter. WHY? – Old style switchboards are not compliant with the current standards required by any potential new energy provider. Smart digital meters need to […]
I know that obtaining the required type and amount of body corporate insurance is proving to be a challenge for some bodies corporate, particularly in North Queensland, where cyclones and other severe weather events are having a major impact on both cost and availability of cover. For an overview of insurance obligations for a body corporate, please click here. Essentially, a body corporate must insure each building in which is located a lot included in the scheme, for full replacement value. Where a body corporate cannot comply with this requirement, body corporate legislation provides that I may authorise a form […]
To register click the event in the list of dates and locations below: Strata Law Reform – Legislation Changes for 2020 Explained If you’re wondering about what issues are affecting the strata industry in your region, come along to our next round of informative education sessions. Strata Law experts Jason Carlson of Grace Lawyers and James Nickless, Legal Counsel for MaxSoft Group, will explain changes to Strata Laws likely to be put to parliament for adoption in 2020. These changes deal with modernisation of procedural matters and provisions addressing areas of common dispute, such as: Pet and Smoke Free […]
The subject of easements, particularly statutory easements, can be a significant issue for bodies corporate. So what do we mean by a ‘statutory easement’, exactly? Well, an easement can be thought of as the right to enter or use a section of land for a particular purpose by someone who is not the land owner and so would not normally have that right of entry. As you’d expect from the above there are several types of easements and they might include things such as giving a right-of-way (people are allowed to pass through a property on a defined strip of […]
Law can be a very dry occupation. As long as you are not on the receiving end of them, some of the lines in legal judgments can be somewhat amusing. The background One of the best judgments in recent times was the striking out of the bulk of Mark Latham’s defamation defence, but the judgment in this decision started with: ‘In his notes for a law lecture dated 1 July 1850, Abraham Lincoln wrote: Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, […]
The Australian Energy Market Commission (AEMC) recently finalised a range of proposals that will change the way in which electricity can be supplied in ‘embedded networks’ – an electricity supply arrangement that is common in strata properties also known as bulk electricity purchase. In this article we set out the key proposed changes, timeframes, transition provisions and what this means for strata. 1. What is an embedded network? Most Australians are supplied energy in what has been called a ‘standard supply arrangement’. Each electricity customer is connected directly to the poles and wires of the interconnected electricity grid and […]
Mutuality principle – what does it mean? The mutuality principle is a legal principle established by case law. It is based on the proposition that an organisation cannot derive income from itself. The principle provides that where a number of persons contribute to a common fund created and controlled by them for a common purpose, any surplus arising from the use of that fund for the common purpose is not income. The principle does not extend to include income that is derived from sources outside that group. Body Corporates & Income Tax A Body Corporate is generally treated as a […]
Ever get a feeling of abandonment? It might not seem like an obvious body corporate issue, but abandoned vehicles are – judging from enquiries my office receives – a topic of increasing interest for bodies corporate as well as other owners. It’s easy to understand why: a car abandoned on common property for a prolonged period is taking up a car space, as well as likely causing an eyesore. There might also be safety concerns. Under the Body Corporate and Community Management Act 1997, there is no express provision about abandoned vehicles. There are, of course, by-laws in relation to […]
Right of access to lots Many bodies corporate are mistaken about their rights to access lots. There is a right to access a lot only for specific purposes and in accordance with the Act. If you want to read an appeal decision about whether a body corporate acted reasonably in accessing a lot, then read on – and before you think this is just a body corporate issue there is a bit in this one for management rights operators about working with heights and the related work health and safety issues… This dispute was all about accessing a garden area […]
Sedgwick building consultancy division (formerly known as Sergon Building Consultants) was initially set up in 2002 to service the Insurance Industry for Forensic Building Inspections. Under the Sedgwick brand, we now form part of the largest claims management business in the globe today. From the beginning, we established a team of Builder Qualified Consultants to perform investigations into Building defects. To this date, the Sedgwick Building consultancy division team consists of more than 100 staff skilled and qualified in various fields of speciality including Building Consultancy, Forensic Engineering, Quantity Surveying, and Construction Management. Sedgwick are the sole provider of Home […]
While my Office provides dispute resolution services to Queensland’s community titles sector, we are not a compliance agency and what this also means is that we don’t undertake enforcement activities. In practical terms, this means that my Office is not the “body corporate police”. We don’t have inspectors going out and conducting audits, checking for compliance with the legislation, or issuing fines or other penalties. I know from speaking at seminars and other public forums that there are some stakeholders who are surprised at this and who would prefer it to be otherwise. Whether this is a good or bad […]
Vegetation Management Plans – Resolving Tree Risks A significant value-add for both visual amenity and landscape character, trees are also generally protected by local government law to enhance sustainable urban design. This broad objective has undoubtedly important community benefit, but at what challenge to the manager of outdoor spaces containing those features? Public safety, damage to infrastructure/buildings and ongoing property maintenance are all at-risk depending on the type and proximity of adjacent vegetation. Those risks can however be pervasive, which (evidently) makes them easier to tolerate until they become overwhelmingly problematic. The scale and complexity of these problems is also […]
Legal Action Limitation Periods Explained – Are you running out of time to sue your neighbour? Whether it is taking on a developer for imposing an unfair caretaking agreement on the community or suing your neighbour for something terrible they said about you in that email sent at 10.47pm on a Saturday night – there is a deadline by which any legal action must be taken. Lawyers call this a limitation period. The law recognises that people are entitled to finality and that it is oppressive, even cruel, to allow an action to be brought long after the circumstances which […]
The Indecisive Committee We’ve all been there. Wading through hours of Committee meetings where decisions that need to be made just don’t get made. Important and often surprisingly unimportant items tabled for weeks, months… Sometimes years! Pretty soon the Business Arising section of the agenda has a list of 25 items! Ugh! Why is that? And what can we do to help our Committees along in making decisions? I’ve put together some standard causes of Committee paralysis and how we can (maybe) help them move through it for their and the community’s sake. The major roadblocks to action Lack of […]
Strata Titles – Australia’s Least Known Export Product! Strata titles was first introduced in NSW in 1961 to replace a range of apartment ‘ownership’ schemes which arose during the post-war housing crisis in the 1950-60’s, the main one being the ‘company title’ scheme. The NSW strata titles system spread rapidly throughout Australia. Queensland enacted the same legislation in 1965, Western Australia in 1966, Victoria in 1967, South Australia in 1969, with Tasmania, the Australian Capital Territory and the Northern Territory following in the 1970’s. The spread of strata titles overseas is interesting in that it occurred in both common law […]
Electrical Safety Compliance – Switchboard Inspections and Safety Switch Testing The inspection of main switchboards and testing of communal safety switches is something that we too often see has been overlooked by strata building owners. Not only can lack of inspection and testing be a compliance breach, it can also contribute to major safety hazards that can be avoided. Many older buildings will not be up to the current Australian electrical safety Standards if they have not been upgraded and may even have potential hazards if they have not been periodically inspected and tested. Australian Standard (AS 3019 -2007) refers […]
Visitor Parking – Who is a Visitor? You might wonder why the question of who is a visitor matters, and if you do, you are in the strata minority. The ostensible abuse of visitor car parking privileges is the trigger for an enormous amount of body corporate angst. Interestingly enough, the BCCM Act does not define who a visitor is, so we are left with dictionary definitions and adjudications (and perhaps even a dose of common sense, as scary as that may seem to be). Let’s start with the basics. The by-laws You need to have a lawful visitor parking […]
Strict v Substantial Legislative Compliance – Myth Busting! The unwieldy and often complex nature of the Queensland strata legislation provides plenty of stories, which can lead to the creation of a myth! Following on from co-presenting with Commissioner Irons at the Southport Sharks last week, I thought it might be interesting to discuss one of the most prevailing myths – there must always be strict compliance with the strata legislation! As most are aware, members of bodies corporate (as well as the committee who serve the lot owners) are made up of ordinary members of the public. They are not […]
End of Financial Year – Time to Get Ready! With 30 June 2019 almost upon us, preparations turn towards what needs to be done to be ready for the end of the financial year. In this article we provide some ideas and tips that might assist with your end of financial year housekeeping, starting with rental property deductions and other areas of ATO scrutiny, including use of social media to confirm rental availability and Air BnB advert data matching! We will also go over a few other areas of change to look out for in the following topics that may […]
QBCC Contract Requirements The QBCC (Queensland and Building Construction Commission) is Queensland’s building industry regulator. Established under the Queensland Building and Construction Commission Act 1991 (QBCC Act), it provides information, advice and regulation. That includes resolving defective building work disputes, providing insurance to protect homeowners and licencing contractors. Under the QBCC Act, all contractors performing work over $3,300 in value must hold a QBCC licence. There are strict penalties imposed for a breach, which can include a fine and/or loss of licence where there have been persistent breaches. When is a contract needed? If commercial work is undertaken on a […]
Transferring money between funds Questions regarding what the body corporate can do when there is not enough money allocated in a certain fund, in particular the transferring of money between the administrative fund and the sinking fund are common in our Office. In this article we will briefly touch on what are funds, how funds are raised and whether money can be transferred between funds. What are funds? All bodies corporate have expenses. The legislation requires bodies corporate to plan for these expenses. The money that owners contribute to the body corporate, or that the body corporate receives from other […]
Engineering and Building Consultants – Buildcheck and Silveira Consultants Buildcheck and Silveira Consultants have developed an in depth understanding and appreciation of the complexity confronted by Strata when faced with competing building maintenance items and at times, internal disputes within committees. The solutions we provide to Strata Managers and Committees are customised to the specific needs of the individuals involved – whilst 2 buildings may look identical, the needs of the owners will almost certainly vary. If your building needs work at any stage of the project from initial inspection, to assisting a deadlocked Committee, to scoping and managing the […]
Most of our articles are Queensland centric. This one is effectively national, because while defamation is something that our constitution deems a State issue, each State has adopted the same defamation legislation. So, while this case was decided in NSW, its implications and findings are national. Defamation has been in the media a lot lately, particularly with Rebel Wilson, Alan Jones and Geoffrey Rush. This dispute isn’t quite at the same level, but in a strata context it is very interesting. The facts The facts are (distilled down) very simple: Both chairperson and tenant lived in a strata building; There were two […]
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Commissioners Corner: Removing and Replacing Committee Members – FAQ’s We get a lot of enquiries about the process for removing and replacing committee members. While the FAQs in this article provide some general information about these topics, it’s worth saying that merely removing and replacing a committee member is not necessarily going to solve all problems. We’d suggest taking the time to also think about the underlying issues at play and whether a new person in a role is going to address them. Please note that all responses provided apply to the Standard Regulation Module. You should check the regulation […]
Letting it Go – Not Giving Up! “Some people believe holding on and hanging in there are signs of great strength. However, there are times when it takes much more strength to know when to let go and then do it.” – Ann Landers Over the past 18 months or so, I’ve had a spate of friends, both personal and professional, go through very rough patches in their lives. Divorce, separation, down turns in business… you name it. When I am asked, I try to give each of them thoughtful feedback and advice. In each case, the advice boiled down […]
Short Term Letting & Insurance Premium Increase Disputes Have you ever wondered what happens when a lot owner starts short-term letting and it affects the ability of the body corporate to get the required statutory insurance? If so, you might want to read this story about a dispute between owners of a two-lot scheme in North Queensland and what an adjudicator decided about those particular circumstances. We have previously written about the statutory insurance requirements for bodies corporate. The facts of this insurance dispute were relatively simple: ‘Beach Meet’ is a two-lot scheme regulated by the Small Schemes Module. One […]
Cladding Stage 2 – Extended to 31 July 2019 SCA (Qld) has achieved an extension to 31 July 2019 on Stage 2 of the cladding regulation, which will greatly assist the 5,026 buildings to comply with the provisions of the BCCMA. Read the Media Release here. Pressure from SCA (Qld) in the media and through other government representatives (including Deputy Premier Jackie Trad) resulted in a meeting with the Department of Public Works and the QBCC, where we achieved a relaxation on some critical timelines and the way stage 2 is assessed. The government announced that: A blanket extension of two […]
Email Etiquette – hints & tips One of the key factors that ensures efficient management of body corporate correspondence is the time and effort placed on effective communication. With email now the most common and convenient method, consideration to the content, supporting documentation, intended recipient and clear communication of action required has become increasingly important. For efficiency, it is imperative that the recipient receives your correspondence and its content in a comprehendible manner, so that any necessary actions can be taken without the need for clarification causing delays or possibility of misinterpretations. We have put together some common tips on […]
Community Education Seminars – NQ Wrap Up and SEQ Registrations closing soon! Our latest round of Community Education Seminars were held in Cairns and Townsville last week delivering the latest information on the North QLD Insurance Readiness Program and a Strata MythBusters session busting many common misconceptions in the strata industry. If you missed out on these sessions, you can find out more on the North QLD Insurance Readiness Program by attending a webinar being held later this week. We also head to South East QLD later in the month to continue on the MythBusters sessions in all 3 SEQ […]
Cladding Compliance – 29 May Stage 2 Deadline Looming Building owners required to respond to the Queensland Government’s new combustible cladding regulations have been forced to remain passengers on the cladding ‘compliance bus’, even if their properties have been cleared of potentially hazardous materials. The Queensland Building and Construction Commission (QBCC) has recently indicated more than 4,300 QLD building owners will now need to complete stage two of the compliance process by the 29 May 2019 deadline. This deadline may have been extended if an application for an extension was submitted by 1 May 2019. While many building owners have […]
Leasing Common Property Bodies Corporate can’t carry on business, but they can still make a buck – one way is to grant a lease over part, or even all (!) of the Common Property. A lease can be granted to anyone, whether owner, occupier or third party… Leases are legal documents under which the Body Corporate, as lessor / landlord, grants an exclusive right of use and occupation of common property to a third party, the lessee / tenant. A lease may be periodical (i.e. month to month) or for a fixed term (i.e. three years). The lease must be […]
Fight Night or Fight Nice? To state the obvious: There is a lot of incivility and conflict in Bodies Corporate. Why? Long ago, I recall a senior strata manager telling me something like this: “Body Corporate meetings almost always lend themselves to arguments because, just like a marriage, money is involved.” Ha! Well, that’s true, but a lot of conflict between Committee members and owners has to do with a lack of policy on Body Corporate communications. Add to that inadequate advocacy skills, no repercussions for bad behaviour, the social media environment, ego, frustration and certain psychological disorders and you […]
Power of Entry – With Great Power, Comes Great Responsibility The statutory power of entry conferred on bodies corporate is significant. It permits authorised persons of the body corporate to enter somebody’s home, without their consent, upon having given at least seven days’ notice of the proposed entry. It is therefore imperative that when exercising its power of entry that a body corporate complies with the requirements of section 163 to ensure its entry is lawful. So, what are those requirements and how can a body corporate ensure its entry does not amount to trespass? How is the power exercised? […]
$100 Electricity Asset Dividend – Part 2 In April 2018 The Minister for Natural Resources, Mines and Energy announced each household will receive $100 electricity asset dividend. This dividend is to be paid by two $50 instalments over a 2 year period, with the second instalment to commence in April 2019. The prior update we released can be read HERE and the latest update from the Government can be read HERE . As a recap, if you receive your electricity bill direct from a retailer, you will receive your second $50 rebate from 30 April 2019. There’s no need to apply—the […]
QLD Statutory Valuations – Objections and Townsville Options New Statutory Valuations recently announced across Queensland – Disagree with a valuation? Object. With the deadline to lodge an objection fast approaching, the Queensland Valuer General has recently issued new values for 18 local municipalities across the state. The areas affected include; Brisbane, Burdekin, Cairns, Etheridge, Gympie, Ipswich, Lockyer Valley, Logan, Longreach, Moreton Bay, Noosa, North Burnett, Redland, Somerset, South Burnett, Sunshine Coast, Weipa and Western Downs. Anyone wishing to challenge an area’s new Statutory Valuation, have until Monday 7 May 2019 inclusive. Following this date there is no further chance to object […]
Community Education Seminars – South East Queensland Registrations Open! Strata Mythbusters! – Open Forum Commissioner Chris Irons and strata law experts Frank Higginson of Hynes Legal (Sunshine Coast) and Juliette Nairn (Gold Coast) will test the legalities of common strata Myths we often hear about, leaving plenty of time for you to ask them to test any Myths of your own! The open forum will discuss the 5 “P’s” in strata that often lead to disputes – Pets, Parking, Parties, Passive Smoking & Pests (the human kind!) guided by audience interaction. There will also be local suppliers on hand during […]
Strata Law Reform Attorney General announces no change to Lot Entitlements Attorney General Yvette D’Ath opened the Strata Community Association QLD (SCA) annual conference last month and announced that the government will not be making any changes to lot entitlements. The announcement is in response to the Property Law Review recommendations completed by the QLD University of Technology (QUT) which we previously wrote about Here. The Attorney General advised that there has been little to no stakeholder support for the QUT recommendations on changes to the establishment and adjustment of Lot Entitlements. She also advised that the Governments position is […]
Statutory Review of Management Rights Agreements Any management rights agreement is a contract, and like any contract it is binding on both parties to it. The only way to vary a management rights agreement is usually:- 1. by agreement between the parties via some form of commercial negotiation, where neither party is forced to agree to anything unless they want to; or 2. through a lawful mechanism under the agreement itself (like a market review of caretaking remuneration), which might set out how a disagreement is dealt with via through the decision of a third party. Under the BCCM Act […]
Annual General Meetings – Part Three: More Top Tips You may be aware that I have been doing a series of articles about annual general meetings (AGM), with the first part clarifying the basics of process and timeframes and the second part providing some meeting tips. This third part continues on from my part two article, providing more tips around the AGM. As was the case with the previous articles in this series, this is general information only and particularly when it comes to the “tips”, it is not legal advice. Remember also that each situation and scheme is different, […]
Withdrawing Motions As Body Corporate Managers, we are often requested to provide procedural advice on common meeting administration matters, either prior to or when attending meetings. Many of the meeting procedures are specified in the legislation, which we are trained to navigate. However, there are some not so common scenarios such as when a motion is to be withdrawn at the Annual General Meeting (AGM), which the legislation does not specifically cover. In these circumstance of the legislation being silent, we draw on our experience previously dealing with similar matters and how it may have played out when disputed. By […]
Conflict Management I know it’s a shock, but, there’s a lot of conflict in community management. Some of the most difficult, from a manager’s point of view, is that which arises between Committee members. That conflict can be very stressful, particularly when the members try to drag the manager in to their internal spats. Truth be told, when it comes to Committee member conflict there are only a few places the manager can, or should, be proactive in resolving it. The vast majority of Committee conflict is not only rife with danger for the average manager, but irresolvable by them anyway. First, let’s identify […]
Strata Manager Training – The Tricky Stuff Archers the Strata Professionals were recently invited to provide Professional Development Training to Strata Managers at the latest Strata Industry Annual Conference hosted by Strata Community Association (QLD) (SCA). This year’s presentation covered “The Tricky Stuff” and delved into statutory requirements to call for Committee Nomination and Owner Motions leading up to the Annual General Meeting (AGM). We then worked through the many tricky areas along the way finishing off with how to produce compliant minutes for not so common occurrence such as amending and ruling motions out of order. Part 1: Calling […]
QBCC Home Warranty Insurance Scheme – Is there anything in it for us? The Queensland Building and Construction Commission (QBCC) provides a form of statutory insurance for building defects, commonly referred to as Home Warranty Insurance. There is a common misconception within the strata/community title industry that Home Warranty Insurance doesn’t apply to residential apartments at all. In fact, Home Warranty Insurance does provide some protection for residential apartments, just not as much as residential apartment owners may like. The reason for this primarily comes down to the distinction between a “home” and a “dwelling”. “Home” versus “Dwelling” Home Warranty […]
Debt Recovery FAQ’s It’s no surprise, given we’re talking about dollars and cents, that issues about body corporate levies and debt recovery are common place. We’ve attempted to compile some of the more frequently asked questions below, with answers. As always, it is not legal advice and is provided as a guide only. Q1. I am 2 months late with my body corporate levies. Can the body corporate charge me interest? Yes. The body corporate may decide, by ordinary resolution, to apply penalties to levies if they are not paid by the due date. A penalty must be at a […]
Tips and Traps of Engaging Contractors We have all experienced a contracted arrangement gone wrong – a painting contractor whose work starts bubbling just months after it is completed or a plumber who charges to repair a leaking pipe but does not fix the leak. Without a crystal ball, there is no way to completely avoid these unfortunate situations. However, there are ways to mitigate the risk that follows from engaging contractors whom your community has no prior relationship with. The role of the Queensland Building and Construction Commission (the QBCC) explained: The QBCC is a government entity established to […]
Commissioners Corner – Financial Management Part 2 Let’s talk about money. Part 2 In Part One of this series, I talked about body corporate finances and, in particular, the responsibilities of lot owners to pay their levies. Equally, the body corporate and its committee has responsibilities for how they spend body corporate funds and in this part, I’ll look into those responsibilities in a bit more depth. While the Act and the Regulation Modules go into considerable detail about spending obligations, the critical aspects for the body corporate and its committee as far as I am concerned are to spend […]
Saving on Strata Insurance Both the Commissioner for Body Corporate and Community Management in Queensland, and the Insurance Council of Australia, provide excellent information about how to manage the costs of strata insurance. The Insurance Council of Australia has released: the strata owner’s fact sheet; and the strata owner’s check list. While they are more general in nature, and aimed at providing information for strata owners across Australia, these publications contain useful information in relation to what you can expect and how to manage the insurance process. Of particular use to owners in Queensland are the fact sheets released by […]
Cladding Regulation Deadline – 29 March 2019 There are less than 6 weeks to go for Strata property owners to comply with the first stage of the Queensland Government’s new combustible cladding regulations with the deadline being 29 March 2019. Safety concerns about cladding in apartment buildings have reignited following a fast-moving fire this month at a Melbourne CBD apartment block, which is believed to have been fuelled by combustible cladding. The ABC News report on this latest cladding related fire can be viewed here. The deadline for buildings to complete Part 1 is an online registration process set up […]
Annual General Meetings – Part Two Top Tips In my earlier article – part one – I covered some of the basic processes of an annual general meeting (AGM), including some of the key timeframes involved. With those details in mind, this article – part two – provides some AGM tips. You might like to think of it as some AGM ‘best practice’. None of this content is provided as legal advice or direction from my office, but merely tips which you might want to keep in mind. Every scheme is different and so the circumstances of every AGM […]
Northern Australian Insurance Inquiry – Interim Report On 18 December 2018, the Australian Competition and Consumer Commission (ACCC) released its Northern Australia Insurance Inquiry first interim report. The report can be read here and media release here. Where to next for the inquiry? The ACCC inquiry will continue through 2019 and conclude at the end of 2020. The report sets out a range of measures the ACCC consider will improve how insurance markets work and achieve better outcomes for consumers. The ACCC has urged governments and industry to take quick action on their 15 recommendations, some of which have been […]
Commissioners Corner: Financial Management Part 1 Let’s talk about money. It’s a subject everyone has an opinion on, and this is also true about finances in the body corporate context. While the Body Corporate and Community Management Act 1997 (the Act) and its Regulation Modules are prescriptive about the process for collecting and then spending body corporate funds, I know that there remains uncertainty in the sector about some of these financial issues. In this series of articles, I will address several body corporate financial issues that are common sources of enquiry to my office. In this first part, I […]
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Solar on Strata In the final quarter of 2018, a huge milestone was reached when the 2 millionth rooftop in Australia installed solar panels. 21.6% of residential houses now have solar panels installed. However, residential strata continues to be ‘locked out’ of the solar revolution for a number of reasons. It is estimated that less than 0.5% of apartment buildings have installed solar panels at present. Strata energy consultancy, Wattblock, released a “Solar on Strata Whitepaper” on 12th January 2019 to assist the nation’s strata schemes increase their uptake of solar. Based upon information collected through over 250 solar feasibility […]
Caretaker Bullying Decision Bullying in a workplace is unlawful in Australia. Even Caretakers who are contractors of a Body Corporate are protected from bullying by committee members. Read this article to find out more about the decision of the Deputy President of the Fair Work Commission. The recent decision in Application by Ms A [2018] FWC 4147 by the Deputy President of the Fair Work Commission establishes that even a contracted caretaker is protected from bullying in the workplace. Particularly, the Deputy President found the chairperson bullied the caretaker, within a Queensland Community Title Scheme, by: sending emails to Mrs […]
Commissioners Corner: AGM Basics and Timeframes Not surprisingly, one of the most common inquiries received by the Office of the Commissioner for Body Corporate and Community Management is about general meetings of a body corporate. The queries are often about the timeframes involved as well as some of the more basic processes. Given that a general meeting is the primary forum through which lot owners are able to get involved in decision-making for their scheme, it is essential that these things are clearly understood. With this in mind, I intend to explore some common issues over three parts. In this […]
When can a body corporate withhold access to records? Section 205 of the Body Corporate and Community Management Act 1997 (the Act) requires a body corporate to provide body corporate’s records within seven days after receiving: 1. a written request from an ‘interested person’; and 2. the fee prescribed under the regulation module applying to the scheme. An ‘interested person’ includes an owner, buyer or their agent, or anyone else with a proper interest in the information. Similarly, the regulation modules provide for committee members to have ‘reasonable access’ to body corporate records without the payment of a fee. The […]
Approving Improvements – Part 2 Owners In Part 1 of our approving common property improvements series, we covered everything you need to know when it is the Body Corporate that wants to authorise its own improvement and the process it must follow, which can be reviewed here. We will now review the varying scenarios for when a lot owner seeks approval to make an improvement defining the improvement range stated within the legislation. As a quick recap, we need to clarify that the proposal is in fact an improvement and not simply maintenance, which does not require approval. The definition […]
Commissioners Corner: Towing Orders The issue of vehicle towing, including if, when and how the body corporate can tow an “illegally” parked vehicle, has been raised at a number of public information seminars presented by my Office. There are no simple answers to these types of questions. Each situation is different and it depends on the facts to hand, including what–if any–by-laws about parking and towing are applicable. In this article, I will provide an overview of some adjudicators’ orders about towing as a way of providing guidance about this sometimes vexed issue, by presenting some of the adjudicators’ statements […]
We are pleased to welcome you back and hope you had a safe and happy festive holiday season. Before we launch into new content for 2019, we think it is important to look back on some of the key topics in strata covered last year to help everyone get off to a flying start to the year full of current knowledge. With readership increasing to over 28,000 subscribers, we are able to gauge the most relevant issues from our most read articles and have put together a month-by-month account as a recap. There are links to each article, which you […]
Christmas is almost upon us and most of you are probably busy planning for the big day, which can be stressful when you are hosting a party. There is additional considerations to think about when hosting gatherings in a strata community, with extra rules not all guests are familiar with. To assist with maintaining harmony with your neighbours who will be there long after the party is over, we have put together a few tips for you to consider if hosting a party or to pass on to other residents that may be having guests over and help everyone stay […]
Have you ever considered if solar is viable for your strata property but don’t know where to start the assessment? In this article, we look into government rebates and how they can be applied to strata. There is still substantial support available for property owners looking to reduce electricity costs with the use of solar with numerous schemes in operation throughout QLD. The two major schemes for strata properties to consider at this time are: 1. The Renewable Energy Target or RET in the form of Solar Trading Certificates. 2. The QLD government Interest free loans and Grants for solar […]
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Most people have heard of the term “conflict of interest” and have a general idea what this means in business. However; the term is used for a specific set of circumstances when it comes to Bodies Corporate. Whether or not a conflict of interest exists for a Body Corporate member, we firstly need to apply the circumstance to the type of decision that is being made by the Body Corporate. These are either General Meeting or Committee Meeting Decisions. General Meeting Decisions The first and simplest decision type we can explain relates to general meeting decision. These are decisions usually […]
According to the recent National Strata Data Survey, the value of insured assets of strata and community properties in QLD approaches $200 billion. With the size, scale and complexity of strata assets there is risk, including financial risk which must be managed. Committee members can mitigate financial risk and ensure their fiduciary obligations are met by staying informed of audit requirements for Body Corporate financial statements. Assurance from independent auditors with financial reporting expertise and industry knowledge is being demanded by a growing number of Body Corporate stakeholders and an independent audit provides credibility to the position told by the […]
A common enquiry for our Office is about the responsibility for pest control, particularly in relation to termites. This is not surprising, given the amount of damage a pest can cause. There have also been adjudication orders regarding pest control. As always, this information is not meant to be legal advice and our Office certainly has no expertise in pest control—please seek qualified advice as necessary. Who’s responsible for preventing pests? Working out who is responsible for pest prevention in a community titles scheme can sometimes be tricky. An adjudicator considered the issue in Pannorama [2011] QBCCMCmr 461, as it […]
Does your building have retail or commercial lots below or mixed with the residential lots? Chances are your Body Corporate is part of a Building Management Statement (BMS). What is a BMS I hear you ask? Firstly, we will provide the non-technical answer to give you an overview of when they apply and the general purpose of a BMS. We will then look at technical aspects for those who would like to delve deeper into establishment and operation including the applicable legislative references to assist with gaining a better understanding of rights and responsibilities. A BMS is in general terms […]
Governments create laws. Courts and tribunals interpret those laws when they make decisions on disputes. We all then rely on those interpretations as gospel in terms of what the legislation actually means. Industry always holds its breath when what has been a long-standing practice or assumption is appealed. Higher authorities can overturn the decisions of lower ones. Take the deck dispute that went all the way to the High Court, with opposing decisions along the way. The other recent example was the decision on the timing for commencement of proceedings for recovery of body corporate debts. A lower court interpreted […]
A regular query we receive as Body Corporate Managers is can we approve spending for project X? To answer the question, we need to investigate the details of project X to determine how the proposal fits into the legislative framework. In this article we will delve into improvements made by the Body Corporate, which differ from when the Body Corporate is requested to approve a lot owner’s improvement that will be covered in a future article. Before we look at the approval requirements for different improvement types, we need to firstly ensure it is in fact an improvement and not […]
When are owners liable to maintain Utility Infrastructure on common property? When does utility infrastructure on common property ‘relate only’ to a lot? On 9 October 2018 the Queensland Court of Appeal laid down the test for when a lot owner is liable to pay the maintenance costs of utility infrastructure located within common property. In JM Family Holdings Pty Ltd & Anor v Owltown Pty Ltd & Anor [2018] QCA260, the utility infrastructure in question was an elevator. In the Norwinn Commercial CTS 38094 the developer had been paying all the costs of maintaining an elevator located on common […]
Extension of the Body Corporate and Community Management Regulations until August 2019 has been announced on the basis that it is currently under review. Full details of the extension can be read in the report to the Legislative Assembly by Attorney-General Yvette D’Ath available here. The legislative review is being conducted by the Commercial and Property Law Research Centre of the Queensland University of Technology with the final 64 procedural recommendations received last year and reported in a prior article here. Strata Community Association QLD (SCAQ) has had ongoing consultation directly with the QLD government and has been informed that […]
With Schoolies week now officially underway, residents in strata buildings in the many QLD tourist hotspots have seen an influx of teenagers celebrating the end of their high school years. This means an increase in use of your buildings facilities which will unfortunately result in many rules surrounding noise and appropriate use of pools and the like being pushed to the limits and beyond. The fallout can be short lived for inappropriate and disturbing behaviour related incidents as the schoolies will soon depart almost as quickly as they arrived. Any apparent minor damage costs can also be settled fairly quickly […]
With new legislation coming into effect from 1 October 2018, we hosted community education seminars across the state, educating stakeholders on the obligations and timelines to achieve compliance with the 3 stage regulations. From attendee feedback, we found that a majority of properties will only require compliance with the initial stage 1 requirements which is due by 29 March 2019. Stage 1 compliance is required even when it is obvious that the building does not have Aluminum Composite Cladding (ACP) because the QLD Government does not know which buildings have ACP and have drafted legislation requiring all building owners within […]
Shutters or blinds, window enclosures or panel walls installed to completed buildings may impinge upon building occupant safety Background In the wake of London’s Grenfell Tower fire tragedy and Melbourne’s Lacrosse Tower, combustible cladding has been identified as a major safety concern for occupants of multi-storey apartment buildings. The Queensland Building and Construction Commission (QBCC) is at the forefront of the Queensland Government’s effort to ensure building occupant safety is maintained and improved on all private and public buildings. The QBCC has become aware of an increasing trend to install external shutters or blinds, glazed window enclosures or panel walls […]
In any building with a car park, whether it be underground, high rise or ground level, there are a number of obligations you have to ensure the safety of residents and visitors. The correct lighting of the car park is crucial for a number of reasons and there are many ways you can manage this to still maintain energy efficiency. Personal Safety Appropriate levels of lighting in car parks helps people to feel safe when walking to their car. People are often leaving and returning to their cars alone, and whilst robbery and assault is rare, adequate lighting will certainly […]
Either a body corporate or an owner may wish to install Closed-Circuit Tele-Vision (CCTV) in a community titles scheme. Naturally, such a wish might raise several questions about body corporate and owner responsibility, as well as concerns about recording and privacy. While legal advice might be required to answer all questions, this article is designed to address some of the more common issues. This article has been prepared with the cooperation of the Queensland Police Service and explains the legislative requirements that apply to CCTV surveillance. Other information has been obtained from Legal Aid Queensland. With the exception of the […]
If William Shakespeare was a Queensland strata title property owner (particularly in North Queensland), he might at this very stage be writing: To insure, or not to insure, that is the question: Whether ’tis nobler in the mind to suffer The slings and arrows of outrageous cyclones, non-conforming cladding, terrorism risks and the like, Or to take arms against the insurers And by opposing tell them to get stuffed. In writing that particularly poorly worded prose, Bill would seemingly assume that he has a choice as to whether he insures his strata title property or not. But does he? Let’s […]
Are you prepared for the next round of summer storms? Although not isolated to summer any more or to a particular region of our sunshine state, if history repeats, now is the time to prepare! We now know that these intense weather events can occur anywhere across the state and when they hit, it is usually with devastation, leaving a long term impact both financially and emotionally for those affected most. As summer storms have hit early this year, this is a timely reminder to consider what you and your strata community can do to mitigate the damages that can […]
Presentation by Solutions in Engineering, on the new Combustible Cladding Regulations for Queensland, taking effect from 1 October 2018 Combustible Cladding Regulations – […]
When it comes to elections of any kind, one of the more common phrases one hears is “returning officer”. There are slightly different meanings and responsibilities for returning officers depending upon the type of election or the country in which the election is held. In general, a returning officer is the officer responsible for ensuring that the election in question is properly conducted, in accordance with the relevant rules for that election. One of their most important roles is calling the result of the election. A returning officer has similar responsibilities in a body corporate context. Those responsibilities are provided […]
Sometimes body corporate committees face the issue of not being able to find a mutually agreeable time when all members are personally available to attend a committee meeting. This may because they are all busy working or perhaps some live interstate or overseas. When this happens, the legislation allows the committee to ‘vote outside a committee meeting’ (VOCM or VOC) to make a decision. This is commonly referred to in the industry as a flying minute, VOCM or VOC. The process of a VOCM enables voting members of the body corporate committee to make decisions in writing. Most committees use […]
Every stakeholder needs to be grateful for the time and energy invested by committee members into their strata communities. It is a volunteer, and often thankless, role that someone needs to play. They take time away from family or business to look after the best interests of their community. But problems within a community arise when committee members do not make that sacrifice and set aside that time. A position on the committee is not ceremonial – it requires care, attention and work from those who volunteer for the position. Some problems I frequently see from committees include: • Deciding […]
Strata unit owners have the option to submit motions to the Annual General Meeting (AGM) which is the forum for all owners to vote (if they choose to). There are a number of reasons why an owner may choose to take up the option of submitting a motion to the AGM. The reasons range from when the decision is beyond the authority of the appointed Body Corporate Committee’s including when major improvements and spending is involved or the matter may have previously been declined by the Committee. The owner then decides they want the issue escalated to a General Meeting […]
In this article I delve into the issue of a motion with alternatives, as well as ruling these kinds of motions out of order. Firstly, let’s clarify some concepts. Section 72 of the Body Corporate and Community Management (Standard Module) Regulation 2008 (the Standard Module) provides for motions with alternatives. I will refer throughout to the Standard Module, please refer to the relevant sections of other Regulation Modules if required. A motion with alternatives must be put on the agenda for a general meeting by the committee when two or more motions proposing alternative ways of dealing with the same […]
Have you received a ‘land access notice’ from a telecommunications carrier demanding access to inspect or to install telecommunications equipment on your community title scheme land? You may have experienced some pretty bullish tactics from those providers. For example, land access notices requiring permanent access to your land to install telecommunications equipment, offering little or no compensation. It’s even worse when those installations could cause a detrimental effect including obstructing views, affecting the aesthetic appearance of the building or compromising privacy. Telecommunications carriers wanting access to inspect land or to install telecommunications equipment must give at least 10 business days […]
For the purposes of the Body Corporate and Community Management Act 1997 (the Act), a body corporate can acquire an asset in the same way an individual can acquire an asset. What, then, do we mean by body corporate assets and what are the responsibilities of the body corporate in relation to their assets? Section 11 of the Act provides that body corporate assets “are items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property”. On this latter point, the Act gives an example of […]
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“What is the situation with AirBnB?” is a question my Office is increasingly asked, and a question I get asked often at seminars and other events. The question is probably better expressed as, “Where does a lot owner or a body corporate stand in relation to short-term letting under the legislation?” For the purposes of this article, I will refer to “AirBnB” when I talk about short-term letting. Of course, there are many different short-term letting platforms apart from AirBnB. It is probably worth reminding ourselves and anyone who is not familiar with it, what AirBnB is and how it […]
If you are living in strata titled building you may be aware that the Queensland Government has introduced new Regulations requiring certain buildings built or renovated after 1994 to register online and notify the Queensland Building and Construction Commission of the cladding materials used on the exterior of their buildings. For some strata schemes, this may be a relatively simple and inexpensive process, but for others, this may be a substantial and expensive reporting and rectification exercise. The reports alone that may be required to be obtained as part of the compliance process could cost between $10,000 and $40,000. Following […]
As you would no doubt be aware, my Office provides an information service to all parties with an interest in the community titles sector. This includes those people who are thinking about purchasing a lot in a community titles scheme. Prospective purchasers of lots have many things to consider, with one of the main things being the rights, responsibilities and obligations which go hand-in-hand with buying a lot. With this in mind, my Office has developed a new page on its website to assist these prospective purchasers get better informed – https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/body-corporate-records-and-regulations/buying-a-body-corporate-property/ While this information is of course no substitute […]
Combustible Cladding Regulations commenced on 1 October 2018 If you own property in a low, medium or high rise strata scheme approved after 1st January 1994, these regulations will affect you! Combustible cladding regulation specialists Ross Daley, Chief Executive Officer of Solutions in Engineering and Mario Esera, Special Counsel of HWL Ebsworth Lawyers (Brisbane) and Frank Higginson, Director of Hynes Legal (Sunshine Coast and North QLD) will present the facts on the Building and Other Legislation (Cladding) Amendment Regulation 2018. They will provide practical solutions to achieve compliance within the time frames required and maintain a safe building. An open […]
A Brisbane body corporate has been slapped with a hefty fine for a litany of building fire safety offences that exposed residents to serious risks. The Brisbane Magistrates ordered Carlisle Community Title Scheme 9233 to pay $21,000 plus costs after it pleaded guilty to 21 breaches of the Fire and Emergency Services Act and Building Fire Safety Regulation at its Kangaroo Point complex. The ruling is the result of a successful prosecution by Queensland Fire and Emergency Services (QFES), which took legal action after its inspectors uncovered the failures. Magistrate Anthony Gett criticised Carlisle for not acting quickly enough to […]
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Do you ever feel like it’s impossible to predict how the law will apply to your community titles scheme, or how your by-laws will be interpreted if they are ever disputed? Working out how the law applies to your scheme and circumstances can be challenging. In previous articles, I’ve briefly touched on the benefits of using past decisions to help understand how an adjudicator might interpret laws or by-laws in the event of a dispute. If you’ve been involved in a conciliation session, you may have had a conciliator explain how previous adjudication decisions may assist in predicting the likely […]
On 17 October 2017, we reported on a District Court of Queensland’s decision that barred a body corporate from recovering outstanding contributions where those contributions had been outstanding for more than two years and two months (view that article here). This caused significant confusion and disrupted longstanding practices in the strata industry, as nearly every stakeholder had se up their systems on the basis that a body corporate was required to begin a recovery action within that 2 year 2 month period, but not precluded from doing so outside of that period. The good news for bodies corporate across Queensland […]
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If you don’t know whether the cladding on your building is combustible (or to use the less scary word – non-conforming), you are soon going to be forced to find out. The issue over what cladding has been used on buildings crystallised after the Grenfell Tower fire in the UK in 2017. Australia’s equivalent (without the horrific loss of life in Grenfell) was the Lacrosse Tower fire in Melbourne in 2014. The ABC’s Four Corners covered the issue in this excellent episode. Since then the wheels of respective state governments have turned very slowly. Victoria has their cladding task force […]
Ten phone calls, fifty voice messages and a disgruntled lot owner who wants answers yesterday – there is always one. But when does it constitute a nuisance communication and what can you do about it? Lets face it, whether your neighbour’s TV is turned up to the max, the teenager next door is hosting a party or there are children screaming in the park, there is generally always something that you could complain about – that’s the joys of community living. But sending voluminous, repetitive or abusive phone calls or communications to the Body Corporate or manager could end up […]
What is the role of the Office of the Commissioner for Body Corporate and Community Management? The Office provides two functions: information and dispute resolution services under the Body Corporate and Community Management Act 1997 (“the Act”). The dispute resolution service resolves matters in dispute either through department conciliation or a formal adjudication process. The Office is not a complaints forum, nor an investigations body. We do not provide advocacy services, as we must remain impartial between the parties. This article discusses dispute resolution by department adjudication. What is the role of the Commissioner in dispute resolution? The Commissioner has […]
We first wrote about bullying in strata more than two years ago. We have been waiting for a while, but we finally have a decision from the Fair Work Commission (FWC) that gives some guidance about whether the sort of conduct we regularly see in terms of committee and resident manager communications constitutes bullying. And if we are going to gloat just a little bit, it played out the way we predicted it would. Every other day we deal with business relationship breakdowns in strata. Tit gets exchanged for tat. Petty email wars ensue. Mud gets thrown and names called. […]
In every strata scheme there are a set of governing by-laws. These by-laws serve a variety of purposes including; protecting residents from harm and potential hazards, ensuring building processes run smoothly and maintaining a harmonious and dispute-free community. If you are involved in strata, it is important to familiarize yourself with your scheme’s by-laws in order to better understand the building’s processes and avoid the possibility of a dispute or breach. The by-laws regulate the conditions applying to the use of the common property and the Lots within Scheme and the Committee is required to enforce by-laws to the mutual […]
Would you like to brush up on your Strata knowledge? In this article we have provided the latest Fact Sheets and Information sourced from the Office of the Commissioner for Body Corporate and Community Management. Roles and Responsibility Meetings Financial Management By-laws Maintenance and Improvements Body Corporate Insurance Body Corporate Records and Regulations Body Corporate […]
Here at the Commissioner’s Office, we are only too happy to answer questions (assuming they’re ours to answer) and give information about body corporate matters. That said, it’s fair to say that there are some queries that we do hear over and over. With this in mind, I present to you our list of “10 Frequently Asked Questions You Keep Asking Us”. But seriously, the real aim of this list is to help you avoid having to make a call or send an email to our Information Service by setting out some of the more common queries we receive. Q1: […]
There are two sets of minutes that must be kept by every body corporate. Those at committee level and those at general meeting level. This article deals with what must happen at committee level. Everyone has seen some version of minutes somewhere. It could be from their local sporting club’s Annual General Meeting or that of BHP. What those minutes look like will be referenced back to what the legislation that governs them requires. As you would expect, what needs to be in a set of committee meeting minutes is covered in the Body Corporate and Community Management Act 1997 […]
There are various types of meetings associated with running a strata scheme. One of the most important meetings to take place is the Annual General Meeting. At an AGM, Lot Owners have the opportunity to vote on important issues such as setting the annual levies, enter into agreements for services and electing the body corporate committee for the following 12 months. Topics covered during an AGM include, but are not limited to; income and expenditure statements, setting annual budgets and any proposed future major works that exceed the committee’s spending limit. The Body Corporate and Community Management Act 1997 states […]
In a community titles scheme it is almost inevitable that owners would want to make an “improvement” – after all, if someone is a home owner, it stands to reason they would want to do things to their home which “improves” its value. When it comes to making improvements in a community titles scheme, things are not quite as simple as an owner just making the improvement when and how they want to, particularly if the proposed improvement is to common property. Before I take a look at that approval process and the things an owner will need to consider, […]
From time to time the Body Corporate will be placed in a position requiring a decision to be made which may or may not be considered reasonable depending on perspectives. These types of decisions include but are not limited to matters regarding; pets, improvements/renovations, enforcement of a by-law, levy payment plans/debt recovery and contract disputes. The governing legislation unfortunately does not contemplate the varying scenarios faced by a Body Corporate and its Committee, nor can it set a basis of what is reasonable and what is unreasonable when making a decision. However, the legislation does require a Body Corporate and […]
If you are considering building or trade work on your strata property and investigating contractors, you may find it appealing to take a chance on a contractor who supposedly does great work even though he’s not licensed, because he’s offering a deal that sounds almost too good to be true. Unless you are a construction professional, how are you to know whether or not that contractor is following building regulations? While a licence may not be a guarantee that a contractor is going to do a professional job, it does mean that he is appropriately skilled and qualified to carry […]
The Environmental Protection Act 1994 contains a number of environment standards, which if breached give an affected owner a right to bring an Enforcement Proceeding. With a noisy air-conditioner, unlike trying to enforce a noise by-law in your community management statement, you don’t have to first give notice to the Body Corporate about the breach of the noise by-law; and then wait for the Body Corporate to do something about it. The environment standards are objective, unlike most noise by-laws. This means that they have the advantage of providing a clear objective standard against which a noisy air-conditioner, or other […]
All Bodies Corporate must hold general meetings (except specified two lot schemes). On the agenda for these meetings are motions submitted by either the Committee or lot owners. Unfortunately, sometimes a motion should never be voted on by the Body Corporate because it is flawed in a manner that makes it “out of order”. Such flaws include if the motion conflicts with the Body Corporate and Community Management Act, the relevant regulation module or the by-laws of the Body Corporate. If the motion contains such a flaw, the person chairing the meeting must rule it out of order. Making decisions […]
Do you have a fence dividing your lot either with a neighbour, common property or land outside the scheme? In this article we cover the varying scenarios so that you can act with certainty when it comes time to maintain or replace the fence. The legislation applicable to determining whose responsibility it is to replace a fence will depend on where the fence is situated. If a fence is on the external boundary of the scheme land and an adjoining neighbours property (not within the scheme but on a separate title), then the Neighbourhood Disputes (Dividing Fences and Tree) Act […]
The recent Smart Strata Community Education Seminars on the topic of ‘Bullying, Abuse, Harassment, Nuisance & Discrimination’ (BAHND) in Strata were a huge success with over 400 Strata Property owners attending throughout the state! The seminar series travelled throughout the Queensland eastern seaboard holding sessions on the Gold Coast, Brisbane, Sunshine Coast, Whitsundays, Townsville & Cairns. Hosted by Smart Strata foundation Partners Archers the Strata Professionals, key note speakers from the Office of the Commissioner for Body Corporate and Community Management provided practical solutions to firstly identify then deal with BAHND situations. Seminar presentation can be found here. The Commissioners […]
If you talk to any strata manager first up on a Monday morning you can usually be assured that the first half day of the working week will be spent going through all of the emails they have received on a weekend. Strata managers are not usually trained to charge like lawyers. Perhaps that is the legal industry’s defence to the same issue? Anyway, Tank Tower (and what an excellent community website we must say) had an owner that obviously delighted in emailing all and sundry. The decision does not expressly deal with what was being sent to the body […]
While it is generally understood that the body corporate is responsible for common property and a lot owner is responsible for what occurs within the boundaries of their lot, it is perhaps not as widely known that the body corporate does have both the ability and indeed, responsibility, to enter an owner’s lot in some circumstances. Let’s firstly dispel a few misconceptions about this issue: The body corporate committee chairperson (or any other committee member for that matter) does not have unfettered, unrestricted power to enter a lot for any reason; Similarly, the onsite manager (known as a caretaking service […]
With 30 June 2018 not far away, thoughts turn towards what needs to be done by the end of the financial year. The information contained in this article is of a general nature and does not take into account personal circumstances. Before making any decisions based on the factual information contained in this document please consult with your financial adviser. Below are some ideas and tips that might assist with your end of financial year housekeeping. Travel Expenses As announced in the 2017 Federal Budget, travel expenses incurred by a taxpayer from 1 July 2017 is no longer deductible where […]
The terms “swapping”, “trans-positioning” or “re-allocating” are commonly used to describe changes to exclusive use car park area rights in a strata scheme. There are formal steps that are required to be completed to properly record the change. Completing these steps will ensure that you don’t get any surprises about your rights to use your exclusive car park area when selling your lot, which we have seen occur many years later after everyone has forgotten about the “handshake deal”. The practice of transferring exclusive use car park allocations is permitted between owners of lots within the scheme and happens when […]
As a Body Corporate records search agent, my role is to find out what’s going on in a body corporate so my clients which are buyers for the most part, can choose to either commit to purchase or walk away from a bad investment. What qualifies as what’s going wrong? How long is a piece string? Buyers have different resource levels and different goals. The cashed-up investor may be fine with a body corporate with significant issues so long as they get a great deal. Conversely the first home buyer might be scared off at even a hint of the […]
Smart Strata Community Education Seminar May/June 2018, presentation presented by Commissioner for Body Corporate and Community Management, Chris Irons and Acting Commissioner Esther Blest. Archers presentation Chris […]
Have Towing Laws Changed? Yes they have. In response to a Sunday Mail campaign the rules around the towing industry have been tightened considerably. But what does that mean for bodies corporate? NOTHING. Bodies corporate still need an order from the Commissioner’s Office to enforce by-laws before they seek to tow a car, as we first wrote about here in 2014. For those of you that are interested, the laws around tow trucks that have changed include:- private property towing may only be performed in regulated areas by drivers and assistants who have the necessary certificates and are using licensed […]
As the day-to-day decision-making body on behalf of their body corporate, he body corporate committee plays an integral role. Its composition and a person’s eligibility (or not) for membership of the committee can sometimes be a hotly-contested subject. There are a few important points to remember, particularly on the topic of eligibility. This is general information intended as a guide and may not be relevant in all cases. The position of a voting member of the committee becomes vacant (known as a casual vacancy) if the member: Resigns in writing to the chairperson or secretary; Is not present personally at […]
The two most common defences I see in levy recovery actions are: I have told the committee that I can’t afford the levies, so they are being unreasonable by not letting me pay them off at $10 a week for the next 7 years (the “you can’t get blood out of a stone” defence). I disagree with just about everything the body corporate has ever done, so I refuse to pay money to those terrible people (the “I can do it much better than you” defence). The first defence can often be dealt with quickly and cost-effectively by educating the […]
In these articles, I have spoken at length about roles and responsibilities of bodies corporate, owners, committees, managers and other parties. At times I also talk about “occupiers” of a lot. This is the term the Body Corporate and Community Management Act 1997 (the Act) uses in relation to someone occupying a lot – the Act does not refer to a “tenant”. That said, it is reasonable to think of a “tenant” as an “occupier” and particularly for the purposes of a discussion about the way in which someone who is renting in a community titles scheme interacts with the […]
One of the key factors that ensures the efficient management of body corporate correspondence is the time and effort placed on effective communication. Email has now become the most common and convenient method of communicating back and forth, so consideration to the content, supporting documentation, intended recipient and clear communication of action required has become increasingly important. For efficiency, it is imperative that the recipient receives your correspondence and its content in a comprehendible manner so that any necessary actions can be taken without the need for clarification causing delays or possibility of misinterpretations. We have put together some common tips on email […]
Last month I wrote an article about the strata manager and client experiences: Then (the 80’s and 90’s) v. Now. What’s changed? Here’s part of the answer: “What has changed is how that unhappy 10% (of residents) communicates their unhappiness: Much faster and much nastier. Faster due to email, nastier because social media has given folks the ability to broadcast every little thought they have – smart, dumb, nuts, nasty or psycho – immediately and virtually without repercussion (especially if they can remain anonymous)…” This “communication in a vacuum” (all “send” and no “receive”) without thought or care to its […]
The Minister for Natural Resources, Mines and Energy has recently announced that your $50 p.a. electricity asset dividend over 2 years is on its way. The full media statement can be read HERE and a fact sheet is also available HERE. If you receive your electricity bill direct from a retailer, you will receive your first $50 rebate from 30 April 2018. There’s no need to apply—the rebate will be automatically applied to your electricity account from 30 April 2018, and will appear on your next electricity bill. Actual payment dates will vary, depending on your individual electricity billing cycle. If you […]
Has your property been affected by flooding? There are health and safety steps you should take to ensure that mould and disease cannot thrive. Take a look at the Queensland Building and Construction Commission (QBCC) flood health and safety checklist: Need more information? Visit www.qbcc.qld.gov.au or call QBCC on 139 333. This article was contributed by Kerrie Priestley of the Queensland Building and Construction […]
Cigarette smoking can be more of a nuisance for some people than others. In the QCAT decision of Norbury v Hogan [2010] QCAT 296 the President of the Tribunal had to consider the effect of Ms Norbury’s smoking on her neighbour Mr Hogan. The QCAT decision was an appeal on a question of law from a departmental adjudication. Smoking as a nuisance Mr Hogan had originally taken his complaint about Ms Norbury’s smoking to departmental adjudication. At the adjudication he led evidence of his medically diagnosed sensitivity to cigarette smoke. Mr Hogan alleged that cigarette smoke from Ms Norbury in Lot […]
Whether we like it or not, the NBN is being rolled out at an unprecedented rate. What impact will this have on you? Once the NBN is rolled out, conventional lift phones will cease to operate in the event of a power failure. It is a mandatory legislative requirement to have an operating emergency phone installed in a lift. If an emergency lift phone is deemed to be inoperable or not compatible with the NBN network, in accordance to BCA (Building Code of Australia) the lift must be shut down until the phone is repaired or upgraded to NBN compatibility […]
Few pests provoke as much concern as the termite. Though small in size, termites have the ability to wreak havoc throughout a property, leading to extensive and expensive damage. While this is a challenge in any situation, it becomes particularly challenging in the body corporate context, where there may be damage to an individual owner’s lot, common property, or both, as a result of termite infestation. In this article I will give a basic overview of how termites and the damage they cause might be regarded in a community titles scheme. Please note that this is general information only. It […]
Before a cyclone or flooding As a cyclone approaches it is not unusual for power disruptions or power outages due to transmission line damage. Transmission line damage don’t necessarily have to be in your local area to affect your equipment with power surges and spikes – the problems can be hundreds of kilometres away. Please advise all users of your lift equipment that the equipment should not be used before a cyclone or flooding. Be proactive and turn the equipment to fire service inside the lift car. Do not park the lift at the bottom level. Park the lift(s) at […]
Dander – it’s not a word most of us come across very often, other than back in primary school and Robert Louis Stevenson books. It probably goes hand in hand with ‘pluck’. However, dander has a very serious meaning to some of our readers, particularly when it comes to keeping pets in community titles schemes. Wikipedia defines dander here. For those with serious allergies, animal dander can be a genuine threat to their health and wellbeing. We have written about the keeping of pets for years. Click here to see some of our previous articles on this issue. The genesis […]
Bullying, Abuse, Harassment, Nuisance and Discrimination (BAHND) in Strata Come and hear from the Commissioner for Body Corporate and Community Management Chris Irons, Acting Commissioner Esther Blest and their representatives as they define what is “BAHND” in strata. They will provide helpful tips on what to do if you are on the receiving end of BAHND and where the line should be drawn. An open forum designed to enable audience interaction will follow, led by our industry expert panelist and strata law specialists Frank Higginson (Hynes Legal) and Juliette Nairn (OMB Solicitors). Along with the Commissioner’s office representative and your local Archers […]
For anyone who has read these types of articles before or who has some knowledge of what my Office does, you might know that we are in the business of dispute resolution. To be more specific, my Office has exclusive jurisdiction to resolve body corporate disputes – in other words, with the exception of some contractual matters, all body corporate disputes will get resolved in my Office. If you happen to be in a situation where you have a body corporate dispute needing resolution, here are some basic yet essential points to bear in mind about how the experience might […]
In December we published an article regarding the Queensland Building and Construction Commission’s (“QBCC”) dispute resolution functions. In that article we mentioned that a consumer or builder who is unsatisfied with a decision made by the QBCC is entitled to apply to administratively review the decision. In Australia, persons who are “affected” by an administrative decision of a government department or the like are entitled to have the decision reviewed. Decisions made by the QBCC regarding the rectification of building work or a person’s entitlement to claim upon the QBCC’s statutory insurance scheme directly affect both the builder and the […]
In Queensland, storms and the associated water damage are an annual event. However, most property owners are unaware of the procedures in getting their water damage repaired quickly. After a storm, Insurance companies are typically inundated with claims and it can be weeks or months until water damage is assessed, approved and repaired. Below are the steps you should take immediately after you notice water damage or mould to your property. STEP 1 – CONTACT YOUR INSURER The first step is to inform your Insurance company that you have water damage. At this time you should ask if you are […]
New Statutory Valuations recently announced across Queensland – Disagree with a valuation? Object. With the deadline to lodge an objection fast approaching, the Queensland Valuer General has recently issued new values for 22 local municipalities across the state. The areas affected include; Banana, Barcoo, Boulia, Bulloo, Central Highlands, Charters Towers, Diamantina, Douglas, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Hinchinbrook, Isaac, Maranoa, Murweh, Noosa, Paroo, Quilpie, Scenic Rim, Sunshine Coast and Toowoomba. Anyone wishing to challenge an area’s new Statutory Valuation, have until Monday 7 May 2018 inclusive. Following this date there is no further chance to object until the next financial […]
The Multi Owned Properties Research Hub has been launched at the International Forum on Multi Owned Properties, hosted by Deakin University. The Hub is the new online platform for research on multi-owned properties from various jurisdictions around the world. The Hub houses research papers submitted by academics, researchers and other sector professionals. The Hub is located at: http://www.mopresearchhub.org/ Dr Nicole Johnston of Deakin University says that, The Multi-owned Properties Research Incorporated is a not-for-profit association founded by a group of academics and lawyers who saw a need to collate and share research on multi-owned properties across institutional and geographic boundaries. […]
When it’s time to update a building’s internal and external painting, it can be challenging for your body corporate committee to choose a colour scheme that will showcase the building’s features, and that they will be happy with long term. There is no guarantee that the chosen colour will even look the same when it’s on the finished product, so it’s important to get the selection process right from the beginning to avoid costly mistakes. Here are some best practices to pass on to your property’s committee so they make the right choice, the first time! When it comes to painting […]
Late last year we wrote about the imminent changes to how embedded networks are proposed to be regulated which can be reviewed here. To recap, the changes are relevant to Bodies Corporate located in QLD who operate an embedded electricity network. For example – The Body Corporate purchases electricity in bulk and then on-sell to individual unit occupants. What has changed and what do Bodies Corporate need to do? Legislative Changes in Queensland Our regulatory partners Compliance Quarter have advised that on 15 February 2018, the Electricity and Other Legislation (Batteries and Premium Feed-in Tariff) Amendment Bill 2018 was re-introduced […]
There’s good news and bad news for strata insurance premiums, particularly for people in southeast Queensland. The bad news first: strata insurance premiums are rising, sometimes by more than 20 per cent as the insurance market hardens. The market in recent years has been relatively stable, with a large number of schemes even experiencing premium decreases in recent years. For several reasons, this has changed. The good news: Insurance brokers are important in these times. They can continue to source the most competitive policy coverage and can act for you to get what you deserve in a claim. Why are […]
Unless you’ve been living under a rock for the last 4 years, you would know that there is an extensive review of Queensland’s property laws going on. As we touched upon in our last article, a discussion paper has been released which deals with removing voting committee members. To recap, there are currently two ways that you can remove a voting committee member. The first is simple; all that is required is to pass an ordinary resolution removing the committee member. The second method is to give the voting committee member a code of conduct contravention notice (authorised by ordinary […]
Seaside living is often the dream lifestyle for residents, but can be a nightmare for strata managers. Not only do you have to worry about salt corrosion and excessive moisture, there are a number of materials handling and health and safety risks that need to be considered too. Thankfully, there are some best practices that you can implement to get ahead of any major issues. When you think of ocean-side properties, what’s the first thing that comes to mind? Is it the smell of the sea breeze? The sound of seagulls circling overhead? The ease of walking down to the […]
In the middle of a long and expensive piece of litigation I brought on behalf of a stakeholder in a strata scheme who claimed someone on the committee had defamed him, I again asked my client the question that any responsible lawyer would repeatedly raise: “Do you really think the juice is worth the squeeze on this one?” The costs of the litigation had already exceeded any realistic estimate of the likely compensation he could be awarded for the hurtful comments made against him. So was the litigation worth the investment? He replied: “Yes, because he plays the man, not […]
As a new or existing member of a body corporate committee, you probably have many questions you’d like to address, particularly when it comes to personal liability. A few of these questions could be: Can your decisions as a committee member result in legal action against you? Can the legal action threaten your personal income and assets? Is defending legal action very expensive and will it cause personal stress? Case Study: A lot owner in a townhouse complex asks their neighbor who is the body corporate Chairperson if they can replace their fence. The Chairperson agrees without considering the specification […]
Recently I was speaking to the Committee Chairperson of a large-scale Body Corporate. They were in-between Resident Managers, as their old one had left for a better job and the new one hadn’t yet started. The Chairperson was struggling with an apathetic Committee and Body Corporate Members, and in fact she herself is heading off the Committee in the next few months, as were two others. They are all just burned out. She said “the residents just don’t have a good relationship with their Body Corporate; all they see from us is levy notices and by-law contravention notice.” She went […]
Have you ever tried to take instructions from seven people at once? It happens quite a bit to us here in strataland. We send out a set of questions to a client committee and everyone copies us in with their responses, comments, clarifications and questions. As specialist Body Corporate Solicitors we are regular receivers of body corporate instructions and know how to manage these things. But; many service providers and contractors have not regularly dealt with bodies corporate before leaving them confused about who to listen to. The other issue is that many committees are not necessarily good givers of […]
A strata manager from a large strata management company got a call from a disgruntled owner. Here’s the advice the strata manager needed to know. “Whoa! $850 electricity bill for one quarter? How can that be? I only paid $200 for the last quarter.” That was what one strata resident experienced last month. The culprit was an estimated meter read. When an old electricity meter is not physically read during the quarter, energy retailers still send the customer a bill which is a guess of how much energy they consumed in that quarter. To make the guess, they estimate how […]
Damp patches on walls after rain – What could it be? After a day or more of heavy rain, we hear from a great number of homeowners and facility & asset managers that they have noticed damp patches on the walls. There are many causes of excess moisture in the structure of a building, such as leaking pipes and damage to gutters and roofs. However, a high proportion of damp problems in buildings are caused by rain penetration, condensation or rising damp. Diagnosing the cause of dampness in a building is vital so that correct treatment and repair can be […]
One of the buzzwords of recent times is the idea of the “sharing economy”. Typically this refers to people ‘sharing’ their asset and in the process getting a return out of it. One example of this is Uber (for vehicles) and another example, which this column will focus is on, is short-term letting of one’s property. A very high profile example of this is Airbnb, although there are numerous other companies and websites providing the facility for people to offer their lots for the purposes of short-term letting. For the uninitiated, Airbnb and other sites like it contain listings from […]
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For many stakeholders in a strata community, the annual general meeting is their time to shine. They submitted their motions long ago, they knocked on the doors of their friendly neighbours to ask for their support, and they have visualised how they will make their strong points when having their say at the meeting. For others, the annual general meeting is an occasion to catch up with neighbours and fellow investors to help break the boredom as votes are being tallied, all the while hoping your chairperson can deftly avoid awkward confrontations between those that seem a little too passionate […]
As Education is the future of the Strata Industry, Strata Community Association National Education are calling on all Smart Strata subscribers living, investing or working in the strata industry to join the next introductory course being held in Brisbane. Registration are filling fast and will close at 5pm Friday 9th February 2018. For full course details and to secure your spot please click here Course Duration: 20th to 22nd February 2018 Venue: Allianz Boardroom, 324 Queen Street Brisbane CBD For any questions please contact SCA National Education via email: education@strata.community This article was contributed by Carole Anderson – Strata Community […]
It is essential that the Strata industry has educated, knowledgeable and prepared volunteers to successfully lead communities. To better assist key stakeholders, an education program for the purpose of encouraging Committee members and lot owners to better understand the purpose and functions of their community, has been developed. Along with this educational program, Committee members and lot owners also have the opportunity to join the SCA Owners Chapter. Membership to the Owners Chapter will provide many opportunities to access information on: networking with other committees, Best Industry practices, Risk Management, Essential Services etc. If you own or live in a […]
Already, the year has kicked off in a busy fashion for my Office, with high demand for both information and dispute resolution services. We had a record number of dispute resolution applications in 2016-17, and this current financial year is already on track to ‘better’ that result. This tells me that the need for timely information to help our clients to be aware of their rights, responsibilities, and roles, is more crucial than ever. With that in mind, we will be looking to issue our Common Ground updates more frequently in 2018, targeted to single-issue topics or announcements. Also in […]
As you may know, we are doing research to improve our web content structure. We want to make it as easy as possible for you to use. Thanks again to those of you who have already helped in our other activities. Please help us finalise the structure for our information about committees and meetings, which is the last piece of the puzzle. How you can help You can assist by doing a short activity where you are given scenarios. For each, you show us where you think you would find the required information. It is not a test of your […]
What the owners giveth, the owners can taketh away! The Regulation Modules provide two ways that a sitting, voting committee member can be removed; each of them by ordinary resolution of the Body Corporate. The most litigated, but the least used, is to remove the voting committee member for a breach of the Code of Conduct. It is an article of the Code of Conduct, in fact the first duty, that a voting committee member must have a commitment to acquiring an understanding of the Act, including the Code. Accordingly all voting committee members should be aware that if they […]
We are pleased to welcome you back and hope you had a safe and happy festive season. Before we launch into 2018, we think it’s important to look back on some of the key moments of 2017. Strata law reform and the Smart Strata Seminars In May and October of 2017 we had our free Smart Strata seminars on strata law reform, which achieved widespread media coverage. Our team – together with Frank Higginson from Hynes Legal, Juliette Nairn from OMB Solicitors and Chris Irons the Commissioner for Body Corporate and Community Management – travelled across Queensland from the Gold Coast […]
I’ve spoken at some length in articles about the dispute resolution service my Office provides. More generally, dispute resolution in the body corporate context can be thought of as a series of escalating steps which can, and must, be taken to reach resolution. In this article, I will give an overview of these steps. While some of this may be quite familiar already, a refresher never hurts and indeed there may be aspects which will add a further clarity to dispute resolution. Firstly, let’s think about the term “dispute”. Sometimes clients come to my Office with a range of issues […]
2017 will be remembered as the year of countless submissions to the government for legislative change, and of the rise of vexatious lot owners who have learnt to abuse the dispute resolution service provided by the Commissioner’s Office. If 2018 is to be a happy new year for Queensland’s strata industry, both of these issues need to be addressed. There is an increasing tendency for lot owners aggrieved with the management style of a committee to file an adjudication application in the Commissioner’s Office to air general complaints with the administration of the scheme. Quite often these applications do not […]
Commissioner Forward Welcome to our latest edition of Common Ground. One of the challenges my Office faces is how we can best reach Queensland’s substantial – and expanding – community titles sector. At last count, for example, there were more than 45,000 schemes, all of which presumably might, at some stage, need some information or clarification about body corporate legislation. Common Ground is just one of the methods we use to try to reach this audience. In this edition, we cover a range of recent developments in our world. I hope that we can get our Common Ground editions out […]
The concept of holding a secret ballot to determine an outcome is well-established in many different contexts. Generally speaking, secret ballots are used in situations where there are important decisions to be made and it is therefore essential that anyone entitled to vote can do so freely, without fear of the voter being identified and any resultant recrimination. When we vote at a state or federal election, for example, a fundamental part of the process is that our vote is secret and that we can, unencumbered, ‘have our say’ on the critical matter of who governs us. Similarly, in a […]
The Queensland Building and Construction Commission (“QBCC”) is the regulator of the building and construction industry in Queensland. The QBCC has a raft of different functions, but two of those are providing remedies to consumers for defective building work (“Dispute Resolution Function”) and the administration of the Statutory Insurance Scheme (“SIS”). These functions are interrelated, but different. For a body corporate for a community titles scheme (“BC”), there is one very important difference between the two functions. Assistance under the SIS is not available in respect of: Building work performed to commercial or industrial premises; or Building work performed to […]
This article is relevant to Bodies Corporate located in Queensland who operate within or manage an embedded electrical network, where electricity is purchased in bulk and then on-sold to individual unit occupants. You may have already received a notice from your billing agent, strata manager or one of the newly accredited Embedded Network Manager Service providers. You may have seen different points of view on the pending changes to embedded networks under the “Power of Choice” reform. In this article we separate the facts from fiction to help you understand these important changes. We have been working closely with industry […]
Dulux Group Australia has been a trusted contributor to the Australian paint & coatings manufacturing industry for over 100 years, and we are proud to offer top quality products and authentic Dulux colour and advice. We also offer comprehensive commercial solutions for asset owners and managers, beyond just paint supply. Dulux can offer you: Tailored paint and waterproofing specifications to align quotes & make your decision making process easier Referrals to industry professionals such as colour consultants, painting/ waterproofing contractors and project managers where required Quality Assurance processes to ensure a favourable outcome Warranties and maintenance guides Best of all, […]
Hopefully, you would have read or, at least, recall my earlier article outlining a number of common queries (and answers) in relation to accessing body corporate records which can be found here. I noted then that there were still a number of other queries on the topic to warrant a sequel. With that in mind, here are some more queries about access to body corporate records. Q: My body corporate management firm is very concerned with maintaining our clients’ privacy. We have developed a privacy policy, based on guidelines from the relevant government authorities in this area. Surely our privacy […]
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One of the more common queries my Office receives is about access to body corporate records. It stands to reason this query would come up frequently, as it is through access to records that a person with an interest in that scheme can learn – objectively – about how things are operating at the scheme, as well as basic yet essential information such as the body corporate roll. Body corporate legislation is quite prescriptive about how to access records. That said, I do know it is an issue that often causes confusion or uncertainty for those either wanting to access, […]
Coral Coast Pressure Cleaning Solutions has been operating in the Far North for over many years with Ross McLaren at the helm. Body corporate services Driveways and pathways Stairs and pathways Roofs and gutters Bird spike installation Working from heights Shade sails and awnings House and whole building washes What sets us apart from the pack is that our prompt response to our customers calls and quotes. We understand that business and individual needs to make decisions quickly and we work hard to make sure we operate under the highest standards. There is no job too big for Coral Coast […]
In this article we look at the difficulties bodies corporate face when dealing with calculating a quorum at a general meeting and passing valid resolutions. The quorum is the minimum number of people who must be at an annual general meeting before it can start, if there is not a valid quorum then any motion passed at the general meeting may be ruled out of order. The starting point is understanding that there may be a different number of “voters” for counting the quorum than the amount of “votes” for a motion at a general meeting. A quorum is calculated […]
For those in the strata industry you know just how busy your job can be, especially when it comes to maintenance and repairs after storm season. One of the hardest repairs to deal with for any on-site manager, caretaker or strata manager can be mould, especially if you have no idea where it is coming from! Mould in strata buildings can come from all sorts of issues and the responsibility for the repair of mould, as well as the ongoing maintenance to ensure mould doesn’t occur differs from building to building. For high rise buildings, mould can often come from […]
What a question! As it sits right now we have out there in the legislative ether:- Lot entitlements – the discussion paper and QUT’s recommendations By-laws and scheme termination – the discussion paper and QUT’s recommendations Body corporate governance – the discussion paper and QUT’s recommendations BUGTA review – the discussion paper only, so far The lot entitlements discussion paper was issued in February 2014 – almost four years ago. The BUGTA one was issued in September this year.The recommendations are no doubt sitting on the state Attorney-General’s desk amidst a range of other reviews. We have no way of […]
You won’t want to miss out on the opportunity to hear about the proposed changes to the Body Corporate and Community Management (BCCM) Act 1997 presented in plain English! Our line-up of high-calibre industry speakers includes; The Commissioner for Body Corporate and Community Management Chris Irons and Strata Law Expert Frank Higginson (Hynes Legal). The seminar will cover what the proposed changes mean in practice and how you will be affected providing tips, practical insights and takeaways on how you can deal with all the day-to-day implications. Click here to secure your seat now: If you have any questions you […]
When I am at meetings, events, seminars and similar, people will often say to me of my role “that must keep you busy” or words to that effect. In this article, I will attempt to quantify just how “busy” my Office is, by providing some statistics about our work in 2016–17, along with some commentary about what these statistics might mean. In doing so, I hope to be able to provide some context and perspective about the community titles sector in Queensland and the services my Office provides to the sector. We provide two main services: an information service and […]
The National Broadband Network (nbn) is in full swing with 2018 expected to be its biggest year to date for installations. Australia is in desperate need of higher internet speeds; in its most recent rankings, Akamai’s annual internet report placed Australia far below the usual standard of a developed country: currently residing behind Kenya, a country with GDP per capita roughly 3% of Australia’s. Having high-speed internet is quickly becoming a quality of life necessity. While previously unavailable for most Australians, one in two properties in Australia are now “nbn ready”, and this number is quickly increasing as we approach […]
Our founder (Floyd) has been in the cleaning industry since 1978 at the tender age of 15 when he offered to clean the cars in his neighbourhood in Glasgow, UK for pocket money. Floyd then spent 25 years building up an impressive cleaning empire in the UK before moving to Australia in 2003. Settling on the Sunshine Coast (near Brisbane on the southeast coast of Australia), he then purchased a rundown one-man business and went straight to work making Windows and More Cleaning Services what it is today. Windows and More™ is headquartered on the southeast coast of Australia and […]
A Judge of the District Court of Queensland has just ruled that a body corporate must start legal proceedings to recover a contribution that has been outstanding for two years and two months; otherwise the body corporate will be barred from taking action outside that period. This decision will have drastic ramifications across the industry, and we urge the levy recovery departments of all body corporate managers to review the records of any historical arrears to identify cases in which urgent recovery action needs to be taken. What happened? BC for Mount Saint John Industrial Park CTS v Superior Stairs […]
What is it? When an owners corporation or body corporate needs money for renovation or rectification works, emergency repairs, green initiatives, insurance premiums, litigation or other capital requirements there are essentially three options to choose from: use money from a sinking fund raise a special levy take out a loan to cover the costs All options are viable and should be considered depending on the circumstances but what if there is no money available in a sinking fund? Special levies are not often the favourite choice of owners as they are required to find the money to pay for this […]
AccessPro Solutions have a wide range of expertise in gaining access to difficult areas utilising abseiling, swinging stage and mechanical means (elevated work platforms such as boom and scissor lifts) we can devise the most efficient method of access to save time and money while not compromising on quality. Our industry reputation for quality results from our clear communication, in-house project management, extensive quality and safety management to ensure each and every job meets the expectations of our clients. Once safe access is gained, our services include: Painting Concrete/Render Repairs Building Maintenance including water leak rectification and trade based works […]
On 7 September 2017, the Treasury Laws Amendment (Housing Tax Integrity) Bill 2017 was introduced in the House of Representatives as a measure to address housing affordability issues. A key component of this legislation is the implementation of an annual vacancy fee on foreign owners of residential real estate. The vacancy fee will provide a financial incentive for foreign owners to make their property available on the rental market. Any foreign owner that submitted an application to the Foreign Resident Investment Review Board after 7:30pm (AEST) on 9 May 2017 will need to consider the impact of these new rules. […]
As the day-to-day decision-making body on behalf of their body corporate, the body corporate committee plays an integral role. Its composition and a person’s eligibility (or not) for membership of the committee can sometimes be a hotly-contested subject. So let’s look at a few important points, particularly on the topic of eligibility. This is general information intended as a guide and may not be relevant in all cases. The position of a voting member of the committee becomes vacant (known as a casual vacancy) if the member: resigns in writing to the chairperson or secretary; is not present personally or by […]
There are many different forms of agreement drafted by contractors and clients setting out the obligations of each party to the agreement. Some forms of agreement are great, covering off all the important stuff such as details of the service including standards to be provided and the payment terms for the service. Then there are some agreements that are not so great leaving out the details needed to provide certainty of expectations. In this article we list the critical steps to drafting agreement terms that will clearly identify the obligations to be fulfilled, avoiding any “grey” areas and most importantly, […]
Last year, Archers the Strata Professionals published an article on the topic of smoke alarms in anticipation of the pending legislative changes, which can be read here. With the recent Grenfell Tower tragedy and with changes effective as of 1 January 2017 pertaining to smoke alarms, we feel that it is timely to remind readers of the particular compliance requirements in place to keep unit occupants safe in the event of a fire. The legislation applies to Class 1A townhouses and Class 2 unit dwellings that are newly constructed or significantly renovated. These classes are common to strata schemes with […]
Few new strata managers walking in on their first day have the slightest inkling what is in store for them unless they have extensive customer-service experience. Without scaring everyone too much let me say in no uncertain terms that some of the people with whom you will deal will be very difficult. Why is that? Largely it is because of three things: We deal in situations that affect people’s living arrangements, making even the smallest of issues seem very, very personal to the resident. People find Bodies Corporate a perfect place to enact personal agendas. There are no repercussions for […]
Solar power capacity increased tenfold between 2009 and 2011 in Australia. It then quadrupled by 2016. This all occurred at a time when the price of carbon and the Kyoto Protocol were hot topics, and a café latte with smashed avocado on toast became a favourite choice for breakfast. But the government knew that it would take more than favourable public sentiment for renewable energy to be properly taken up. It intervened to break down barriers to solar power installations in strata schemes. On 1 January 2010 Chapter 8A was added to the Building Act 1975 (Qld) (the Building Act) […]
Subject to usage levels and the extent of effective preventative maintenance having been provided, lifts that are 20 or more years old are due for a major modernisation. Equipment of this age will typically experience high breakdown rates, trapped passenger incidents and be generally unreliable. The lift(s) will also exhibit signs such as outdated and severely worn, damaged and corroded interiors as well as internal and external doors and frames. It can be challenging to find technicians trained in maintaining equipment of this age and the technology and components become obsolete and difficult, if not impossible, to source. Many older […]
Bones Plumbing and Roofing has serviced the Sunshine Coast in all things plumbing since 1975. Bones Plumbing and Roofing (Bones) specialises in a wide range of plumbing, drainage and gas fitting maintenance services in the commercial and residential sectors across the greater Sunshine Coast and Gympie. All our staff are provided with fully equipped vehicles to complete tasks with efficiency and top quality, every time. From caravan parks to aquatic centers, from airport upgrades to homemaker centers, councils and the general public, we are a solution orientated business at the top end of the market, offering a trusted, qualified team […]
Implementing energy saving projects in your strata building can provide the highest investment returns on offer, reducing carbon emissions and improving property valuations. But how do you know what are the best projects for your building? An Energy Audit could be the best place to start. Don’t be put off by the term ‘Audit’. This is not about compliance, it’s about identifying opportunities to improve returns on strata property investments. An Energy Audit can help: Lower your building’s energy bills Improve your sinking fund or reduce strata levies Identify out-dated or inefficient electrical equipment Prioritize energy savings opportunities across LED […]
We are excited to present a lineup of high-calibre industry speakers, including the Commissioner for Body Corporate and Community Management Chris Irons and strata law experts Frank Higginson (Hynes Legal) and Juliette Nairn (OMB Solicitors). They will be speaking in plain English about the proposed changes to the Body Corporate and Community Management (BCCM) Act 1997. This will cover what the proposed changes mean in practice and how you will be affected. It will also provide tips, practical insights and takeaways on how you can deal with all day-to-day implications. Our speakers will also be available to answer any of […]
The National Broadband Network (NBN), is a Federal Government initiative which aims to provide Australians with access to high speed broadband by upgrading Australia’s existing telecommunication network. Under this initiative, fibre to the premises will be rolled out on a region by region basis. Once your region is declared NBN ready, you have 18 months to move your landline phone and internet services to the fibre based system. That means the disconnection of the traditional copper communication network has already commenced or will commence shortly. A quick way to check when your Area will be changing over to the NBN […]
When preparing to paint a building, committees are often not certain where they should start and inevitably go direct to a painting company for advice. This is all well and good however, the advice you get will vary sometime depending on the experience and the self-interest of the company approached. In our view, this can lead to painting companies looking for ways to be cheapest rather than most suited for the job by: Being selective in what areas of the building they quote to paint Creating variations that ultimately end up costing more than pricing the work properly in the […]
There continues to be a lot of coverage in the media about electricity prices and this will continue throughout 2017 while the politicians debate energy policy and the findings of the recently released Finkel Review AKA – Independent Review into the Future Security of the National Electricity Market In this article we aim to provide you with information on the factors that influence electricity prices so you can be better informed of the potential impacts on your future electricity costs. Over the past few months, the market has experienced annual electricity cost increases between 10% and 40%. The higher increases […]
Did you know that some Committee decisions can be opposed? This means that before proceeding with any action (particularly anything controversial), the Committee should wait until the notice of opposition time period has passed. What is the time period and process I hear you ask? In this article, we explore the current regulations that include this provision and what is proposed for the future if the legislation is to be updated. At present section 56 of the Body Corporate and Community Management (Standard Module) Regulations Qld 2008 (Standard Module) provides for the ability for owners to challenge a committee resolution. […]
Many people believe the main reason we re-paint body corporate buildings is to protect them from the elements, however, this is not entirely true. Apart from sealing certain aspects, such as metal balustrade where we paint in order to deter rust, or ensure natural timber is kept moist through oiling or staining, the real reason we re-paint any building, is to enhance its visual appeal. The built environment and architecture in general plays a huge role in affecting people’s moods. So when it comes to the health and happiness of a body corporate community, a good looking and clean building […]
I daresay there would be few, if any, of us who relish the thought of cleaning windows in our homes. Spare a thought then for situations in community titles schemes in which there is a multi-storey building where the windows need cleaning and on a regular basis. Not only does this scenario post some logistical issues – for example, how cleaners are going to be safely manoeuvred up and down the building – there is also the question of where responsibility for window cleaning might lie. My office’s Information Service receives this type of enquiry on a regular basis and […]
Few apartment buildings benefit from solar energy, but this is proposed to change. There is no doubt that solar is on the rise. One and a half million Australian homes now have solar power, but next to no apartments benefit directly from solar. A relatively small number of strata buildings in Australia do have solar power that has helped reduce common area energy bills, but almost none have been able to deliver solar to the apartments. This is because up until now, there has been no way to distribute the solar power beyond common power and/ or bill for the solar power […]
Do you have an owner that writes excessive emails about all sorts of issues to everyone on the Committee? You know the sort of owner we mean, the one that dashes out 500 words at 2am on a Saturday morning demanding a response “this instant!”. The Body Corporate has power to make by-laws that relate to the use and enjoyment of the lots and the common property. It is contrary to the Act to create a nuisance or to unreasonably interfere with another owner or occupiers use of their lot or the common property. Committee members are volunteers and in […]
Traditionally looking after a property or business involved managing a number of service providers to maintain the buildings appearance. You could have cleaners, maintenance and repair personnel, carpet cleaners, window cleaners, landscapers, refrigeration specialists, flooring repairs, plumbers, electricians… and the list goes on. In addition to the heavy toll on administration required on accounts for multiple suppliers, you also have to manage them yourself, get quotes, check they are doing a good job/the right job, make calls, supervise, and then often wait for them to show up (or not). All the while you are busy enough trying to do your […]
ENM Solutions’ primary function is to provide solutions for Embedded Networks. Electrical Embedded Networks are a simple and effective way of producing additional funds for Owners, Owners Corporations, Body Corporates, Building Managers, Developers and Embedded Network Operators. A well planned, managed and executed network can be the difference between a surplus that improves your site and a constant uphill battle. We provide independent consultancy and metering solutions for Embedded Networks, as well as fulfilling the Embedded Network Manager (ENM) role for sites across the National Electricity Market (NEM). We are not an Embedded Network Operator – which means we do […]
The issue of noise transference from hard flooring in apartments (like timber and tiles) is a common source of dispute. Even when an occupier is using their lot for normal daily activities, inadequate soundproofing under their hard floors can have a significant and frustrating impact on adjacent lots. Most bodies corporate have a by-law restricting noise likely to interfere with others. Also, section 167 of the Body Corporate and Community Management Act 1997 (the Act) prevents an occupier using or permitting the use of a lot or common property in a way that causes a nuisance or hazard or interferes […]
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Leisuretex Property Maintenance is proud to be a commercial painting company in Queensland for over 20 years. With a staffing team of over 50 painters, we continue to provide a high-quality painting service right from the start, right to the end of your project. Preparation is key to our quality assurance process, working with you all the way to plan and execute a beautiful finish for your building. Our Services PAINTING and PAINTING MAINTENANCE (internal/external painting services, annual building washdowns, repairs prior to painting) WATERPROOFING (rooftops, planter boxes, apartment balconies, water ingress/egress damage control) CONCRETE RECTIFICATIONS (spalling repairs/concrete cancer, remedial […]
Foreign resident capital gains withholding first applied to vendors disposing of certain taxable Australian property under contracts entered into from 1 July 2016. A 10% non-final withholding was applied to these transactions at settlement. New rules for foreign resident capital gains withholding (FRCGW) apply to vendors disposing of certain taxable property under contracts entered into from 1 July 2017. The changes will apply to real property disposals where the contract price is $750,000 and above (previously $2 million) and the FRCGW withholding tax rate will be 12.5% (previously 10%). The existing threshold and rate will apply for any contracts that are entered into from 1 […]
Following the Grenfell Tower fire tragedy, property owners around the world have no doubt gone back to their books to investigate the flammability of materials used in their buildings to ensure another disaster isn’t repeated. The fire sparked apartment building safety audits in numerous countries, including Australia. Just hours after the Grenfell Tower fire, experts were quick to point towards the cladding used in a recent upgrade of the building as the likely culprit for the ferociousness with which the fire spread. While the type of cladding that was used on Grenfell is banned in countries such as the United […]
Following on from the Queensland University of Technology (QUT) recommendations released in February 2017, a further 64 “final” recommendations have been released in a recent announcement made by Attorney-General and Minister for Justice and Minister for Training and Skills, The Honourable Yvette D’Ath. The report focuses on procedural issues under the Body Corporate and Community Management Act 1997. Of the 64 recommendations, 21 suggest no changes! To give you an indication of the actual changes recommended, we have summarised these into procedural areas of General Meetings, Committees, Notices, Disputes and General. Highlights of the General Meeting changes focus on deemed […]
The Smart Strata tour for 2017 has come to an end. Starting on the Gold Coast in mid-May the caravan made its way north to finish in Cairns just before the end of June. Each seminar covered the ‘now’ in terms of towing cars, pets and smoking in bodies corporate and moved to the ‘where’ for each the QUT recommendations with a summary of the discussion points covered in the May SEQ wrap up. The presenters reiterated that the recommendations paper is not law however; it is what has been suggested to the government as being worth considered as […]
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Participation in – or for the purposes of this article, ‘attendance’ at – a general or committee meeting is a fundamental component of a body corporate’s decision-making process. While in-person attendance is arguably the ideal model, I think we would all agree that this is going to be impractical for large numbers of schemes and particularly for larger schemes with a number of interstate or overseas owners. It is also commonplace for meetings in a variety of contexts to be held via teleconference, Skype or similar. The Body Corporate and Community Management Act 1997 (the BCCM Act) is silent on […]
Registering your lift One of the most important things for the owner of a premises with a lift is ensuring the lift has been registered with WorkCover. The responsibility for registration falls upon the owners of the lift. This can cause some confusion with owners as it is mistakenly believed that the lift service provider registers the lift. Unfortunately, lift service providers are unable to do this as we only provide our services to maintain lifts, but, do not own the equipment. To assist owners with the registration process, we are pleased to provide some important information about registering your […]
With 30 June 2017 not far away, thoughts turn towards what needs to be done by the end of the financial year. Following the federal budget being handed down, what needs to be done this year and what impacts strategies going forward? In this article we provide some ideas and tips that might assist with your end of financial year housekeeping. The two (2) areas of focus relative to property are: Housing Affordability Measures Depreciation Deductions And just for good measure we have also thrown in the following topics: Superannuation Issues Capital Expenditure Write off Company Tax Cuts Housing […]
Using ‘roll’ to mean a list or record of names has common usage in a variety of contexts, including an electoral roll or the roll call at school. Its origins appear to be in variations of the Latin ‘rotulus’ or ‘rotula’, pertaining to a wheel. When you think about this word origin when applied to a roll such as a body corporate roll, it begins to make sense – like a wheel, the roll should be something which is nearly always in motion, being updated and kept current. The body corporate roll plays a vital part in the effective day-to-day […]
The Body Corporate and Community Management Act 1997 (BCCM Act) sets out a number of spending limits. Some of these intersect with others. Some need to go to general meeting and some depend on the number of lots in the scheme. The rules relating to them are scattered across the relevant Regulation Modules. This article sets them out in one place. The major categories of spending include the: committee spending limit (is a committee or general meeting required?) major spending limit (are two quotes needed?) common property improvement limit (what type of resolution is required depending on who is making the improvement?) The […]
Many people have found themselves confused about what duties fall under the responsibility of the body corporate versus the strata manager. In this article we iron out some of the confusion. The following is a conclusive list of key differences between the responsibility of the body corporate and that of a strata manager: The body corporate The strata manager • Maintains, manages and controls the common property for the benefit of all lot owners • Carries out the duties contained within the Administration Agreement with the body corporate • Sets the budgets, the amounts to be paid by the owners to […]
Striking levies is one thing; getting paid on time is another. Recovering levies from owners is an important role for the Body Corporate and one that should be taken seriously by the committee, taking into account any special circumstances that may arise. The timely collection of levies enables the Body Corporate to comply with its statutory obligations, be financial, pay its debts on time, pay insurance premiums and undertake timely maintenance as required under the legislation. There are various powers given to the Body Corporate to enforce collection and incentivise owners. Incentivising owners through early payment discounts and timely debt […]
My Office receives a large number of enquiries about a body corporate’s obligations and options regarding its bank accounts. As you might expect, legislative provisions around this topic are quite prescriptive, with the aims of maximising transparency of financial management and ensuring that body corporate funds are optimally – and properly – used. In this article I will endeavour to clarify some of these matters. As always, this is general information only and is no substitute for qualified legal or financial advice. Also, for the purposes of this article, I will refer to provisions of the Standard Module. Depending on […]
Budgeting for expenditure (particularly over the long term) is more an art than a science, but every body corporate must have budgets for their administration and sinking funds. The administration fund should (in theory) zero out every year. You should raise money for the expenditure over the next 12 months, and spend it. You know you need to spend $15,000 on your strata manager, so you include that exact number in your budget. Insurance last year was $40,000, so you include that number plus a 3% increase. After that it gets murkier. You might need a lawyer throughout the year, […]
The first round of community education seminars held in South East Queensland concluded with over 500 stakeholders in attendance. A complete sell out for the Brisbane event demonstrated the high level of interest in Strata Law Reform and what it means for the industry. Keynote speakers Commissioner Chris Irons, Legal Expert Frank Higginson (Hynes Legal) and Shadow Fair Trading Minster Jarrod Bleijie (MP) were very well received by the audiences presenting in detail the latest QUT recommendations into Strata Law Reform summarised as follows: Towing Unsurprisingly parking issues are a recurrent theme and the fifth most disputed matter in the […]
Part 2 – Enforcement of Body Corporate Debts Striking levies is one thing; getting paid on time is another. Recovering levies from owners is an important role for the Body Corporate and one that should be taken seriously by the committee, taking into account any special circumstances that may arise. The timely collection of levies enables the Body Corporate to comply with its statutory obligations, be financial, pay its debts on time, pay insurance premiums and undertake timely maintenance as required under the legislation. There are various powers given to the Body Corporate to enforce collection and incentivise owners. Incentivising […]
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The world of body corporate is one in which there is a large range of options and decisions to be considered. Unsurprisingly, therefore, it is common that my Office gets asked questions of the “Do I have to…?” variety. Sometimes the answer to such questions is a bit more involved than a simple yes or no. With this in mind, in this article, I will attempt to answer a few of the more common “Do I have to…?” queries we hear, together with a short explanation for those answers. Let’s begin: “Do I have to…be part of a body corporate […]
Developers, Bodies Corporate or Lot owners who seek to install or to approve the installation of structures which could impact upon an owner’s views should take note of the decision and the four-step test explained below. On 14 September 2016 QCAT handed down its decision in Miles v Body Corporate for Solarus Residential CTS 41491 & others [2016] QCATA. The issue was whether a pergola installed with the approval of a Body Corporate unreasonably interfered with the use and enjoyment of the unit above, by reducing the upper unit’s water views. Section 167 of the Body Corporate and Community Management […]
Strata buildings demand government support as electric vehicle adoption accelerates Strata schemes in Queensland can now register to receive a free assessment and roadmap for electric vehicle recharging in their building. Thanks to Griffith University the recently approved City of Sydney grant funded program is now being extended into the sunshine state. Participant buildings will receive: Capacity charge analysis of the main switchboard Tailored feasibility assessment for installing electric vehicle recharging Solar and battery options to lower carbon emissions Opportunity to become a demonstration site for electric vehicle recharging Strata owners face a number of issues related to electric vehicle […]
We provide a complete cleaning, maintenance, building and facility management solution for your business, delivered through a single point of contact, generating streamlined benefits and cost efficiencies for your operations. About CMBM Facility Services CMBM Facility Services are a 100% Australian owned company that has been in operation since 2005. Some of the services we are currently providing across more than 400 sites across Queensland include: Commercial Cleaning Facility Management Part 5 Inspection Reports Repairs & Trade Services Grounds Maintenance Building Services, including refurbishments, renovations and general works Non-Slip Surfaces Pressure Cleaning Bond Cleaning Our success is attributed to our […]
Anyone who has ever sat fuming in a traffic jam or circled a shopping centre car park waiting for a parking opportunity would appreciate the frustrations that car parking can bring. Needless to say, the issue of parking and vehicles more generally on a community titles scheme is one that we regularly encounter at the Commissioner’s Office, either as an enquiry or as the basis for a dispute resolution application. The issue of visitor parking or common property parking is one that may be regulated by the body corporate. In the first instance, when wanting to determine how parking areas […]
One of the common matters causing disputes in Bodies Corporate is the regulation of car parking upon common property and the power (or in some instances lack thereof) of the Body Corporate to arrange for the towing of vehicles from common property. It is important to note that one size does not fit all when it comes to regulating parking within Bodies Corporate. Each Scheme has its own plan, by-laws and development conditions, (imposed by the Local Authority) which will have a considerable impact on the rights and responsibilities of the Body Corporate, Lot Owners, Occupiers and Visitors on the […]
As Commissioner, one of the most common phrases I have seen and heard in either information enquiries or dispute resolution applications is “who is responsible for…?” The idea of ‘responsibility’ is at the heart of so many body corporate matters and this is particularly so when it comes to the roles and responsibilities of accommodation managers. Unfortunately, misunderstandings of the roles and responsibilities of people involved in a community titles scheme can result in disagreements and disputes. Accommodation managers can assist in avoiding those types of disputes by having a clear understanding about their relationship with the body corporate for […]
Ever thought about joining a Body Corporate Committee but not sure what’s involved? In this article we will explain in simple terms, the duties and functions of each positon. But first, we provide a brief background to the where the Committee starts. The Body Corporate is required to elect a Committee at each Annual General Meeting from the eligible Lot Owners and/or their nominated representatives. Once elected, the Committee are charged with the responsibility of the day-to-day running of the Body Corporate, by making decisions on behalf of the Body Corporate on matters that are not listed as Committee restricted […]
The National Broadband Network (NBN) is Australia’s new landline phone and internet network. The NBN rollout will affect the operation of lift emergency phones, fire alarm panels, back to base security systems, medical alert systems and landline phones in many Australian buildings. Emergency telephones are an integral part of your lift’s safety system, which allows trapped passengers to call for help. The emergency telephone must be operational at all times, even in a power outage. Generally, your existing lift emergency phone will not work on the new NBN network and needs to be migrated. To ensure your emergency phone is […]
New Statutory Valuations recently announced across Queensland – Disagree with a valuation? Object. The Queensland Valuer General has recently issued new Statutory Valuations for 28 local municipalities across the state. We are half way through the objection period and the deadline is fast approaching. The areas affected include: Balonne, Barcaldine, Blackall Tambo, Brisbane, Bundaberg, Carpentaria, Cassowary, Central Highlands, Croydon, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Livingstone, Logan, Mackay, Maranoa, Mareeba, Moreton Bay, North Burnett, Rockhampton, Somerset, Southern Downs, Tablelands, Townsville, Western Downs and Whitsunday. Those who believe an area’s new Statutory Valuation to be incorrect, have until Monday 8 May […]
Body corporate committees have the day-to-day responsibility for ensuring the body corporate’s affairs run smoothly. Depending on the scope of those affairs, the responsibility of a committee member, including being responsible for a significant amount of property and funds, might be considerable and there might be, as a result, a bit of competition for committee membership within the body corporate. It is therefore no surprise that queries about eligibility for committee membership are commonly received by my Office, as both information enquiries and as part of a dispute resolution application. To begin with, a bit of background. Committee eligibility is […]
Lot owners held personally liable for judgement debt of their Body Corporate In June of 2016, for the first time ever a District Court Judge made orders against five Lot owners that they pay to their Body Corporate all of the money that the Body Corporate had been ordered to pay to a sixth Lot owner. The decision is an important one for both Bodies Corporate and anyone involved in litigation with a Body Corporate. This first use of the power to make some Lot owners responsible for Body Corporate judgement debts, and not others, is something that all Bodies […]
Households and businesses affected by Tropical Cyclone Debbie and its aftermath are being warned to watch out for scam artists posing as builders or insurance company assessors. Insurance companies have received calls from distraught policyholders in northern and south-eastern Queensland and northern New South Wales who have been doorknocked by scammers demanding cash for clean-up, inspection and repair services. ICA CEO Rob Whelan said being aware of scam repairers and builders could save policyholders from becoming victims twice. “This racket is generally carried out by travelling conmen and woman who typically target elderly or vulnerable householders, though business owners are […]
There has been a lot of talk in the media recently about electricity prices and this will continue throughout 2017 and beyond. This electricity market update aims to provide you with information on the factors that influence electricity prices so you are more aware of the potential impacts on your future electricity costs. Over the past few months the majority of customers have experienced annual electricity cost increases of between 10% and 40%. The higher increases apply to customers who are coming off longer term (two or three year) contracts. This has been driven by steep increases in the wholesale […]
The Insurance Council of Australia (ICA) is the representative body of the general insurance industry in Australia. Its members represent more than 90 per cent of total premium income written by private sector general insurers. Insurance Council members, both insurers and reinsurers, are a significant part of the Australian financial services […]
Scientific Pest Management is a family owned and operated business, founded in 1996 as a single man operation. Brett Johnstone, owner of SPM Sunshine Coast, has worked in the pest management industry for over 20 years in the industry. Brett & the SPM team understand that unwanted guests in your home or business can cause you stress and discomfort. That’s why when you seek assistance from the Scientific Pest Management team, you can rest assured that your pest problem will be made a priority with the most effective and efficient techniques and treatments used for your ultimate peace of mind. […]
With my Office providing a dispute resolution service for Queensland’s community titles sector – comprising over 40,000 different schemes – it is no surprise the disputes in question traverse a range of matters. Sometimes the disputes are about tangible matters, for example, maintenance, financial management or decision-making. At other times my Office sees dispute resolution applications lodged which appear to be about less tangible and more emotive matters. In such cases it is common to see parties claiming they are experiencing instances of nuisance, harassment, bullying or abuse. For people to say they are experiencing these things clearly indicates that […]
Australia has an energy crisis and funnily enough, that is what it took for strata schemes to start working as real communities to beat the energy price rises. There has been increased interest in apartment owners joining forces with each other to bulk buy electricity with a new smart metering setup across their block. Enter the Australian Energy Regulator (AER) and before you know it you’ll be talking about the NEM, the NERL, the NERR, the NEL, AEMO, AEMC, MSATS and my favourite, NEO which stands for National Electricity Objective….but wasn’t the objective just to save 30% off everyone’s individual apartment […]
Established in 1949, Higgins Coatings is Australia’s premier commercial contractor. As a national company offering a local service, we specialise in providing tailored maintenance solutions for all your painting and building needs. Higgins has the expertise and resources to handle every aspect of any job, leaving you to focus on the real issues that matter to your property. With a commitment to WH&S, quality, and the environment, Higgins Coatings has achieved an industry-leading ISO tri-certification. We stand behind our company motto ‘Whatever it takes’, ensuring that every finished product is one of supreme quality. Services Include Commercial painting Maintenance painting […]
Does your Body Corporate supply services to owners and occupiers within your scheme? This practice is perfectly legal provided that the legislated requirements to enter into an enforceable agreement are reached. An agreement is required to provide certainty when seeking recovery of the Body Corporate’s costs paid for providing the service benefiting the owner or occupier and, importantly, costs can only be imposed after reaching agreement with the service user. Failure to follow this requirement to enter into an agreement could see a body corporate left out-of-pocket for something that does not benefit all owners or occupiers. Service supplied to […]
DSCV’s top tips for effective communication: Make sure you both have enough time to talk through the issues Communicate your needs and concerns Keep your emotions in check, stay relaxed Attack the problem, not the person Listen to the other side and acknowledge their needs and feelings If this fails, agree to take a break and set a time to try again later Max* knew that residents were not allowed to park on common property, but he always thought that common sense would prevail. That was until the day he parked his caravan next to his unit the night before a weekend […]
CHU has grown to become recognised as the world’s leading strata insurance specialist, underwriting more than 100,000 schemes across Australia. Our innovative approach in providing the best insurance solutions in the market centers around making life easier for our customers. CHU’s suite of strata insurance plans of Residential Strata, Commercial Strata and Community Title are regularly updated to ensure that they continue to be the market leader in cover. Whether you’re a Strata Manager, Broker or a lot owner you should always choose a CHU product to make sure you have cover that protects you beyond the minimum requirements. With 38 years’ […]
Last time we wrote about how a monetary liability in a by-law is unlawful. Click here for a link to that article if you want a refresher. The question was – if we can’t recover the QFRS costs under the by-laws, how do we get them back? One simple answer for a lot of committees is to simply lumber the lot owners levy account with the amount paid to the QFRS. This is also wrong. A body corporate debt To take this though to conclusion we need to look at what a ‘body corporate debt’ actually is. A body corporate debt […]
Archers the Strata Professionals were invited to present at the Strata Community Australia (QLD) (SCA) annual conference held last week to provide professional development training to the attending SCA Strata Manager members. The presentation focussed on the topic of Committee meetings and started with some of the basics to assist Strata Managers identify what Committee meetings are for and their role. How to adequately prepare was also covered in detail with the presentation finishing off with various technical aspects and best practice specifically requested by SCA which included: Requesting attendees to leave a meeting Conflicts of interest Use of proxies […]
When we talk about body corporate matters, there is one group that sometimes gets left out of the discussion – tenants. To be more specific, the Body Corporate and Community Management Act 1997 (the Act) does not actually refer to tenants, it refers to ‘occupiers’. For the purposes of this article though, I’ll refer to tenants and think of them as people holding a lease for a lot in a scheme. I will do so because I want to address a number of myths about the interaction between tenants and the body corporate. My Office hears and sees these ‘myths’ […]
Monetary liabilities – part 1 It’s 2am Saturday morning and the student on the bottom floor unit burns his toast looking for a post-midnight snack. The fire alarm triggers, the whole building is evacuated and the firies give up their weight room workout for a bit and roll up to do nothing more than charge the body corporate for their services (and of course to ensure the safety of everyone). This is an increasingly common situation in strataland and is our case study for this and next week’s article. Our hypothetical building’s by-laws say that: “If an Occupier causes the fire […]
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Former Queensland Premier Sir Joh Bjelke-Petersen’s “crane index” has shot through the roof in South-East Queensland. But what happens when a Developer wants to swing a crane through your Common Property airspace? The short answer is they can’t swing that crane without Body Corporate consent. Most Bodies Corporate will grant consent, once the right deal is struck. Typically crane access is granted for the expected construction period and recorded in a Deed. As the access is temporary, it’s usually expressed to be in the form of a (non-exclusive) licence of common property air space. For most Bodies Corporate granting that […]
Given that keys, key access, access codes and the like are essential for gaining access to your home or scheme, these items are a topic of considerable interest (not to mention discord) in bodies corporate. For the onsite manager who lives on premise, and is in the thick of any situations where keys are needed (or lost), it is essential to be armed with some basic access information. The Information Service at BCCM has received a number of queries lately about the right of the caretaking service contractor (this is the legislative term for what is commonly referred to as […]
SWConsult (Stephen Waite) In 2003 Stephen Waite founded Structural Waterproof Consulting (abbreviated to SWConsult) to provide forensic remedial building consultancy in Greater Brisbane, Gold Coast, Sunshine Coast and Northern NSW. SWConsult provides remedial and structural engineering services primarily to Strata and Body Corporate Managers of residential, commercial and resort high rise buildings as well as local government, property and management services. We also consult to the remedial building sector (Contractors) who require Structural Engineering advice. With over 15 years experience in superintendence/project management and trouble shooting difficult building issues in the remedial building sector; we’ve got you covered. The SWConsult team offers maturity comprising […]
The journey from trainee body corporate manager to company shareholder and partner proves there is no ladder Melissa Braney can’t climb. Melissa has witnessed the impressive growth of Archers first-hand, joining the company in 2008. She first took on the Hamilton Island building portfolio in 2009, which at the time was only responsible for a small number of buildings. Today the portfolio has evolved to now cover a large number of prestige properties. The key to Melissa’s success was fulfilling a number of small goals which soon culminated in her position as partner. Melissa said it was interaction with remarkable […]
There are few more vexed body corporate issues than cigarette smoking. Its potential for negative impact in a community titles scheme should never be under-estimated. Queensland, like many other parts of the world, in recent decades, has undergone a significant shift in the way it regulates cigarette smoking. What once was acceptable is no longer the case. A community titles scheme generally involves high-density living – a significant number of people living, occupying, or working, in a relatively small space. Impacts such as second-hand smoke or smoke drift, that might be manageable in a more spread-out environment, can become an […]
The Information Service of my Office has received a number of enquiries lately for general information about the transfer of caretaking service contracts. To start with the basics, as you will probably be aware, the definition of a ‘caretaking service contractor’ is a service contractor for a community titles scheme who is also a letting agent for the scheme or an associate of a letting agent for the scheme. Sometimes this role might be called the ‘onsite manager’ or ‘restricted letting agent’ or ‘resident unit manager’. A common term in the industry for the overall arrangement is ‘management rights’. As […]
If you have a building with management rights it is inevitable that at some stage the body corporate will be asked to consent to the assignment of them. Who does what? What does the body corporate have to do? Does the body corporate have to say yes? What is this Gallery Vie all about? All of those questions and plenty more are answered in the only guide published by expert body corporate lawyers Hynes Legal. This is the definitive guide for committees when considering the assignment of management rights agreements. You can download it here. This article was contributed by […]
30 years ago your strata roof might have been covered in tonnes of black rocks, or it was a barren landscape with only a vent here and there. While new strata developments often already have solar panels or lush community gardens, older buildings still have roofs that are greatly underutilised. Converting this space into a green roof will increase property marketability and valuations, and has demonstrated financial, social and environmental benefits for the building, and others around it. It is likely that you’ve seen green roofs and walls popping up more and more around your city. The City of Sydney […]
Since our successful completion of the sale of an entire Strata Scheme in Sydney, and the subsequent changes to the New South Wales Strata Legislation, we have received increased interest from Bodies Corporate in the concept of taking a pro-active approach to the sale of their Community Title Scheme. While the Queensland Legislation still requires the Body Corporate to resolve, by way of resolution without dissent, to terminate the Scheme, we are finding that more and more complexes in Queensland are prepared to seriously consider the collective sale of the entire scheme. BUILDING MAINTENANCE AND PREPARING FOR THE END OF […]
“Water, water, everywhere…” Whether water occurs as a result of a storm, overflow or maybe a burst pipe, water leakage and resultant water damage can cause considerable destruction and stress. This is particularly so in a community titles scheme, where, for example, a water leak in a high-rise building has the potential to cascade downwards, leading to significant repairs. There is also the vexing question of who is responsible for water leakages and damage at a community titles scheme. While my Office cannot give legal advice or a ‘ruling’, this article will attempt to clarify some of the main issues […]
There is an emerging concern as to where to draw the line when strata managers and owners corporations are on-selling energy to residents and commercial tenants within their premises. Typically bulk electricity supply can generate savings of 25% – 40% on the total combined energy usage of the building. Savings are typically passed on to tenants or used to offset common area energy costs. However, intermediary service providers also make a margin for their services. Owners corporations and strata managers need to ensure that tenants are happy with the arrangement, and that benefits are equitable and legal. While there are certain […]
I thought it suitable to provide some tips for a productive meeting: General discussion is not mentioned in the legislation so there is no explicit right for an owner to speak at a general meeting. Remove emotion from the meeting as this can cause unnecessary tension. You are there to vote not to express your personal opinion. If you feel it is necessary to ventilate an opinion, view, grievance or instigate a detailed discussion, this can and ideally should be done before the meeting takes place. Ensure owners are aware of the meeting processes and what they need to do […]
As the caretaking service contractor, I own a lot in my company name and a lot in my own name. I am also the representative for my son’s lot but he owes levies to the body corporate. If I go to the meeting, am I considered to have three votes when determining the quorum for a general meeting? The quorum for general meeting provisions in the regulations require at least 25 per cent of the number of ‘voters’ to be ‘present’ for the meeting. The term ‘voter’ is critical to establish a quorum; it differs to being an ‘owner’. The […]
Our caretaking service contractor has sent out a letter to all owners asking them to vote for certain committee candidates and to vote to extend the caretaking service contract. Is this permissible under the Act? While the Body Corporate and Community Management Act 1997 and its associated regulations remain silent in regards to lobbying, it sets out the procedures required for calling and conducting general meetings to support owners making an informed, valid vote. We have dealt with a small number of dispute resolution applications where it was claimed lobbying had influenced the vote. In each case, the adjudicator either […]
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Here at the Commissioner’s Office, we are only too happy to answer questions (assuming they’re ours to answer) and give information about body corporate matters. That said, it’s fair to say that there are some queries that we do hear over and over. With this in mind, I present to you our list of “10 Frequently Asked Questions You Keep Asking Us”. But seriously, the real aim of this list is to help you avoid having to make a call or send an email to our Information Service by setting out some of the more common queries we receive. […]
Recently the former Chief Justice of the Supreme Court of Queensland, Justice Carmody, handed down an important decision of the Queensland Civil and Administrative Tribunal in relation to pets within bodies corporate; Body Corporate for Beaches Surfers Paradise V Backshell [2016] QCATA 177. Even better Justice Carmody provided a pet decision making checklist, for when bodies corporate are deciding whether to allow pets. In His Honour’s opinion, when making a decision whether to allow a pet, a reasonable committee would consider: Its proper legal requirements and its functions; The sources, purposes and limits of its discretion; All the relevant circumstantial […]
In today’s society rapid evolution in technology and design is a continual phenomenon. Typically, as one product is released, another is being designed to replace it. As an example, the iPhone itself has had 13 versions since it was introduced into the market in 2007. The Elevator Industry, just like the iPhone has gone through massive technological advancements that continue to push the boundaries of ensuring people get to where they want to in a building in a timely and safe manner. One form of enhancing your current Elevator Asset is through Modernisation. Modernisation in essence is replacing the main […]
Last time I wrote about the importance of making sure you have the right by-laws before taking enforcement action for a contravention notice of a body corporate by-law. So I consider it timely to outline the fundamentals of the by-law enforcement process in this article. A misunderstanding my Office’s Information Service hears often is where bodies corporate rely on property managers or the onsite manager to enforce the scheme’s by-laws against tenants in lots they manage. While by-laws apply equally to owners and occupiers (tenants) in the scheme, the body corporate has the obligation under the Body Corporate and Community […]
Every now and then you hear of someone who was trapped in a lift. So what do you do if you or one of your tenants become trapped? Firstly, don’t panic! You are perfectly safe. You will not suffocate and you cannot fall. Press the door-open button to see if the lift is still sitting at floor level, but with the doors closed. Try another level button. If none of this helps, locate and use the emergency telephone typically marked as a button with a telephone symbol. Sometimes the emergency telephone is triggered by the alarm button marked with a […]
A regular topic I get asked to speak or write about is by-laws. As a result, I have spoken at length about by-laws, what they are (and are not), how they operate, and what effect they might have for occupiers and owners in a community titles scheme. It must be remembered that by-laws apply equally to occupiers and owners and that the body corporate is responsible for enforcing its by-laws. However it is critical for all involved in community titles schemes to ensure they are looking at the right by-laws for that scheme. Too often my Information Service hears of […]
Do your New Year resolutions include saving money, or helping the environment? Implementing energy saving projects in your strata building can provide the highest investment returns on offer, reducing carbon emissions and improving property valuations. But how do you know what are the best projects for your building? An Energy Audit could be the best place to start. Don’t be put off by the term ‘Audit’. This is not about compliance, it’s about identifying opportunities to improve returns on strata property investments. An Energy Audit can help: Lower your building’s energy bills Improve your sinking fund or reduce strata levies […]
We see thousands of by-laws every year. Our personal favourite is a by-law requiring the body corporate to keep a rope in the pool so that if a koala falls in, the koala can climb back out. We don’t see how that by-law can ever be enforced, especially by the koala it is there to protect! On a more practical note, the examples below are some of the most common by-laws we see that are unnecessary or unlawful are along these lines:- By-law Issue An Occupier must not create noise at any time likely to interfere with the peaceful enjoyment […]
StrataMax is a leading software provider for the strata management industry. With over 25 years in strata, StrataMax offers the complete solution for managing a strata business. StrataMax software is used to manage nearly 650,000 lots Australia-wide. The breadth and depth of the software solution makes it suitable for small to very large strata title, body corporate or owners corporation offices. StrataMax understands the unique legislative requirements of each state and ensures the software complies. Connect with us here or give us a […]
Home Warranty Scheme Notional Premium no longer applies to painting SCA (Qld) initiated change to unfair multiplier Upon the release of the amendments to the Home Warranty Scheme (HWS) on 28 October, SCA (Qld) instigated an urgent meeting with Housing and Public Works Minister Mick de Brenni to discuss the unfair additional cost imposed on owners in strata properties. As of 2 December 2016, notional pricing no longer applies when certain types of building work are carried out for common property in or on a multiple dwelling or duplex. The types of common property work to which notional pricing will no longer […]
As you would no doubt be aware, the Office of the Commissioner for Body Corporate and Community Management provides an information service to all parties with an interest in the community titles sector. This includes those people who are thinking about purchasing a lot in a community titles scheme. Prospective purchasers of lots have many things to consider, with one of the main things being the rights, responsibilities and obligations which go hand-in-hand with buying a lot. With this in mind, the Commissioners Office has developed a new page on its website to assist these prospective purchasers get better informed […]
With summer upon us, electricity usage is likely to skyrocket with increased use of air conditioning and other associated cooling cost which is often among one of the largest expenses for strata schemes during the warmer months. It is important for bodies corporate to continually monitor and review their electricity usage to reduce costs and to also be more energy efficient reducing their carbon footprint. The first step in reducing energy costs is getting to know the services in your building to determine where the energy is being used. Common areas services such as lighting, elevators, central water heating, air […]
Leading Lawyers. Living Strata – Redchip Lawyers Redchip Strata Law is dedicated to the strata sector. With a deep industry understanding and decades-long experience, we know the way to your strata solutions. We offer body corporate advice, management rights transactions and dispute resolution services. While we keep our eye on strata, we are backed by the commercial, property and litigation experts at Redchip Lawyers to support our clients’ needs. Connect with us here or give us a […]
QPAMS is a specialist company with tailored programs and services suiting our clients’ specific needs and requirements. Long associations directly with clients, vast knowledge, and experience in all aspects of painting and remediation is what we believe makes our company successful. QPAMS provide superior service through consistently exceptional work, attention to detail in project supervision and prompt attention to our clients’ requests. Commercial painting Protective coatings Epoxy flooring Sports flooring Swimming pools Building maintenance Waterproofing UHP water jetting Body corporate finance Demolition Crane trucks Connect with us here or give us a […]
For over 40 years Express Glass has been providing emergency glass replacement services to Australian businesses and households. We operate nationwide 24 hours a day, every day of the year and service the length and breadth of the country through our own branches and an extensive network of local glaziers. Express Glass are the dominant service provider in the glass repair industry to the business and property management sectors. This has been achieved by developing a tailored service delivery model providing excellent value for our customers. We do what we say and our reputation as an experienced and capable alternative […]
Energy Options Australia is an independent energy consulting business based in Brisbane. Our focus is to draw on our consultant’s extensive experience and knowledge of the electricity and energy industry to provide timely, cost-effective energy advice and services to our customers. Energy Options Australia consultants are specialists with more than seventy five years combined experience. We focus on delivering a wide range of solutions to provide our customers with opportunities for ongoing savings. Tariff Analysis and Review Contract Negotiation and Review Energy Efficiency Improvement Sub Metering Environmental Audits Solar Connect with us here or give us a […]
What is it? When an owners corporation or body corporate needs money for renovation or rectification works, emergency repairs, green initiatives, insurance premiums, litigation or other capital requirements there are essentially three options to choose from: use money from a sinking fund raise a special levy take out a loan to cover the costs All options are viable and should be considered depending on the circumstances but what if there is no money available in a sinking fund? Special levies are not often the favourite choice of owners as they are required to find the money to pay for this […]
[avatar user=”Archers the Strata Professionals” /] The Christmas festive season is a traditional time for residents to come together with family and friends to celebrate. While the celebrations are often a relaxed and enjoyable occasions, there are times when the sociable atmosphere and presence of alcohol can lead to risky behaviors and can at times get out of hand. In a strata environment, there are extra considerations to be made due to the close vicinity of homes to each other and use of common facilities. In any private home, it’s the resident responsibility to ensure the health, safety and […]
At Strata Legal Queensland we specialise in recovering overdue levies and managing your strata debtors. Our firm is based in Brisbane and the Whitsundays. We service the greater Queensland region. With clients from Cairns to Burleigh Heads and from Toowoomba to Townsville, we are accessible wherever your complex is located. Connect with us here or give us a […]
Boss Fire Protection “Celebrating 23 YEARS in business in 2020” BOSS Building Maintenance is ‘Built On Superior Service’. Working with you to achieve optimum results in maintaining your building. BOSS Building Maintenance has a unique competitive advantage in its ability to assume a proactive approach to essential building services and maintenance throughout Queensland. BOSS Building Maintenance ensures that our customers are receiving the best advice in maintaining their buildings’ assets. It is imperative that a building is maintained at the highest level and has all of its assets operating at its optimum and is compliant with legislation to protect and prolong […]
As Christmas rapidly approaches and you start to plan for 2017, it’s important to set yourself up financially and budget for expenses you don’t often think about – like body corporate fees. If you own an apartment or are looking to invest in one, you are required to pay body corporate fees, commonly known as levies, which cover the costs of maintaining common areas, and general management. These fees are generally split into two funds; an administration fund and a sinking fund. The administration fund covers general administration, maintenance, insurance and other ongoing costs, while the sinking fund is used […]
Boss Building Maintenance “Celebrating 23 YEARS in business in 2020” BOSS Building Maintenance is ‘Built On Superior Service’. Working with you to achieve optimum results in maintaining your building. We have a unique competitive advantage in its ability to assume a proactive approach to essential building services and maintenance throughout Queensland. BOSS Building Maintenance ensures that our customers are receiving the best advice in maintaining their buildings’ assets. It is imperative that a building is maintained at the highest level and has all of its assets operating at its optimum and is compliant with legislation to protect and prolong the structure […]
Boss Elevators is ‘Leading the Change’…. We are bringing back quality and transparency to the elevator industry. The ‘Elevator Professionals‘ in modernisation and routine servicing. Routine Service Agreements without the ‘small print’: * 3 Year Term; * 1 Year successive Terms; * 30 Day Termination Notice Period; * Payment due on First Day of service period; * Option to include or exclude Fusion Cover; * Option for 12 Monthly or Bi-Monthly visits per Annum; * 3 Yearly Independent Audit; * Comprehensive service provisions without the ‘threats’. Let us customise a maintenance plan that suits your building. Call BOSS Elevators on 1300 […]
LOCAL LIFT ENGINEERING SPECIALISTS – Innovative Lift Consulting Innovative Lift Consulting Pty Ltd and it’s predecessors, are the your Locally Based Specialist Lift Engineering Consultants servicing ALL of QLD! We are Full Time Lift Specialists, NOT Engineers from another Discipline (Mechanical, Electrical, Fire, Hydraulics) who delve part time into Lift Services. Our Principal – Bryan Fulcher has been actively involved in Local Lift Projects since 1979 and the Firm has been physically located in Brisbane and the Gold Coast for that entire period. Being “Local” ensures our many and varied Clients receive immediate and timely advice and attention to any/all […]
Archer Gowland Redshaw is a full-service Chartered Accounting servicing South-East Queensland and led by Directors: Ian Walker and Smiljan Jankovic. Bolstered by over fifty years’ experience operating as trusted business accountants and advisors, the firm specialises in Accounting & Taxation, Business Advisory, Family Office, Management Rights, Superannuation, and Tax Consulting services. Our practice aims to build client-orientated relationships; providing bespoke solutions and the latest best-practice advice. We are dedicated to maximising returns for clients surrounding your business and personal financial affairs. Contact us on (07) 3002 2699 or Connect with us […]
Know. Grace Lawyers was established in 2005 and its Queensland operation started in 2011 to service the needs of the strata, community, company and bodies corporate title industry. Since that time the sector has become larger and more sophisticated and so too has the Grace Lawyers service offering. In recognition of those services, our Queensland business has won both the SCA (QLD) and SCA (National) Strata Services Business of the Year Award (2021-22). These two organisations are the peak industry bodies for the strata sector in QLD and Nationally. Its membership consists of strata management companies, strata service suppliers, community titles […]
Welcome to Hospitality & Strata Pty Ltd – a specialist accounting and audit firm providing a full range of accounting, audit, due diligence and taxation services to the hospitality sector. Our services are tailored specifically for management rights, hospitality, body corporate and strata audit clients and our sole focus on the hospitality sector means we offer timely, industry-specific advice. We know this business inside and out. We have more than 30 years’ experience within this unique and dynamic industry, and we pride ourselves on providing unmatched accounting and audit services to many of the industry’s largest (and smallest) players. If […]
Barnes Backflow – Licensed Plumber #20674 • Backflow Certified • TMV certified Barnes Backflow specialises exclusively in backflow prevention services, including backflow testing and certification, servicing, replacement, and expert advice on backflow devices. We do not undertake general plumbing work, allowing us to focus solely on delivering specialist backflow solutions. With more than 20 years of experience in the backflow industry, we provide reliable, knowledgeable, and compliant services to our clients. Our testing equipment is fully digital rather than analogue, delivering more accurate and consistent test results. We utilise a dedicated backflow and TMV testing program that allows Form 9 […]
Whether you’re new to the world of strata or already have an active role within your scheme, understanding how to properly engage and manage a service contract is essential. Bodies Corporate are often faced with considering engagement of service contractors to complete various essential services. The scope of services and the terms can vary greatly depending upon the complexity of the services. The most common agreements that bodies corporate enter into are with Caretakers (Building Managers), Lift Maintenance Service, Fire Equipment Service, Gardeners, Cleaners, Utilities Providers and Billing Agents. These agreements are usually the most important agreements that strata owners will […]
Each year, more than 50,000 school leavers attend Schoolies, with thousands flocking to the Gold Coast to celebrate. Wilful damage to property, overcrowding and excessive noise are just some of the recurring problems property managers face during the notorious party week, which kicks off 19 November. To reduce the risk of damage, unit owners should revisit their behaviour management plan and discuss clear ground rules and mitigation strategies with their resident manager for school leavers to follow. We recommend this is done as early as possible to ensure graduates have ample time to review the guidelines with their parents and […]
On Saturday 12 November 2016, a new law will come into effect that prohibits unfair contract terms in standard form contracts when dealing with small business. It will apply to any standard form contract entered into or renewed on or after 12 November 2016. The law relates to the supply of goods or services or the sale or grant of an interest in land when at least one party to the contract is legally considered a ‘small business’. The ‘upfront price payable’ under the contract must be no more than $300,000 or $1 million if the contract is for longer […]
As long as we can remember, Australians have been menaced by intense storms due to the size, shape, and location of the Australian continent. Our continent provides the perfect spawning ground for cyclones, severe thunderstorms, tornadoes, and even super-cells. And… it’s predicted, due to climate change, that Australia’s storms are likely to grow stronger and more frequent in the years to come. The 2016 storm season has started. So, what can you do to prepare for the unexpected and minimize any impact for now and into the future? Firstly, click on this great 3D link to see what you can […]
Last week the High Court handed down its judgment in the matter of Ainsworth & Ors v Albrecht & Anor. In doing so, it clarified the test that will determine whether a lot owner who has dissented to a motion has acted reasonably. Mahoneys acted for the respondent to the appeal. The decision also gives some guidance about what is meant by the general concept of reasonableness. However, in the context of bodies corporate, it will be most relevant when deciding whether a motion considered at a general meeting has failed because of ‘unreasonable’ opposition. The Facts In Ainsworth, a […]
The Queensland University of Technology (QUT) Commercial and Property Law Research Centre, on behalf of the Queensland Government, has examined body corporate lot entitlement issues as part of a broad property law review. Lot entitlements are used to determine each lot owner’s share of expenses incurred by their body corporate. These costs typically relate to management, repair, maintenance and improvement of common property. QUT has recommended discontinuing the use of contribution schedule lot entitlements and suggests instead categorising expenses into the following three categories to facilitate a more direct allocation of costs between lot owners: Category 1 expenses that benefit […]
On 31 August, 2016, Queensland State Parliament passed new smoke alarm legislation making Queensland households the most ‘fire safe’ in Australia. This legislation was developed following recommendations handed down after the 2011 Slacks Creek fatal house fire, which claimed 11 lives, including eight children. The legislation specifies that all homes in Queensland must be fitted with photoelectric, interconnected smoke alarms in all bedrooms and hallways. Photoelectric smoke alarms are more advanced at detecting smoke from smoldering fires, compared to ionisation smoke alarms. The interconnectivity function ensures that if one smoke alarm is triggered, all smoke alarms in the premises will […]
Do you have a courtyard or car park area associated with your unit? If your building is structured as a building format plan (boundaries are the centre of the walls of the buildings) and was built within the last 15 years, chances are the area is common property allocated to your unit as exclusive use. Exclusive use area allocations are listed within Schedule E of the Community Management Statement (CMS) registered with the Department of Natural Resources and Mines (DNRM). A by-law will also be listed in the CMS referring to the schedule and may also list rules regulating maintenance responsibilities. The […]
Last week we discussed how to form a Committee, and this week we look at the next steps in the process when a Committee cannot be formed at the Annual General Meeting (AGM). It is a requirement of The Body Corporate and Community Management Act 1997 that a Committee is formed at the AGM, and the same number of committee members are maintained until the next AGM. The objective of Body Corporate legislation is self-governance, meaning that a Committee should be formed by the owners to undertake the management of their home or investment property. If for any reason the Body Corporate […]
Regardless of the type or size of your strata scheme, owners must form a Committee at each Annual General Meeting (AGM) as a statutory requirement. Committee members are made up of eligible lot owners or individuals who represent them, nominated for election at the AGM. Once elected, it’s the Committee’s role to manage the day-to-day requirements of your scheme including maintenance and upkeep of the building in accordance with the BCCM Act Regulations. The Committee is empowered with making regulated decisions on behalf of your scheme and implementing the lawful decisions of the body corporate approved at either Committee level, […]
Throughout the year, unit owners are issued with a number of body corporate meeting notices. These notices could include information related to committee meetings, voting outside of committee meetings (known as flying minutes), and the annual general meeting. Current legislation specifies these notices must be issued within certain timeframes, which range from 7 – 21 days (including postage) from the date of the meeting. This timing ensures that unit owners and committee members have enough time to consider the contents of the notice to make informed decisions. The information in the annual general meeting notice is essential to unit owners, […]
If you are considering building or trade work on your strata property and investigating contractors, you may find it appealing to take a chance on a contractor who supposedly does great work even though he’s not licensed, because he’s offering a deal that sounds almost too good to be true. Unless you are a construction professional, how are you to know whether or not that contractor is following building regulations? While a licence may not be a guarantee that a contractor is going to do a professional job, it does mean that he is appropriately skilled and qualified to carry […]
When it comes to security it is important to know that all strata schemes, old and new, can be susceptible to unauthorized entry and illegal conduct. High rise apartments and gated communities are just as vulnerable as other homes without additional security barriers. Statistics show that of 1,000 high rise apartments, 197 will be burgled, so don’t assume you are safe from burglars in a high rise apartment or gated community. Most modern buildings have security measures such as CCTV cameras already in place but that is not always enough to deter trespassers and criminals from entering the premises. Often […]
Insurance is an essential part of protecting your strata property against the cost of insurable events which would otherwise be a significant unplanned expense. It is also important to act quickly with arranging repairs to prevent further unnecessary resultant damage and to keep the property at its required standard The Body Corporate is responsible in most cases to place insurance to protect the building structure and associated common property while the owner is responsible for insuring contents and liability within their lot. The difference in insurance and maintenance responsibilities can often be confusing due to the cross over between the […]
There are a variety of reasons why you may wish to renovate your strata property. Some of the reasons include improving your re-sale value or simply wanting to modernise your residence. The key point to consider when approaching a renovation project is to know the boundaries of your Lot and the by-laws in place regulating the use common property. Common property in most cases is also defined as structural elements or utility infrastructure such as wiring and pipes located within the lot boundary. Alterations to the common property will usually require Body Corporate approval before commencement, so before you start […]
For more than 45 years, Rivers Insurance Brokers has been helping Queensland property owners, investors and body corporate communities protect what matters most. As an experienced insurance brokerage, Rivers understands that every property presents unique risks and works closely with clients to provide tailored insurance solutions that offer confidence and peace of mind. Specialising in body corporate, property, landlords and contents insurance, Rivers partners with committees, lot owners, strata managers and property investors to ensure appropriate cover is in place for both common property and individual assets. Their experienced advisers take the time to understand each property’s requirements, helping clients […]
