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Best Practice / Hints & Tips

THE WORLD IS RUN BY THOSE WHO TURN UP

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.

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THE WILD WEST OF STRATA BY-LAWS

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.

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CAN A LOT OWNER BE IMPRISONED FOR FEEDING BIRDS?

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.

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NAVIGATING DECISION-MAKING WHILST ACTING REASONABLY

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.

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STRATA INSURANCE DISCLOSURE – BEST PRACTICE GUIDE

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.

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TWO QUOTATIONS ARE REQUIRED WHEN ABOVE THE MAJOR SPENDING LIMIT

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. Where spending is above that limit, it can be authorised at general meeting.

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DON’T IGNORE THE DEVELOPMENT NEXT DOOR

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.

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HOW TO SIMPLIFY STRATA CLAIMS

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.

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CONQUERING COMPLIANCE: THE OBSTACLES FOR SELF-MANAGED STRATA SCHEMES

The regulatory obligations imposed on bodies corporate are varied and complex. I had assumed, incorrectly, that simple guides and templates would be available online for a self-managed scheme to download and reference.

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SELF-MANAGEMENT COMPLIANCE EXPLAINED

An adjudicator has ordered the body corporate of a 50-year-old building to carry out significant structural repairs, despite their intentions to avoid those repairs pending the redevelopment of the building under the new scheme termination amendments to the BCCM legislation.

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