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 complex works contracts, often the devil is in the detail – and that detail can easily be missed, particularly when there is pressure for works to be carried out urgently.
I will not go into chapter and verse of the process and resolution types required to approve certain maintenance and repair works. Instead, I wish to stress the importance of getting the process and procedure for approving works right. That importance is illustrated by a case study of Oceana on Broadbeach. While not a decision regarding maintenance works, this case study demonstrates how non-compliance with minor technicalities can be disruptive and detrimental to a body corporate’s position…
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