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By-laws

Settling Car Park Storage Wars

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…

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Not Every Strata Problem is a Nail (NSW)

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…

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Common Invalid By-Laws (QLD)

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…

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Committee eligibility and election changes

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…

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Access to Units – When is it Lawful

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…

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Car Park Swaps and Sales

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…

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