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By-laws

IS UNLAWFUL SHORT TERM ACCOMMODATION USE OF RESIDENTIAL LOTS CONTRIBUTING TO THE SEQ HOUSING CRISIS?

By on March 16th, 2023 in QLD, Research

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 &…

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THERE ARE NO QUICK FIXES FOR VISITOR PARKING ISSUES

By on February 23rd, 2023 in QLD

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,…

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GOVERNMENT ANNOUNCES REFORMS TO BY-LAWS AND SCHEME TERMINATION

By on February 17th, 2023 in QLD

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…

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Survey Results In!

By on February 10th, 2023 in Australia Wide

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…

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Caretaking Agreement Extensions Explained

By on October 12th, 2022 in QLD

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…

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Pets in Strata – Tenancy law changes 

By on October 6th, 2022 in QLD, Research

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…

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Enforcing by-laws

By on September 29th, 2022 in Research

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…

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Reviewing Caretaker Remuneration

By on August 3rd, 2022 in Research

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…

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By-Laws and Caretakers

By on July 13th, 2022 in QLD

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…

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Body Corporate Managers, Committee Members and Resident Managers commissions and other benefits

By on April 29th, 2022 in Research

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…

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