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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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 in the 4 years since that decision came out?
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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.
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The issue of electrical vehicles in strata has already become a significant issue, as bodies corporate attempt to balance the rights of individuals.
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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…
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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…
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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…
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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 Solicitors
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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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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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