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Legislation Updates

PETS IN A LIFT CAN BE REFUSED AND OTHER LITTLE KNOWN RULES

Downsizers and new tenants of community title complexes should familiarise themselves with body corporate by-laws to avoid any foreseeable issues before signing on the bottom line. There are generic by-laws that can be adopted by body corporate complexes covering noise limitations, vehicle obstruction, damage to common property and the like. However, each body corporate makes…

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INDUSTRY-FIRST: ELECTRIC VEHICLES IN STRATA PHASE 2 -‘CHALLENGES’ REPORT

Strata Community Association (SCA) is proud to officially launch its industry leading Electric Vehicles in Strata – Phase 2 ‘Challenges’ Report. In continuing response to the rapidly increasing demand for electric vehicles (EVs) in Australia, SCA identified a critical need to investigate the significant, and unique challenges that are faced when attempting to integrate EVs…

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BODIES CORPORATE THE POWER TO FORCE THE SALE OF LOTS

Cult Australian film The Castle is about as close as most people will get to seeing their home sold out from under them. ‘It’s Mabo, it’s the vibe’, has entered every bush lawyer’s lexicon. But the concept of being forced out of your home may become more real with planned changes to strata law in…

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MANAGEMENT RIGHTS UPDATE: ANOTHER “FINANCED CONTRACT” DISPUTE, ANOTHER COSTLY TERMINATION

Body Corporate for Bay Village Community Titles Scheme 33127 v Breeze MR Pty Ltd [2023] QCA 91 On 5 May 2023, the Court of Appeal delivered a decision that provides greater clarity as to the operation and effect of section 126 of Body Corporate and Community Management Act 1997 (Qld). Much like the highly publicised…

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REMINDER 2023 STATUTORY VALUATIONS (QLD)

This is a friendly reminder that on 17 March 2023 the Valuer General issued new values for 24 local government areas (LGA’s) in QLD (see below). You should have received these in the mail or by email depending on your choice of service. We have not seen all the promised reductions for the February 2022 floods,…

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ENTRY RIGHTS IN A COMMUNITY TITLES SCHEME

Many residents view their lot as being in a private sphere that is insulated from the rest of the body corporate. Within this sphere, there is naturally an expectation of privacy and freedom from interference. While attempts to breach this private sphere can understandably cause distress, the reality is that a resident in a body…

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SPENDING VERSUS IMPROVEMENT LIMITS – MYTHS AND REALITY

When it comes to spending limits in strata schemes, there are as many myths as the ancient Greeks about who can approve how much to be spent on what. The Body Corporate and Community Management Act 1997 (BCCM Act) and related Modules set out a number of spending limits. Some of these intersect with others, some…

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BODY CORPORATE COMMITTEE ELIGIBILITY CRITERIA

Lot owners in a community title scheme have a statutory right to nominate for a position on the body corporate committee. In this article we discuss the eligibility requirements for each regulation module. In other words, who can and who can’t be on the committee – including due to a relationship with another person (such…

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GUIDE TO MANAGING BODY CORPORATE BUILDING DEFECTS

In response to recent legislative changes, that were specifically introduced to help bodies corporate identify and rectify building defects, Mahoneys has partnered with Sedgwick (a leading global provider of building services) to develop “A complete guide to managing building defects in Queensland”. The purpose of the guide is to help bodies corporate (and body corporate…

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MINIMUM HOUSING STANDARDS

The Housing Legislation Amendment Act 2021 which came into effect on October 20, 2021, has introduced changes to the Residential Tenancies and Rooming Accommodation Act 2008. The changes are being introduced in stages to facilitate a smooth transition and give the sector sufficient time to prepare. This article focuses on changes in relation to minimum housing standards (MHS) and their impact…

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