For bodies corporate established by the Body Corporate and Community Management Act 1997 (Qld), the proper maintenance of lots and common property is extremely important. As with repairs and defects, acting promptly is essential. As we often tell bodies corporate, better to spend $10,000.00 today than $1M tomorrow…
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The Risks of a Non-Compliant Building. Most body corporate committees believe their insurance will cover them when it matters. That belief holds up right until the moment an insurer starts asking for documentation. Expired fire safety certificates, missing documentation, and lapsed service reports do not just create compliance gaps, they give insurers the perfect excuse to deny your claim….
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As a strata manager, I’m often asked how committee decisions should be made and whether formal committee meetings are necessary — especially when everyone “seems to agree”.
One of the most common issues we see is committees trying to shortcut the process, often with good intentions, but inadvertently creating confusion, disputes or non-binding decisions.
Today I want to share why structured committee meetings matter, the role of your strata manager in that process, and how good governance builds owner confidence rather than conflict…
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The rapid evolution of digital technology has made privacy a hot social topic, and nowhere more so than in strata communities.
With records being digitised, communications taking place mostly online and security cameras beaming images over the internet, the question of how all this data is being managed and who has access to it can create confusion and conflict…
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A body corporate is a creature of statute. This means that the extent of a body corporate’s powers are determined and limited by the legislation creating it.
This is why:
1. a body corporate’s powers are only those specifically set out in the legislation; and
2. there is no basis for the age-old adage (that some committees seek to use to excuse their decision making) “the legislation doesn’t say the Body Corporate can’t do that”.
On this principle, it has been well established by adjudicators that, despite it being a good idea for the community, a party cannot be funded with body corporate funds. The same can be said for reimbursing committee members for Christmas gifting. We will cover off on that issue in a further article shortly.
The reason for this principle is because the expenditure does not fall within what a body corporate is authorised by the legislation to spend funds upon…
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Conciliation is often viewed as an informal, good faith step in resolving community titles disputes, but its legal consequences are frequently underestimated. The recent QCAT appeal decision in Blue Water Co Pty Ltd v Castillo highlights that what parties agree to in a conciliation session may bind them long after the meeting ends.
Even without a consent order, a conciliation agreement can operate as an enforceable contract, making it crucial for participants to understand the weight their negotiated promises may carry.
How Conciliation Sessions Work…
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In strata communities, information moves quickly and disputes can escalate just as fast. When comments cross the line from criticism to defamation, the legal consequences can be significant.
Defamation within strata schemes is becoming increasingly common, yet many owners and committee members misunderstand how the law applies. This article explains the essentials of defamation, the unique protections and risks in strata settings and the practical steps needed to avoid costly and unnecessary legal conflict…
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Often residents in community titles schemes are unsure if a body corporate can ratify (approve after the fact) decisions that are made by a committee without proper authority.
In some circumstances, the body corporate can ratify those decisions at a general meeting, and this article will explain the concept of ratification and some common misconceptions.
What is ratification?
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Fire safety is a key responsibility for Queensland strata schemes, yet the terminology can be confusing. Two terms often used interchangeably and sometimes misunderstood are:
– Fire safety equipment testing and maintenance (Australian Standard 1851), and
– Fire safety inspections, audits and compliance under the Building Fire Safety Regulation 2008 (BFSR 2008).
While closely related, they serve different purposes…
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A question we’re constantly being asked is: Who has access to CCTV footage? And up until now, we’ve been quite comfortable saying that CCTV footage is a record of the body corporate, meaning it’s available to be accessed by people who are legitimately entitled to it, which includes owners and occupiers.
But that has just changed….
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