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COMPLETE GUIDE TO BODY CORPORATE BY-LAWS

By-laws are an integral part of the administration of a body corporate. The purpose of by-laws is to provide the committee with the power to regulate the use of lots, body corporate assets and common property.

Under the BCCMA, committees have a statutory obligation to enforce the body corporate’s by-laws. However, by-laws are often forgotten about until they need to be enforced.

The problem for bodies corporate is that…

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SEMINAR SERIES: 1ST EXPERT LAWYER PANELIST INTRODUCED!

The highly anticipated Smart Strata Community Education Seminar Series is set to launch this April–May 2025, bringing valuable insights to strata committee members across Queensland. With preparations in full swing, we are excited to introduce the first expert Panelist in our lineup—Todd Garsden, Partner at Mahoneys Lawyers and Advisors.

As an industry leader in body corporate law, Todd will share his expertise on Committee Membership and By-law Lifecycles, offering practical legal insights to help bodies corporate navigate governance, compliance, and dispute resolution. With registrations now open, now is the perfect time to secure your seat.

Smart Strata is proudly partnered with Archers the Strata Professionals to bring you these seminars, delivering expert advice that would normally cost thousands—available to you free of charge.

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THE COMMITTEE LIFECYCLE PART 2 – BY-LAW MANAGEMENT

Welcome to Part 2 of the Lifecycle of a Committee — this time, we’re tackling the importance of by-laws.

In Part 1, we explored how a committee is appointed and the responsibilities of each member. Now, in Part 2, we delve into the first major challenge for the newly formed committee at Sesame Street CTS: enforcing its by-laws.

Read on to see how Big Bird handles Oscar the Grouch’s garbage encroachment, Elmo’s unexpected pet predicament, and Bert and Ernie’s unauthorised improvements.

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REGISTRATIONS OPEN: COMMITTEE MEMBERSHIP AND BY-LAW LIFECYCLE SEMINARS

A Must-Attend Event for Strata Committee Members

All strata committee members and stakeholders now is the time to secure your place at the upcoming Smart Strata education seminars. Designed to provide essential insights into committee membership and the by-law lifecycle, these seminars are invaluable for anyone involved in strata. With registrations now open, early booking is recommended to ensure you don’t miss out on these highly informative sessions.

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THE LIFECYCLE OF A COMMITTEE PART 1

Welcome to the first instalment of our series exploring the lifecycle of a committee, from its initial appointment to navigating disputes. In this series, we’ll break down the key stages, responsibilities and challenges committees face — using a light-hearted yet insightful analogy: Sesame Street CTS 123.

Registered 56 years ago, this fictional scheme is home to a diverse group of volunteers who dedicate their time to keeping their community running smoothly. Their goal is to ensure sunny days where friendly neighbours can meet every day — but as with any committee, challenges inevitably arise.

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RECOVERING FROM EX- TROPICAL CYCLONE ALFRED: YOUR ESSENTIAL NEXT STEPS

Ex-tropical Cyclone Alfred has left its mark on Southeast Queensland, with strong winds and heavy rainfall causing widespread damage to strata properties. If your building has been affected, knowing the correct steps to take will help ensure a smooth recovery. This guide outlines what to do next, from safety checks to insurance claims, and how Archers the Strata Professionals and MAI Strata can assist you.

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PRIORITISING SAFETY: OFFICE CLOSURE & CYCLONE ALFRED PRECAUTIONS

Tropical Cyclone Alfred is set to impact Southeast Queensland, bringing strong winds, heavy rainfall, and potential disruptions to infrastructure. In response, all of our Southeast Queensland offices have been temporarily closed, and the Smart Strata and Archers the Strata Professionals Teams are now working remotely to continue supporting our clients. While we will do our utmost to assist, we ask for your patience as emergency services and critical support are prioritised for those in the greatest distress.

We remain committed to ensuring the well-being of all strata communities. We encourage you to reach out for assistance, whether for property concerns, emergency contacts, or reliable tradespeople for urgent repairs. You can access our Supplier Directory on the Smart Strata website for trusted service providers ready to assist during this period.

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EMERGENCY WORKS IN RESPONSE TO DAMAGE CAUSED BY CYCLONE ALFRED IN SEQ

At the time of this publication, Cyclone Alfred is expected to have made landfall in South East Queensland. Significant property damage is expected. Essential building infrastructure and services may be compromised and require repairs.

Lot owners will look to committee members for quick action. Committees will in turn look to strata managers and other advisors for guidance on how to navigate the complicated legislative landscape and administrative procedures to ensure those urgent repairs can be carried out.

We provide this guidance on the processes, remedies and considerations involved so it may help you help any affected strata communities you manage or are a committee member in.

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CYCLONE PREPARATION GUIDE FOR STRATA OWNERS

Strata owners along the Queensland coast are urged to check property and make action plans to ensure safety and prevent additional damages. Now is the time to Plan, Pack and Listen.

1. Check your disaster management plan
2. Check your insurance excess and coverage
3. Carry out a pre-cyclone building inspection to ensure the scheme is safe and free of debris
4. Secure any loose items in common areas and balconies/patios (including removal of shade sails if possible)

Complete Storm Checklist and Guide, READ MORE…

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EXCLUSIVE USE MAINTENANCE – ‘BUT THE OWNER BUILT IT!’

A recent adjudication decision has clarified a seemingly unchartered issue about maintenance responsibility in exclusive use areas – and the outcome may surprise you.

In the matter of Jefferson Villas [2024] QBCCMCmr 473 (Jefferson Villas), decided on 17 December 2024, the primary issue for determination by Adjudicator Miskinis was whether the body corporate or lot owner was responsible for a waterproofing membrane on a balcony terrace within an exclusive use area.

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