Reform Measures in Parliament Yesterday the Attorney-General introduced a Bill to make significant changes to the Body Corporate and Community Management Act. Whilst we are waiting on more detail, we are pleased to provide you with a high level summary below. Body Corporate and Community Management and Other Legislation Amendment Bill 2023 Attorney-General and Minister…
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…
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…
Hopefully, you would have read or, at least, recall my earlier article outlining a number of common queries (and answers) in relation to accessing body corporate records which can be found here. I noted then that there were still a number of other queries on the topic to warrant a sequel. With that in mind,…
With 30 June 2017 not far away, thoughts turn towards what needs to be done by the end of the financial year. Following the federal budget being handed down, what needs to be done this year and what impacts strategies going forward? In this article we provide some ideas and tips that might assist with…
Using ‘roll’ to mean a list or record of names has common usage in a variety of contexts, including an electoral roll or the roll call at school. Its origins appear to be in variations of the Latin ‘rotulus’ or ‘rotula’, pertaining to a wheel. When you think about this word origin when applied to…
The Body Corporate and Community Management Act 1997 (BCCM Act) sets out a number of spending limits. Some of these intersect with others. Some need to go to general meeting and some depend on the number of lots in the scheme. The rules relating to them are scattered across the relevant Regulation Modules. This article sets them…
“Water, water, everywhere…” Whether water occurs as a result of a storm, overflow or maybe a burst pipe, water leakage and resultant water damage can cause considerable destruction and stress. This is particularly so in a community titles scheme, where, for example, a water leak in a high-rise building has the potential to cascade downwards,…
Last week the High Court handed down its judgment in the matter of Ainsworth & Ors v Albrecht & Anor. In doing so, it clarified the test that will determine whether a lot owner who has dissented to a motion has acted reasonably. Mahoneys acted for the respondent to the appeal. The decision also gives…
Throughout the year, unit owners are issued with a number of body corporate meeting notices. These notices could include information related to committee meetings, voting outside of committee meetings (known as flying minutes), and the annual general meeting. Current legislation specifies these notices must be issued within certain timeframes, which range from 7 – 21…