The QLD
STRATA MAGAZINE OCTOBER 2021
Why do I pay the excess?
Page: 8 - 9 | Strata Insurance Solutions
Defamatory Comments on the Building Facebook Page Page: 12 - 13 | Mathews Hunt Legal
How Do We Stop Skateboarders on Common Property? Page: 20 - 21 | Hynes Legal
About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013. As well as publishing legislative articles to keep thier audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month. Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
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Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au
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Contents 04 Remedial repairs and restoration
Benefits of cost control and project management
08 Common Property Damage
Why do I pay the excess?
Can the Building Manager issue fines?
12 Your Building’s Facebook Page
Who’s Liable for Defamatory Comments?
14 No Meetings in Over 2 Years
Can I call an AGM?
16 Fire Safety Compliance
Can You Make Alterations to Fire Doors?
18 Window Safety in QLD Buildings
Is it reasonable to pay $200 per application?
24 Concrete Cancer Who pays for balcony repairs?
26 Tenants Rights
Using Common Property Power
28 Delaying Noisy Renovations
Peace and Quiet During Holiday Periods
30 Renting Out Storage Space
What is the fairest way?
32 Queensland Home Warranty Scheme
Should it include strata buildings?
What are the requirements?
20 Stopping Skateboarders
10 By-Law Breaches
22 Fees for Processing Applications
34 QLD Directory
Printable strata services directory
Bylaws are Meant to Regulate, Not Prohibit
Thanks to our sponsors
Remedial repairs, restoration and cost management There are several key areas that have the potential to impact an Owners
Scenario 1 – Cost verification audit
Corporation when it comes to responding to either emergency situations,
A Client experienced damage to their property as a result of water
or it’s need to address building repairs whether it be as a result of an insurance claim or the need to maintain building/s within your Strata Plan.
entering the property following recent floods. Carpet within 5 rooms were impacted requiring water extraction and restoration back to pre-damaged
It can often be challenging when confronting these matters large or small,
condition. The Client engaged the expertise of a restoration expert in this
and knowing what steps are necessary to ensure the most efficient and
area.
economic solution. Strata repairs can be complex, there are many factors
As is all too often the case in these situations a reactive approach and the
to consider ensuring both the symptoms and underlying cause/s are addressed to minimise the chance of reoccurrence or ongoing issues, or in the case of an emergency response mitigate further risk or damage to property or person. The associated costs of responding to such matters often causes financial
drive to respond to the situation resulted in the Client being charged well above industry standard rates and additional charges including but not limited to the following: • Inflated drying equipment charges
concern to Owners as they try to navigate value vs competitiveness
• Unwarranted project management fees
and achieve desired outcomes. Neither can be measured if you don’t
• Unnecessary storm loading costs
have clarity in what you want to achieve. It is critical to define both your
• Double dipping of holiday loading (it was included within their original
objective and the extent of work required. Be clear in what you expect from your service provider and outline your objective:
hourly rates) An after services audit identified that this was a simple restoration job
• You require repairs to be all inclusive
where when process and best practice were applied to determine the
• You need it to conform to statutory requirements
actual costs associated with repairs. Using industry knowledge of costs
• You need a warranty of Guarantee • Extent & cost are balanced with the benefits.
based on cubic metre rates, appropriate allocation and distribution of equipment, quantification and application of necessary chemicals and materials, and associated labour costs significant savings were achieved.
Sedgwick often come across scenarios where large financial savings can be realised if proper process and due diligence are applied. A small
Original invoice provided =
$21,364.74
investment by an Owners Corporation in taking the extra time to
Fair & reasonable costs incurred =
$5,284.51
understand or obtain guidance about how to deal with these situations
Saving =
$16,080.23
can pay huge dividends and ensure the desired outcome the first time round. Below we share 2 real scenarios of what can result when you understand what’s needed and controls and measures are put in place.
First time complete and defined scope of works • • •
Only 1 quote required Minimise scope creep and variations Empowering owners with information to obtain like for like quotes
Value for money • • •
Pay the right price for works required Professionals to negotiate cost on your behalf $500 excl. GST brings you piece of mind
Peace of mind • •
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Application of standards to repair methodology Additional support in obtaining alternative quotes & other specialty service
Scenario 2 – Cost control and project management throughout works
Sedgwick’s strategic and measured response with consideration to
Larger and more complex jobs require a different approach. For these
remove and replace vs restore approach in conjunction with a drying plan
types of situations the engagement of expertise at the front end can ensure a proactive approach is taken to manage and respond to repairs and/or restoration requirements right from the get go. Cost and Scope control measures are put in place and maintained for the duration of the
accompanied by strip out of a component of wall linings saw a controlled, quantified and streamlined approach that resolved the repair and restoration aspects of the job, minimising risk, further damage, delay in hand over and cost savings across the board.
works. A strata building under construction is going through the fit out stage
Original quote =
$158,025.00
when vandals break into the complex, destroying property and turning
Comparison quote =
$57,084.00
on the fire hydrants in common areas causing water damage to both
Saving =
$100,941.00
building and contents (including floor coverings). Sedgwick were engaged to review an initial quote and proposed scope of works for the remedial repairs and restoration. It was identified that the Scope of Works was lacking in detail and there was minimal forensic information provided to substantiate the proposed works. Following Sedgwick’s attendance to site, the engagement of a preferred panel supplier was provided with a defined scope covering all elements of restoration from labour costs, to equipment requirements and placement. The initial restoration only allowed for the installation of 181 x air movers, 62 dehumidifiers and 4 x Axial fans over an undefined period of time. The review was able to identify that the available power load at the site would not support this approach and raised concerns around secondary damage
When it comes to remedial repairs all too often Owners lack the technical knowledge to understand what is value for money and often will accept the quote put in front of them, this does not always translate the best value for money. As the old adage goes ‘you get what you pay for’. It is important to remember PRICE is what you pay, VALUE is what you get. Engaging an expert to help guide you through this process is highly recommended. They will assist in understanding the issue/s, what needs to be done in each individual situation and facilitate/manage on your behalf the many stakeholders involved to ensure you achieve the desired outcomes the first-time round, saving both time and cost. Having a designated plan of attack is paramount when it comes to
(possibility of mould growth).
implementing a program of remedial or restoration works.
Sedgwick Building Consultancy & Repair Solution Services
Building consultancy
Repair solutions
• Defect reports & forensic engineering
• Emergency make safe
• Scope of works
• Fire water damage restoration
• Dilapidation & risk surveys
• Leak detection
• Dispute mediation and expert witness
• Contamination response
• Contractor procurement and cost validation
• Building repairs
• Construction management
• Cost validation services
1300 735 720 sales@au.sedgwick.com
1300 654 599 sales@au.sedgwick.com 5
Your source of reliable Strata news and information since 2013 Providing detailed, practical, and easy to understand strata information to all Australians.
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7
Common Property Damage Why do I pay the excess? Why do I have to pay the excess for a claim from a common property repair? I live in five store building on the Gold Coast. Recently, water entered my unit through the ceiling in the hall linen cupboard. The entire linen on all shelves was saturated and all shelving was damaged. The Body Corporate chairman arranged a plumber and it has now been 100% established the leak occurred in the concrete slab between floors. There is no question about this fact. Repairs of the slab took two days. I contacted our management company regarding a claim to replace the damaged shelves in my linen cupboard. The Body Corporate will cover the damage and replace the shelving. They will not replace the linen. Why is this? Even though it is 100% acknowledged this damage was due to a Body Corporate 8 www.lookupstrata.com.au
fault, I have been told I must pay the excess of $500. This doesn’t seem right.
You may be able to apply to the body corporate to pay the excess It appears there are three considerations for this event. 1. W ho is responsible for maintaining the burst pipe; 2. W ho is responsible for the excess for the strata insurance claim; 3. W ho is responsible for the damage to contents (the hall linen). Burst Pipe Section 20 of the Body Corporate Management Act outlines that utility infrastructure is deemed common property except for utility infrastructure that: i. solely related to supplying utility services to a lot; and ii. within the boundaries of
the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and iii. located other than within a boundary structure for the lot. In these instances if the pipe is not found to be within the lot or is within a boundary structure (such as a slab) the pipe is the body corporate responsibility to maintain. Excess In relation to excess, Queensland legalisation has the consequence that for claims affecting 1 lot only it is usually paid for by the lot owner unless the body corporate decides it is unreasonable in all the circumstances for the owner to pay the excess and for claims affecting 2 or more lots or 1 lot and common property it is usually paid for by the body corporate unless the body corporate decides it is fair for 1 lot owner to bear the cost.
Working on the presumption that the pipe is common property and the body corporate are responsible to maintain (per section 20 of the BCCM Act) – the lot owner may have grounds to suggest: 1. The claim effects 1 lot and common property as the claim originated from common property; or 2. It is unreasonable in all the circumstances for the owner to pay the excess given the damage is as a result of damage to a common property pipe. For this reason the lot owner may be able to apply to the body corporate to pay the excess for the reasons stated above.
Damage to contents (Linen) Damage to the linen is not as clear. The lot owner would need to demonstrate the body corporate was negligent in the maintenance of the pipe or that they were otherwise legally responsible. This may be difficult because: • the incident itself was not foreseeable and this is evident that water damage from a pipe concealed in a slab could not be anticipated. • the incident could not have been prevented by any type of prior inspections, regular or otherwise, that the Body Corporate could have conducted. READ MORE ON THIS TOPIC HERE
• it may be hard to demonstrate that body corporate could have done anything differently in order to have better mitigated the loss. Whilst the standard of care imposed on the body corporate is high, it is not unlimited. For this reason, the prospects of having the body corporate pay for damage to linen would be lower and would depend on how well the owner could demonstrate the body corporate were negligent in the maintenance of the pipe or that they were otherwise legally responsible for the replacement of the linen. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
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By-Law Breaches
Can the Building Manager issue fines? My building manager is issuing fines on behalf of the body corporate for breaches of certain by-laws. Is this allowed? Normally you would have to receive contravention notices prior to this.
Is the building manager able to issue fines for by-law breaches?
We have these two clauses in the by-laws I have found relating to this: 33.4 For the avoidance of doubt, the body corporate may recover its costs in respect of that breach in accordance with these by-laws and under the BCCM Act. 35.1 If an occupier or invitee commits a breach, the owner of the relevant lot must pay on demand the whole of the body corporate’s cost in respect of that breach, which amount will be deemed to be a liquidated debt.
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that the means of effectively enforcing by-laws are so convoluted that it is easier to get away with breaking the by-laws than prosecuting them.
The building manager has no ability to impose fines (and nor does the body corporate). Todd Garsden, Mahoneys The building manager has no ability to impose fines (and nor does the body corporate). Only the Magistrate’s Court can impose fines for bylaw contraventions and that is relatively rare. Separately, both of those by-laws are invalid as they are contrary to section 180 of the BCCMA. William Marquand, Tower Body Corporate The frustration for body corporate owners is Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
In this instance, the caretaker doesn’t have the authority to issue fines and the body corporate should adhere to that. If the practice continues then owners may challenge the outcome and the body corporate be held liable. Perhaps some alternative creative thinking is required to encourage greater adherence. You could try some public naming and shaming – sending out a notice to owners of what by-laws are being broken and by whom.
READ MORE ON THIS TOPIC HERE
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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Your Building’s Facebook Page Who’s Liable for Defamatory Comments? I run a Facebook page for my Body Corporate. Am I liable for defamatory comments?
The creator of the Facebook page will be treated as having published the comments.
The High Court has determined that the creators of a public Facebook page that permitted the posting of content on that page, “facilitated, encouraged, and thereby assisted” the publication of comments from third-party Facebook users. As a result, the creator of the Facebook page will be treated as having published the comments. What does this mean for me? This means that if you are the creator and/ or administrator of a Facebook page and a third-party comments and/or posts on your Facebook page, you may be held liable for the content of that comment and may be subject to a defamation action. What can I do? Facebook has since changed its policy to allow for the comment facility to be disabled. To prevent liability under this new ruling the best options are to disable all comments or delete the Facebook page. A lesser option is to carefully and frequently monitor the comments on the Facebook page. READ MORE ON THIS TOPIC HERE
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Peter Hunt | Mathews Hunt Legal peter.hunt@mathewshuntlegal.com.au
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13
No Meetings in Over 2 Years Can I call an AGM? We haven’t had an AGM in over two and a half years. How long can we go without a meeting? Can I call a meeting? We haven’t had an AGM in over two and a half years. How long can we go without a meeting? There has been no communication with lot owners. I’m on the committee and the only update I have had was a request to approve an extension until August last year. I have emailed the body corporate manager twice this week asking when the AGM will be held with no response.
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The committee don’t hold meetings, so to my knowledge, there has been no verification of our funds etc. Can I, as a lot owner/committee member, ask the committee/chairperson/ secretary, to call the AGM or ask to see the Body Corporate financial records?
The body corporate is required to hold its AGM every year within 3 months of its end of the financial year. The body corporate is required to hold its AGM every year within 3 months of its end of financial year as section 83 of the Standard Module relevantly provides: An annual general meeting, other than the first annual general meeting, must be called and held within 3 months after the end of each of the community titles scheme’s financial years.
A lot owner and committee has various rights to ask for body corporate records which must be provided. If an AGM cannot be arranged through the committee/body corporate manager an application can be made to the Commissioner’s Office appointing an administrator to hold one on the body corporate’s behalf. I suspect that this should be able to be resolved at the committee level though by asking the body corporate manager to arrange an AGM to be called.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
READ MORE ON THIS TOPIC HERE
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Can You Make Alterations to Fire Doors?
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Are you permitted to shave off a section of a fire-rated door? If so, what procedures do we need to take to ensure the door is Fire Safety compliant? We are installing flooring over a tiled entrance which is accessed through a fire door. To enable the door to open and close the fire door would need to be shaved. Is this permitted? If so, what procedures do we need to take to ensure the door is Fire Safety compliance?
If you need to remove more than a 10mm threshold, the manufacture should be able to alter the door to suit. On average manufacturers have a 10mm threshold (lip) around the outside edges of a fire door that should not be compromised. Should more than 10mm be required to allow for the floor covering the manufacture should be able to alter the door to suit by removing the lip and reinstating it once the door has been cut to size?
READ MORE ON THIS TOPIC HERE
Stefan Bauer | Fire Matters sbauer@firematters.com.au
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17
Window Safety in QLD Buildings What are the requirements? Are there legal requirements for an existing body corporate building in Queensland to have safety screens or window locks fitted to windows above 2m? I own a 3 strata titled unit complex in Brisbane. One of the units has windows that are 2m above ground. Am legally required to fix safety screens or window locks on the windows in this unit? I understand the National Construction Code specifies various requirements for the prevention of falls from openable windows and in NSW safety screens and window locks are required. I’m unable to find information that states if it is a legal requirement for Queensland strata block to have safety screens fitted to windows above 2m. From what I understand, safety screens are only required if it is a new build or there is extensive renovation undertaken. Can you please shed any light on whether it is a legal requirement or not to fix safety screens to existing windows above 2m in Queensland? 18 www.lookupstrata.com.au
To date, there is no “retrospective” requirement in Queensland. That doesn’t mean you shouldn’t fit a restrictive device to windows, as this would be considered best practice. You are correct regarding NSW legislation and where there is a significant upgrade to the number of windows (I think it’s 25% or more) in a scheme, or if it’s a new build anywhere in Australia. In 2013 (from memory 17 May) the National Construction Code change came into effect where all schemes approved for development must have windows in residential units. In the state of NSW, under the Strata Schemes Management Regulation 2016 they made this obligation retrospective. Thus requiring all Owners Corporations (Bodies Corporate) to install window safety devices on windows regardless of “when” their scheme was built.
This requirement having been made retrospective was mainly driven by the high number of instances where children had fallen out of windows in Sydney. The Westmead Hospital had been publicising statistics: 1998 and 2008, there were 91 admissions from falls from windows in high rise buildings, 65% of which were children under 4, hence the push for a retrospective change. Interestingly it was only retrospective to strata schemes and not all forms of residential high-rise such as company title. The requirement to install a window safety device applied to: a. Windows with a sill height less than 1.7 metres from internal floor level, and, b. An inside floor height above 2 metres from the ground level outside the window. These devices are a complying device if it: a. Is capable of restricting the opening of a window so that a sphere with a diameter of 125mm or more cannot pass through the opening,
READ MORE ON THIS TOPIC HERE
Peter Berney | Solutions in Engineering peter@solutionsinengineering.com
b. Is capable of withstanding an outward horizontal action of 250 newtons, and, c. Has a child resistant release mechanism, in the case of a device that can be removed, overridden or unlocked. To clarify, to date there is no “retrospective” requirement in any other state/territory. That doesn’t mean you shouldn’t fit a restrictive device as this would be considered best practice. For example, we had a significant number of Gold Coast building managers request we fit Child Window Safety Devices, even though not legislatively required. This is because they had worked out that I high number of holidaymakers came from NSW and parents tend to let their guard down when holidaying so the best practice was to install the devices. Where possible I would fit a flyscreen security screen. This may the window can be left open; insects and burglars can’t get in and children cannot fall out.
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Bylaws are Meant to Regulate, Not Prohibit Stopping Skateboarders Our Committee would like to enforce by-laws that ban skateboards, scooters, etc in the complex. We have teenagers using our speed humps as jumps for their skateboards. Please advise, what can I do as an owner?
Your other option is to consider whether existing by-laws are already being breached, or whether nuisance provisions might be being breached. The committee is responsible for enforcement in either case. You’d need evidence, particularly if you initiated any formal action, and that might be in the form of a log of dates, times and what was occurring.
By-laws are meant to regulate rather than prohibit.
Might I suggest your better approach is to discuss either with the offending parties or their parents? That might be a far more costeffective and timely path to follow.
Interesting question. I can honestly say I’ve not been asked this before. I can see you are coming from a place of good intentions. That said, by-laws are meant to regulate rather than prohibit and the general rule of thumb is that a by-law that purports to outright ban something, would be found to be invalid if challenged in my former Office (Commissioner).
READ MORE ON THIS TOPIC HERE
Chris Irons | Hynes Legal chris.irons@hyneslegal.com.au
You’ve asked what you can do as an owner, although you’ve also said ‘our committee’. As an owner, or as part of the committee, you can put a motion to a general meeting putting up your suggested by-law for approval. I’d urge you to consider the wisdom of that, in light of what I’ve said above, as it might end up being a big waste of your time (and money). If you are determined to proceed down that path, I’d suggest you start asking around other owners to see if they’d support it as well. No point in putting up a motion that is doomed to fail. And I’d also suggest seeking some legal advice about it to ensure wording is the way it should be to maximise chances of passing. 21
Body Corporate Fees for Processing Applications Why do we have to pay our body corporate a $200 admin fee for all applications and submissions? As new body corporate owners, we are confused about how body corporate works. When asked about how we apply for a general lot alteration approval our body corporate has stated that we need to lodge the application via their website and pay a $200 admin fee each time. According to their website, this fee also applies to almost all other applications. Why can’t we find out who is on the committee of our 8 townhouse body corporate and simply send them the application instead?
It doesn’t seem unreasonable that they may charge for an application to be processed. The body corporate will have engaged a managing agency to assist with the administration of the site. Presumably, the managing agency is acting within the boundaries of its agreement and owners will have been aware of the conditions of the company when appointing them as managers. It doesn’t seem unreasonable that they may charge for an application to be processed. Handling such proposals is unlikely to be part of a standard service in the contract agreement and it will take the managing agency some time to process the application, receive committee votes or comments and provide you with a written response. The records of this and the final response will become part of the formal 22 www.lookupstrata.com.au
records of the body corporate and would be used by all parties in the event of a dispute. I can see how some owners may think this is not that important at the time they are making the application as they just want to get it done, but the clear documentation of applications is a key part of body corporate management and if it is done well contributes to the efficient running of the site. It is also reasonable that such fees are passed on to individual owners. After all, you will be the person benefitting from the process of the application and other owners wouldn’t want to pay for this. Equally, you won’t be paying for other owners requests when they are looking to get a new pet, bathroom, by-law and so on.
the committee an email via your manager and ask them to pass it on – they will. If you really need to, you could do an inspection of the books and records and gain access that way. If you try to circumvent the established procedures you may get a mixed response – committee members are volunteers who rely on body corporate managers to help run the scheme and that seems to be what is happening here.
READ MORE ON THIS TOPIC HERE
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
In most cases, you should be able to access general information about your site without cost. Your managing agency may be happy to provide this – just contact your manager and ask – or you may be able to access the information via an online portal. You can send
Contact Marty Campbell at Dulux to discuss how we can support and add value to your property and paint projects. E: marty.campbell@dulux.com.au T: 0402 780 047
23
Concrete Cancer Who pays for balcony repairs? Who is responsible for carrying out repairs to balconies when the problem was caused by a building defect? Many balconies in our 40-year-old building have concrete cancer. To carry out repairs, we need to remove all balcony tiles, lay new concrete and coat it with a waterproof membrane. Who is responsible for the cost of these repairs? Isn’t this a structural problem that would therefore be the responsibility of the Body Corporate? When the building was built, no waterproofing was installed. Isn’t this what the sinking fund is for?
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Body Corporate obligations will be determined by the specific circumstances of each case. The maintenance obligations of the Body Corporate will be determined by the specific circumstances of each case. Importantly, the maintenance obligations will vary depending on whether: • the scheme is a building format plan or standard format plan, and • the balconies form part of the lot or are exclusive use areas.
Assuming that the scheme is a building format plan and that the balconies form part of the lot, the Body Corporate is responsible for ensuring that the balconies are structurally sound, and are fit for use for their ordinary purpose, including: • maintaining in good condition roofing membranes that provide protection for lots or common property; and • maintaining in a structurally sound condition foundation structures, roofing structures providing protection, and essential supporting framework, including loadbearing walls. The Body Corporate will not generally be responsible for the floor tiles on the balconies that form part of a lot. However, where the replacement of the floor tiles is required as a result of structural or waterproofing issues which are the responsibility of the Body
Corporate, the Body Corporate is likely to be responsible for the replacement of the tiles. If the expenditure is budgeted (and appropriately approved), the cost of works can be covered by the sinking fund. If not, then the Body Corporate will need to raise a special levy or borrow funds to cover the cost of these works.
READ MORE ON THIS TOPIC HERE
Hayley Gath | Mathews Hunt Legal hayley.gath@mathewshuntlegal.com.au
25
Can Tenants Use Common Property Power?
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As a tenant, am I able to use common property power to vacuum my car? My lot owner neighbour doesn’t think so. I rent an apartment. My neighbour owns their apartment. Once a month I use an outdoor Powerpoint on the common property to vacuum my car. My neighbour says I am not allowed to use the common property power to vacuum my car as I only rent and do not pay the body corporate fees. Does my tenancy agreement with my landlord cover me for this considering it enables me to use other common property facilities such as the onsite laundry and swimming pool?
It is the right of any resident to use common property. When living in a Body Corporate, disputes can occasionally occur. How the issue is approached and resolved is crucial to the relationships between the parties going forward.
resident can contact their landlord and/ or write to the body corporate committee. The property manager or committee may then provide advice in writing to the resident of their entitlement to use the common property. The owner-occupier could be referred to the available literature on the web that deals with this e.g. Common Ground issue 23 from October 2019 from the Office of the Commissioner for Body Corporate and Community Management, that specifically deals with renting in a body corporate. The owner-occupier may also be provided with the Commissioner’s helpline number 1800 060 119. It is important to remember that creating respect between yourself, neighbours and other parties maximises your enjoyment of the strata living experience.
READ MORE ON THIS TOPIC HERE
Charlotte Divall | SSKB cdivall@sskb.com.au
It is the right of any resident to use common property. This is covered in section 35 and section 180 of the BCCM Act 1997:
Section 35 Ownership of common property 4. If the occupier of a lot is not the lot’s owner, a right the owner has under this Act to the occupation or use of common property is enjoyed by the occupier.
S180 Limitations for by-laws 5. A by-law must not discriminate between types of occupiers. Example— A by-law cannot prevent a tenant from using a pool on the common property. Perhaps you can invite your neighbour over for a cup of tea and have a chat about how under the BCCM Act Section 35 (4), a tenant enjoys the same rights as an owner-occupier of the common property. However, if diffusing the situation using this approach doesn’t work the 27
Delaying Noisy Renovations
During Holiday Periods How do we seek urgent orders to stop a resident from renovations during a busy holiday period? We have bought into a complex of 5 at a popular beachside resort. An owner has started renovating his unit internally without Body Corporate permission. We are going into the school holiday season and have our unit rented back to back for the next 4 weeks. He has now sort permission and submitted a 10-week schedule to complete the renovation before Christmas. Two owners are happy for him to go ahead, two owners (who holiday rent) want it suspended until after the school holidays. What can we do? Is an EGM the answer? Jackhammering is due to commence Monday!
Urgent problems demand urgent solutions. Urgent problems demand urgent solutions. The Commissioner’s Office provides a dispute resolution service that includes adjudication. In appropriate circumstances, adjudicators can make interim orders, known in other jurisdictions as injunctions. Interim orders preserve the status quo until the primary dispute can be determined. An owner commencing renovations without approval, when approval is required, might be such a primary dispute. An interim order in that case would restrain the commencement of the works until the primary dispute is determined. As with any dispute, we do recommend that you obtain considered legal advice.
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Michael Kleinschmidt | Stratum Legal info@stratumlegal.com.au
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Renting Out Storage Space What is the fairest way?
Can a Body Corporate rent common property storage cages to residents? What is the fairest way to do this? Can a Body Corporate charge an owner or rent to use all or part of a Body Corporate common property storage cage? We have about 10 cages available and 78 units. If 3 owners shared a cage, the maximum number of units that would have the benefit of the BC common property storage cages is 30 units and 48 units would miss out. Is it fairer for the Body Corporate to rent out the space?
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Ask the question ‘Does anyone want to rent this space?’. This sounds like a great idea. I don’t know if the body corporate can make any use of this common property for its own storage purposes? if not, it’s just sitting there doing nothing much. Why not rent it out to owners? It makes perfect sense. You might need to develop a system. How can you do it? You can have an auction perhaps or I’ve worked with some buildings who have just put up signs saying, ‘Does anyone want to rent this space?’. Some residents said yes. This provides a small income for the body corporate, which is valuable for all owners, and the owner who rents the space gets that extra utility from that. Very good idea. I would encourage all sites to do this if possible.
It’s an interesting question that’s in comparison to what we were discussing when we were looking at the visitors parking spaces. I suppose some people could say, ‘Well, could you rent out visitor’s parking spaces?.’ I think that would be more difficult because visitor’s parking space becomes part of the council requirements in the building. It would depend on the building. You might get some issues there but perhaps some buildings with excess parking spots could look at renting them or leasing them as well on a fair basis such as a blind auction or something like that.
Getting back to storage cages, there’s less competition for storage than for parking spaces. Parking spaces can be sold at quite high value these days. It might depend on the building, but there’s probably less competition amongst a number of people who want storage. If there is competition, then great, you can just put the rents up.
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William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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Would you like your Strata Story featured in the next edition of The QLD Strata Magazine? We want to share your strata stories with the LookUpStrata community. Some examples of what you may wish to share: • A project you have implemented in your complex that has made a positive impact (e.g a process, community building activities, parking procedure, ect) • Do you have a funny story to share about strata living? • Have you received a response back from one of the LookUpStrata professionals • that has positively impacted you or your complex? • Have you made a change to improve sustainability? (e.g installed solar, swapped over to LED lighting, reduced waste?) • You could even share a photo of the view from you balcony or catching up with neighbours for a coffee. If you would like to share your strata scheme story with the LookUpStrata community, Please send your story and photos to: administration@lookupstrata.com.au
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