The QLD Strata Magazine | December 2022

Do penalty fees apply if you never received the levy notice?

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Page 34 | Stratum Legal

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4 No reason given for refusal of lot owner’s request

William Marquand, Tower Body Corporate

6 Can the Committee pass the responsibly for leaky windows to a lot owner?

Todd Garsden, Mahoneys

8 Do you need approval for visiting dogs?

William Marquand, Tower Body Corporate 10 Tips for preventing mould if there is high humidity outside

Ryan Richards, Sedgwick 12 Are contractors visitors?

Todd Garsden, Mahoneys 14 Repairing damage during the insurance dispute resolution process

Tyrone Shandiman, Strata Insurance Solutions

16 Do penalty fees apply if you never received the levy notice?

Frank Higginson, Hynes Legal

18 Are the Act’s regulations open to interpretation?

Chris Irons, Strata Solve

22 Who repairs the ventilation system?

Chris Irons, Strata Solve 24 Fire safety equipment must be well maintained and working

Stefan Bauer, Fire Matters 26

Other unit residents in our area have gas BBQs on their balcony. Why can’t we?

Chris Irons, Strata Solve 28 The importance of keeping master keys safe

Alanna Hill, Mathews Hunt Legal 30 Noise Breach: “Get an acoustic test, at your cost”

William Marquand, Tower Body Corporate 32 Ratchet Straps and Culture

SCA (Qld) 34 Approval for EV charging using common property power

Michael Kleinschmidt, Stratum Legal 36 The QLD LookUpStrata Directory

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No reason given for refusal of lot owner's request

We would like to park our caravan on our lot. Our approval has been refused despite neighbours parking caravans on their lots. The committee will not explain why. What do we do now?

We live in a body corporate estate and own our lot freehold. We want to park our caravan on our lot. The bylaws state caravans can be parked on the lot if they are suitably screened. We’ve requested approval and been told by the BCM that the committee says our lot is not suitable for screening.

There has been a caravan stored on a neighbouring lot for 3 years with no screen. Does this set precedence? We have asked why our lot is unsuitable, but have not received a response. What can we do?

The body corporate is required to make reasonable decisions and part of that can be proving an explanation for why a decision has been made.

The body corporate is required to make reasonable decisions. Part of reasonability can be proving an explanation for why a decision has been made. Without that, the decision can be viewed as arbitrary, which seems to be the case here.

As a next step you might write to the body corporate again requesting that explanation. Perhaps provide evidence or a plan of how screening might be effectively installed. Advise that if a credible explanation for the rejection of your application isn’t provided you will take further action on the matter.

What could further action be? As ever, there is a hierarchy of options starting with tabling a letter on the matter at the next committee meeting, submitting a motion for consideration at the next committee meeting or general meeting seeking to allow you to house the caravan as per the by-laws or filing your issue with the commissioner’s office so the matter can be determined by an outside party.

An alternative view could be to just put in the screening and house the caravan onsite anyway. That forces the body corporate to make a decision. They can issue you with a breach of by-law notice. They might do nothing. They might take the matter to the Commissioner’s office themselves. The Commissioner’s office could find in their favour. Or is might find in yours. This pathway is a gamble, but it is one some people are willing to take and it is the kind of thing that will happen if body corporates don’t provide reasonable explanations for their decision-making.

The other caravan parked at the site may not provide precedence – two wrongs don’t make a right – but it is worth asking why one is allowed and yours isn’t. If it is in breach of the by-laws, why isn’t the body corporate taking action? Maybe they are and you don’t know about it. All round, it seems that a more open conversation here may be beneficial. I would suggest to the body corporate that you are willing to have that and see what they say.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au

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The BC has been aware of leaky windows in our building for years. They have carried out some patch jobs but the windows still leak. The Committee has submitted a motion to pass responsibility to the Lot Owner. Can they do this?

Our building has identified building issues on our balconies. We are outside the contractor’s warranty period.

Our Body Corporate has been aware of the issue for years and, rather than follow the scope of works provided to them, they opted for a cheaper patch job. They exceeded the approved spending amount and then, without approval, paid an additional $60k.

The balconies still leak into the apartments. The windows have been installed incorrectly and water drains into “timber” architraves. The Body Corporate have submitted a motion for the upcoming EGM stating they are rescinding on any costs involved with the window repairs.

Isn’t this the responsibility of the Body Corp due to it being a building defect?

Evidencing causation is the key issue.

If damage or deterioration to the lot is caused by the body corporate’s failure to remediate part of its maintenance obligations, the body corporate would also be responsible for remediating that further damage or deterioration. Evidencing that causation is the key issue though.

Todd Garsden | Mahoneys tgarsden@mahoneys.com.au

Can the Committee pass the responsibly for leaky windows to a lot owner?

Do you need approval for visiting dogs?

An owner regularly pet sits more than one dog at a time. It’s unnerving to not know what dogs will be on common property. Do residents need approval to have visiting dogs at their unit?

Can an owner / committee member pet sit dogs for friends? They bring large dogs into the complex to stay overnight. They also have friends who come over with dogs and stay for hours. Sometimes there can be up to four dogs in their apartment. No request has even been made to the body corporate for approval.

I love dogs and I am happy for residents to have a pet, but I find it unnerving if you don’t know what dogs will be in the stairwell or in common areas.

We are in a small block of units in a building format plan. We by-laws state that approval must be granted to keep a pet. Given all the changes to the keeping of animals in Queensland body corporate properties, where do we now stand?

Review your by-laws. Don’t just look at the pet by-law, also look at other clauses such as noise or damage to common property.

The owner could be in breach of the by-laws or the act, so you might want to consider the ways that could be occurring and then take follow up action.

First you need to review your by-laws. Don’t just look at the pet by-law, also look at other clauses such as noise or damage to common property. Having a friend’s pet attend the property might not be a breach in and of itself, but there can be other clauses that apply.

Then, you might want to have a chat with other committee members or the owner themselves depending on your relationship. You mention that yours is a small scheme, so it can be important to maintain neighbourly relations in ways that may not apply to the distance of a larger scheme. Perhaps there is a way to have a conversation and find some middle ground that can satisfy all parties. It may be that your neighbour doesn’t realise they are causing you a disturbance and it might just be that the fix is simply to point this out.

Failing that, you can request the body corporate issue a breach of by-law notice against the owner or you can take individual action as an owner. If the owner doesn’t make changes it may be that you need to proceed the matter to the Commissioner’s office.

A further consideration is whether the owner is helping friends or running a business. If you thought it was the latter, perhaps you could alert council and they might get involved. Some councils require special conditions for owners who want to house more than two pets and that restriction could be considered here.

If your by-laws don’t really give you the answer, they may need an update. As it is not really possible to reject reasonable pet applications, many schemes are adapting their by-laws to better regulate how pets behave in body corporates. This can include by-laws that look at when they should be on leads or if they should be carried. Speak to a strata solicitor to get some help with drafting a new by-law.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au

Tips for preventing mould if there is high humidity outside

Can you provide some tips for lot owners from areas affected by the recent high rainfall? What should they be doing right now to prevent mould from forming in their strata apartments if there’s high humidity outside?

You just have to wait it out. Keep a dry setting on the air conditioner.

If you’ve got a split system air conditioner, set it to a dry setting. If there’s high humidity outside and you don’t have an air conditioner, there’s not much you can do. You can’t remediate Mother Nature. It’s just a matter of when the day is perfect, open the strata apartment up and ventilate to help with mould.

You can install fans. However, if you do install fans to speed up the rate of evaporation or dehumidifiers make sure that you can keep the wet air inside flushed out. With remediation when we do structural drying, there is a closed drying technique and an open environment technique and this depends on what’s happening outside.

If you’ve got two weeks of rain, there’s absolutely nothing you can do. You just have to wait it out. Keep a dry setting on the air conditioner and remove the mould at its source. That’s the best you can do.

Ryan Richards | Sedgwick Ryan.Richards@au.sedgwick.com

Are contractors visitors?

If contractors come to fix something in the building on a ad-hoc and irregular basis, are they considered visitors? Does this interpretation include a crew of workers, working on a long term contract in the building for up to 6 months?

A large part of the interpretation would depend on whether the contractor was attending a lot.

Assuming that there were no peculiar or specific development approval conditions which dealt with these two different scenarios, adjudicators take the following interpretation as to who is a visitor:

A bona fide visitor is someone who is not the owner or occupier, however temporary that occupation may be. If holiday-makers are renting units, they are treated as “occupiers” and must use the unit’s exclusive use area carport. A visitor is someone who calls on the owner or occupier. The length of time over which a visitor needs to stay may vary depending on the purpose of the visit.

Accordingly, a large part of the interpretation would depend on whether the contractor was attending a lot – if they are calling on an occupier to work on a lot then they would be a visitor. If they are engaged by the body corporate it is less clear and the longer the arrangement, the less likely they are to be considered a visitor.

Todd Garsden | Mahoneys tgarsden@mahoneys.com.au

Repairing damage during the insurance dispute resolution process

Repairing during dispute resolution is something I would highly recommend if you have the means to do so.

Absolutely. Yes, you should. If the insurer has assessed and denied the claim, conducting repairs will not be prejudicial to your claim.

Repairing during dispute resolution is something I would highly recommend if you have the means to do so. The reason why this can be useful for you is if the insurance company is using expert witnesses and you engage a builder to do the repairs, they might find something that the expert witnesses have said which isn’t right or correct. Repairing damage with a qualified builder or tradesman

is a really good opportunity for you to get information about the insurers expert witness report and you may get that advice for free.

If you’re paying a builder to do a repair, they’re probably more than happy to put a few sentences together in an email as to whether they disagree with a certain report and why.

Also, carrying out repairs at that stage is going to help you in quantifying your loss. If you’ve got the final invoice, you can add that to your dispute submission.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au

READ MORE HERE

While waiting for dispute resolution on a claim, can you repair damaged areas?

Do penalty fees apply if you never received the levy notice?

I’ve received a letter of demand, including penalty charges, for overdue levies. My records indicate the contribution notice was never sent by the strata manager. Can I ask for evidence?

I have just received a letter of demand from my body corporate manager for overdue contribution levies. Although I am aware that payments are due quarterly, I usually pay immediately in response to any contribution notice I receive, according to the instructions on each notice.

On this occasion, I’m certain the manager never sent a notice. I always receive correspondence by email, including the letter of demand, and I have no record of the notice in question ever being received. A co-owner is always copied on the emails from the manager and they did not receive a notice either.

I understand the manager MUST send a notice at least 30 days before the due date in accordance with r163 of the Body Corporate and Community Management Regulation 2020. The strata manager has threatened to take me to court, despite not doing their job. I have asked them to forward me the original email notice but they have not done so.

I have every intention of making the payment but they are asking for penalty fees that I do not believe they are entitled to.

What happened with the process?

I think the starting point is what happened with the process. I don’t think it is unreasonable to first ask for evidence or how that the invoices / reminders were sent. If they were sent by email (and received), that is going to be valid in terms of notice with the opt in provisions that are in the new Modules – where people who had provided email addresses were automatically deemed to have agreed to receive notices that way. There is no need for there to be a follow up by post. But if nothing at all was sent in any format then that’s a different story in my book.

Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au

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the Act’s regulations open to interpretation?

The Body Corporate and Community Management ACT 1997 SCHEDULE 1A(4) – Code of conduct for committee voting members requires that a committee voting member must take reasonable steps to ensure the members comply with this Act, including this code, in performing the member’s duties as a committee voting member. Given this, is it correct to say that the Act’s regulations are open to interpretation?

Are

If the committee is required to operate in compliance with the Act, is it correct that the Act’s regulations are open to interpretation?

EVERY piece of legislation in Queensland, regardless of whether it is about strata, is open to interpretation.

Goodness, that’s a broad question.

Let me respond this way: EVERY piece of legislation in Queensland, regardless of whether it is about strata, is open to interpretation. That’s what lawyers exist for and then it is over to tribunals, courts and my former Office (the Commissioner’s Office) to offer more formal interpretation in the form of orders and judgments.

When it comes to a body corporate committee, you are correct they are meant to operate in compliance with legislation. Sometimes, what that means is not black and white. Actually, not sometimes, a lot of the time. When that happens, the best thing the committee can do is seek information to assist their interpretation. That can sometimes be found from the Commissioner’s Office, and when the interpretation is more complex in nature, the committee might require legal advice to provide that interpretation. It is, of course, open to ANYONE to interpret legislation. Unless, though, they have some expertise, knowledge or uncanny

legislative understanding, you need to take that kind of interpretation with a grain of salt. People who interpret legislation without any sound basis for doing so are often referred to as bush lawyers –you want to avoid them at all costs if you can.

I suspect you have a specific issue that you are referring to, so perhaps you might want to put that forward and I or maybe someone else involved with LookUpStrata can hopefully help.

Chris Irons | Strata Solve chris@stratasolve.com.au

READ MORE HERE

Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it?

Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital.

As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation. Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide. Get in touch to find out more.

email: chris@stratasolve.com.au web: stratasolve.com.au

Who repairs the ventilation system?

Our building has a ventilation system servicing the apartments. The vent in our bathroom is not working. I’ve informed the strata manager but the matter has not been resolved. Isn’t this an emergency repair?

I live in a walk-up apartment building on the Gold Coast. The building has a ventilation unit and ductwork in the roof, that services the apartments. One of the vents in our apartment is no longer working. It is not extracting any air at all. This is located in the ensuite, a room that has no window.

We have 2 other vents, in the bathroom and the laundry, that are both working.

This fault was reported to the Body Corporate Managers and BC Committee. An electrician attended, however even though they agreed that our duct was not working, the fans were working and he could not locate the problem. The advice given was to call a tradesperson with specific knowledge of ventilation and ducting system.

The Body Corporate Committee is now refusing to do anything else to fix the problem of our non-functioning duct.

There is now no ventilation at all in our ensuite to extract stale air from the toilet or steam from the shower. It is my understanding that it is illegal for a bathroom/toilet without a window to not have mechanical ventilation, therefore, I would class this as an emergency repair. What are my options if the Body Corporate Committee refuses to fix this?

is.

Your first step is to establish if it is the body corporate’s responsibility to fix. In this case, while I agree it seems as though this is a body corporate responsibility, you would need to also eliminate the possibility that you have any responsibility as an owner, for example, that you have failed to maintain any part of the ducting you were supposed to maintain. Please note, I’m not suggesting you haven’t met your responsibilities, I’m saying you should avoid assuming this is a body corporate issue unless you can be sure it is. Given the body corporate are seemingly not engaging with you about it, I wonder if they have some basis for believing it is not their responsibility.

Assuming it is a body corporate responsibility, you would put a quote to the body corporate to fix the problem. It isn’t clear from your query if you have done this following the first contractor visit. Noting their recommendation to get a specialised tradesperson in, you should try to arrange that, if you haven’t already done so.

I can’t comment if this is an ‘emergency’ repair or not. Again, best not to assume it is, or that it is ‘illegal’, as you suggest, and instead, get some concrete advice one way or the other. Body corporate legislation does not define ‘emergency’.

Ultimately, if you have established all of the above, put a motion to the committee (which is your right as owner) and if it is refused, you can dispute that decision through the Commissioner’s Office.

Chris Irons | Strata Solve chris@stratasolve.com.au

Avoid assuming this is a body corporate issue unless you can be sure it

Fire safety equipment must be well maintained and working

Does more fire testing legislation and more licensing for Qld strata buildings just mean more costs for body corporates?

90% of the time we don’t use any of the fire equipment installed in the building, but if you do have a fire, you wanted the equipment well maintained and working.

What we have to bear in mind is that the new legislation applies to life safety equipment. It comes down to building an asset protection and also the equipment that firefighters need to do their job. There may be big cost implications and 90% of the time we don’t use any of the fire equipment installed in the building, but if you do have a fire, you wanted the equipment well maintained and working. Fire safety equipment is not a luxury item that we can do without.

If you live on level 35 and a modern high rise building, and there’s a fire in the building, you want to know that the fire alarm system and all associated interconnect systems have been tested and are working. In the past, checks could have been as easy as just ticking a few boxes and going “yeah, it’ll be alright”. These days, fire contractors have got to put their licence number under their signature and say, “I’ve tested this”. And it’s not the company that is responsible, it’s the individuals themselves that sign a statement saying, “yes, it’s all in working order”. I do understand the cost implications, but, the bigger the building, the higher the cost, the smaller the building, the smaller the costs.

Bauer | Fire Matters sbauer@firematters.com.au

READ MORE HERE

Stefan

Other unit residents in our area have gas BBQs on their balcony. Why can’t we?

We’d like to have a gas BBQ on our balcony, however, the by-laws for our building do not permit gas BBQs. Other unit residents in our area have gas BBQs on their balcony. Why can’t we?

We are owner occupiers of a unit on the Sunshine Coast, Queensland. We would like to put a small gas BBQ on our balcony, however, we have been advised that the By-laws for our building do not permit gas BBQs.

I have been unable to locate anything in the QLD Fire Regulations which state that gas BBQs are not permitted in strata title units.

Further, we have observed other unit blocks in our area have gas BBQs on their balconies. Should we be allowed to install a gas BBQ on our balcony if the balcony forms part of our unit?

Depending on what your by-laws actually say, there will be different options for you to pursue at that point.

If you’ve been told – presumably by your committee or your body corporate manager –that your by-laws prohibit gas BBQs then you should be able to see the actual by-law where it says this.

Ideally you already have a copy of your bylaws. If you don’t, you can access them directly through the Registrar of Titles: Contact – Titles Queensland. Only those by-laws registered with the Registrar are the ones applicable to you and your scheme.

Depending on what your by-laws actually say, there will be different options for you to pursue at that point.

Chris Irons | Strata Solve chris@stratasolve.com.au

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The importance of keeping master keys safe

What steps should we take to ensure our master key processes are adequate in our large Qld strata scheme?

It is common for a person/ corporation engaged to provide caretaking and/or letting services to a scheme to be provided with the master keys and tasked with the job of keeping the keys safe.

The safe custody of master keys is incredibly important as loss or theft of a master key may threaten the safety of the Scheme and lead to the body corporate incurring significant costs to have all locks replaced. In larger schemes, the costs of having all locks replaced may be tens of thousands of dollars. Furthermore, the body corporate’s insurance policy may not provide adequate coverage in the event of loss or theft of master keys.

Given the above-mentioned consequences, it is crucial that bodies corporate:

1. check the insurance policy in respect of coverage resulting from loss or theft of a master key;

2. ensure appropriate safeguards are in place to reduce the risk of master keys being stolen or lost; and

3. undertake regular audits of the master keys. This is particularly important when caretaking/letting rights are being assigned to a new person or corporation as otherwise, it may be impossible to determine who lost the master keys and who should pay for the resulting costs.

Alanna Hill | Mathews Hunt Legal alanna.hill@mathewshuntlegal.com.au

Noise Breach:

I’ve lived in my unit for over 8 years with no problems. I’ve recently received a noise complaint about the flooring and been told I need to get an acoustic test at my cost. Is this correct?

I have owned a unit in QLD for around 8 years and changed nothing. The unit has laminate-style flooring throughout. I’ve recently received a noise complaint and the Strata Manager has said that I need to do a noise test at my own cost.

This seems unreasonable, especially if the flooring is noise compliant and I’ve received no complaints over the past 8 years. Can I be forced to do an acoustic test at my own cost?

Start by trying to get a better understanding of what has caused this problem.

It sounds odd that the body corporate has requested you to undertake testing as an initial step in this matter, but perhaps there has been a longer process to get to this stage.

There are a number of different options for you in this circumstance, but if it was me I would start by trying to get a better understanding of what has caused this problem. As you state, your flooring hasn’t changed and there haven’t been any complaints for a long period of time, so why is this issue arising now? Has there been a change in your circumstances that could have led to greater noise transference? Maybe you have new neighbours that are more sensitive than the previous ones? Something must have happened to lead to the complaint and it’s important to establish what that is. Talk to your body corporate manager about it or ask your neighbours. It never hurts to show that

“Get an acoustic test, at your cost”

you are a good citizen and amenable to working out a reasonable resolution as the first option.

After that, you need to look at your legal position. Start by checking the by-laws. Are there any requirements in these that indicate it is your responsibility to undertake testing? Many noise by-laws are fairly basic. The default schedule 4 bylaws state:

1. Noise: The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.

If you have something that reads similar, it would usually be the responsibility of the complainant to demonstrate that their use of the lot was being interfered with. Have you been presented with any evidence that this is the case? What quality is that evidence? If nothing substantial has been presented then ask for that as the next step. If reasonable evidence has been presented then you might have to consider how to rectify the problem or what would happen if you don’t.

Some by-laws are more complicated than the standard example. They may include provisions that owners undertake testing although this is usually in relation to a change of flooring. Check the language of the by-law carefully. Go back to the body corporate manager and ask them to demonstrate exactly why it is your responsibility. Maybe engage a strata solicitor to represent you if you feel strongly enough about the matter.

Ultimately, your choice is to undertake the testing or not. If you chose to do it you might want to set out your terms in advance over who does the testing what the standards are and who pays for it. If you do the tests and your apartment is found to be at a reasonable level it would seem fair that you are compensated for this.

If you choose to do nothing the ball passes back to the body corporate or the owner who has made the complaint. They may issue you with a breach of by-law notice. They may seek legal redress and if the matter goes far enough there may be a judgement against you. However, if they follow this path they need to provide credible evidence that you are in breach of the by-law and that may not be easy. There is no definite outcome so all you can do is work through the possibilities and try to come up with a best case solution for all.

READ MORE HERE

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au

Ratchet Straps and Culture

Culture is a word thrown around in all kinds of contexts. We “celebrate culture.” We build “work culture.” We talk about “our culture.” But what does culture really mean? Why is culture so important to success and happiness?

Oxford Languages offers two definitions for the noun “culture.”

1.the arts and other manifestations of human intellectual achievement regarded collectively.

2.the ideas, customs, and social behaviour of a particular people or society.

Let’s focus on the second one in this instance. One person will operate through many different cultures in a given day, week, month, and year. But how do we create a culture of excellence in strata, and particularly, around building quality and consumer protection?

Culture, as discussed above, informs individual people’s ideas, what they think and the kinds of behaviour they accept. Some cultures have no problem with nudity, others might put someone in jail for exposing certain parts of their body. So, it’s clear that human culture is not fixed but varied.

What does this have to do with ratchet straps? Well recently an investigation by the Gold Coast Bulletin found a building high-rise held together by ratchet straps. Whilst the reaction of most people would simply be a “what the???”. Some, with in-depth experience of the development industry in this country are significantly less surprised.

Building in this country, for whatever reason, unfortunately seems to many outside observers to have a culture where “near enough is good enough” and precision and care can often seem optional. Whether it’s Tiktok Tradie pointing out a myriad of flaws in a new build, Opal and Mascot Towers, or tonnes of steel being held together with ratchet straps, the building industry has a reputation for dishing up some corkers.

But why you may ask? Our tradesman all do full four year apprenticeships, under the supervision of qualified and experienced professionals with an exceptional TAFE system which gives them great theoretical grounding. The quality of Australian building should be first class. But, clearly, given the reported rates of significant building defects up and down the length of Australia, particularly in multi-unit dwellings, its clear something is awry.

The answer is likely culture. With little recourse for developers or individual contractors, particularly on large, complex projects, the culture seems to be one of “that’s somebody else’s problem.” Inevitably, the person for whom this becomes a problem is the owner.

The current culture isn’t default, nor is it inevitable or a part of human nature, where accountability measures have been introduced, standards have improved. Around 35 years ago, England introduced a decennial liability insurance product, like what has occurred in New South Wales in recent weeks. Over time, the cost of premiums as a percentage of construction costs has, on average, come down. Why?

Well, we can only speculate, but I think common sense would suggest th`at a significant portion of the reduction in the risk of serious defects came from accountability, from developers, builders and tradesman knowing they’d be on the hook for any serious issues. When you’re accountable, you tend to take more care, when a big insurance payout is a potential consequence of you having an ‘off day’, you focus more. These are considerations we will be flagging as part of our contribution to the evolution of Queensland’s Home Warranty Scheme.

But the hard work is in culture. Part of any journey to enhancing confidence in our building sector will be shifting the culture by working with the construction industry and as the Queensland government kicks off its Developer Review, the culture of the sector is one item we will be raising. As with many sectors – ours included – it’s important to weed out the cowboy operators and support the professional operators. Most construction businesses take pride in their work and want to do the right thing, they care about their professional and commercial reputations.

Let’s work together to shift construction into a new era, where a positive culture is about delivering quality product, which we can all be proud of, and owners can live in safely.

Laura Bos General Manager

Approval for EV charging using common property power

Can the body corp have a contract with an individual lot regarding power supply to a car charging port without disclosing the contract, or any approval from lot owners?

Can the body corp have a contract with an individual lot regarding power supply to a car charging port without disclosing the contract, or any approval from lot owners?

As the building has mains power and solar panels, the Committee hasn’t disclosed how they would work out a contract like this. Who is responsible for the decision making since all lot owner’s payments contribute to the common property power bill?

It’s a crazy brave body corporate that enters into an agreement with a lot owner, or third party, without approval.

Fortuitously, a lot of this question is easy to answer –a body corporate cannot do anything (or virtually nothing) without making a decision That is, in the form of a resolution passed at a general meeting or by the committee.

It’s a crazy brave body corporate that enters into an agreement with a lot owner, or third party, without approval –because what is being banked on is that approval will be given later, by the lot owners or the committee.

So, what sort of decisions may be required about these issues? Well, common property power points, supply power to the common property. Reasonable, intermittent use of them, for activities normally associated with the use of the common property is what would be expected; e.g. plugging in a phone charger when using the BBQ to ensure that Spotify keeps the tunes coming as you flip your burgers. That 500mA draw at 12v for 4 hours

in the Pool / BBQ area is going to cost about as much as a single Tic Tac.

Conversely, hooking up your EV at 7.4kW per hour, overnight, in the common property basement would leave your body corporate with very little change left over from a folding lobster.

Climate consciousness is no excuse for theft, so locking up common property power points being (ab)used for EV charging is pretty reasonable

I would say; whether a formal decision has been made or not (and one should be made, in due course, for completeness).

I’d love to hear the disgruntled lot owner’s argument on this one i.e. ‘Adjudicator, the body corporate locked up a power point that I was using to charge my EV in the basement.

I pay my levies why can’t I use the power point?’

Well, my exalted eco warrior, because your neighbours are contributing to the cost of charging your car, through their levies. They don’t know about it and I suspect they don’t think they should have to subsidise your costs to charge your car!

As for the supply of utility services to a lot owner, a body corporate can do that subject to the lot owner’s agreement and provided that the body corporate is covering costs and not running a business.

The issues usually complained of is that one lot owner is getting preferential treatment,

because they are getting the ‘cheap’ solar power during the day, or they get access to the limited infrastructure to the detriment of other owners.

Given the feed in tariff’s these days for solar, any body corporate with half a brain would be trying to sell any excess that would otherwise be exported back to the grid, if not consumed, at a rate equal to the reference rate, less an appropriate discount.

The ‘profits’ from this arrangement being rolled back into paying off the solar PV installation, and maintenance etc.

As for preferential access to power points, the solution is usually to bake a new, bigger, cake rather than fighting over the crumbs of the old one. Once that is done, the body corporate recovers the costs of the new infrastructure in the metered electricity supplied to the charging points.

To this owner I would say, jump in and search your body corporate records, find out what is going on, then propose some committee resolutions and go to a committee meeting. In other words, get informed, then get involved.

Kleinschmidt Stratum Legal info@stratumlegal.com.au

Michael

Mimor

Connecting People – Creating Communities

P: 0414 228 644

W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence

P: 1300 651 506

W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu PTY LTD

Customer Service Software for Strata

P: 0874778991 W: https://resvu.com.au/ E: enquiries@resvu.com.au

StrataMax

Streamlining strata

P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes

P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au

StrataVault

Connecting people, processes, and applications

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Urbanise

Automate your workload to increase efficiency.

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Install My Antenna

Professional TV Antenna Service For You Today

P: 1300 800 123

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EDUCATION & TRAINING

Your Strata Property

FACILITY MANAGEMENT

BUILDING

ENGINEERS & INSPECTORS

Budget Vals

Built For Strata

P: 1300 148 150

W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

Seymour Consultants

Body Corporate Report Specialists

W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au

Palmer Acoustics

Specialist Acoustic & Audio Visual Engineering

P: 61 7 3802 2155

W: https://palmeracoustics.com/ E: ross@palmeracoustics.com

GQS

Quantity Surveyors & Building Consultants

P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.com.au

HFM Asset Management Pty Ltd

Building Efficiency

P: 1300 021 420 W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS

P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

Leary & Partners

Quantity Surveying Services Since 1977

P: 1800 808 991

W: https://www.leary.com.au E: enquiries@leary.com.au

Pircsa Pty Ltd

Professional Insurance Restoration and Consultancy

P: 0460 555 077

W: https://pircsa.com.au/ E: steve@pircsa.com.au

QIA Group

Compliance Made Easy

P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

Quality Building Management

keeping your buildings legally compliant and safe

P: 1300 880 466 W: https://qbm.com.au/ E: qbm@qbm.com.au

Solutions in Engineering

Quality Reports On Time, Every Time! P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

Property Safety Services

Your compliance needs, your way P: 0414 558 222 E: contactus@propertysafetyservices.com.au

Sedgwick

Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: info@au.sedgwick.com

CORE Consulting Engineers

Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering

Mabi Services

Asbestos, Safety & Building Consultants

P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au

ENERGY

Arena Energy Consulting Pty Ltd

Independent Embedded Network Consulting Services P: 0452 411 247 W: https://www.arenaenergyconsulting.com.au/ E: joseph@arenaenergyconsulting.com.au

Strata Energy Services

Simplifying Energy For Strata P: 1300 060 111 W: http://www.strataenergyservices.com.au/ E: info@strataenergyservices.com.au

INSURANCE STRATA LAWYERS

Strata Insurance Solutions

Protecting owner assets is who we are.

P: 1300 554 165

W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au

Whitbread Insurance Brokers

Empower Your Vision

P: 1300 424 627

W: https://www.whitbread.com.au/ E: info@whitbread.com.au

CHU Underwriting Agencies Pty Ltd

Specialist Strata Insurance Underwriting Agency

P: 1800 022 444 W: https://www.chu.com.au/ E: info_nsw@chu.com.au

Strata Community Insurance

Protection for your strata property. And you. P: 1300 724 678

W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au

Flex Insurance

Your Cover Your Choice

P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au

Driscoll Strata Consulting

Knowledge | Experience | Service

P: 0402 342 034

W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au

Sure Insurance

Sure. Insurance, but Fair

P: 1300 392 535

W: https://sure-insurance.com.au/strata-hq/ E: strata-quotes@sure-insurance.com.au

SAFETY & SECURITY

Pacific Security Group

Experts in electronic security since 2005

P: 1300 859 141

W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au

Mahoneys

Body Corporate Law & Dispute Resolution Experts

P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au

Hynes Legal

We are different.

P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au

Bugden Allen Graham Lawyers

Specialising in property development & strata law

P: 02 9199 1055 W: http://www.bugdenallenlawyers.com.au/ E: info@bagl.com.au

Mathews Hunt Legal

BODY CORPORATE LAWYERS... EXCLUSIVELY

P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au

Stratum

Legal Pty Ltd

Delivering strategic solutions in strata law

P: 07 5406 1281 W: https://www.stratumlegal.com.au/ E: info@stratumlegal.com.au

Grace Lawyers

Know. Act. Resolve.

P: 07 3102 4120 W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Holman Webb Lawyers

Body Corporate and Strata Dispute Experts

P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au

CONSULTING

Strata Solve

Untangling strata problems

P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au

STRATA MANAGEMENT

Tower Body Corporate

Your Building Matters

P: 07 5609 4924

W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au

Bright & Duggan

Strata Professionals

P: 02 9902 7100

W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

Vision Strata Services

Your local Strata Firm based on the Gold Coast QLD W: http://visionstrata.com.au/ E: info@visionstrata.com.au

Civium Communities

When you build trust, you build a community

P: 1300 724 256 W: https://civium.com.au/ E: clientservices@civium.com.au

Northern Body Corporate Management

Specialist Body Corporate Management for North Queensland P: 07 4723 8217 W: https://www.nbcmqld.com/ E: nbcm@bigpond.net.au

Network Pacific Strata Management

Supporting our Qld strata communities

P: 07 5609 8677

W: www.networkpacificstratamanagement.com.au/ E: info@networkpacific.com.au

Bryant Body Corporate Management

Not All Agents Are the Same!

P: 07 5437 7777

W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au

Archers the Strata Professionals

Your Partners in Strata

W: https://abcm.com.au/

E: marketing@abcm.com.au

Quantum United Management

Creating vibrant and connected communities

P: 61 38360 8800

W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au

CLEANING / CLEAN AIR

Actualised Industries

A breath of fresh air

P: 1300 728 760 W: https://www.actualisedindustries.com.au/ E: admin@actualisedindustries.com.au

DEFECT RESTORATION

Building Rectification Services

P: 07 5539 3588

W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au

STRATA REPORTS

BIV Reports

Specialist in Strata Compliance Reports

P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au

Covid19 Plans

Covid19 Safety Plans for Strata P: 1300 828 344 W: https://covid19plans.com.au/ E: plans@covidplans.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property P: 0411 483 249

W: https://www.strataregister.com/ E: hello@strataregister.com

INVESTMENT SERVICES

Strata Guardian

Fight low returns and rising levies with us.

P: 1300 482 736

W: https://www.strataguardian.com/ E: contact@strataguardian.com

INTERNET & TELECOMMUNICATIONS

Spirit Technology Solutions

Do IT with Spirit

P: 1800 774 748

W: https://www.spirit.com.au/ E: developers@spirit.com.au

ELECTRICAL

Altogether Group

Power.Water.Data

P: 1300 803 803

W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au

Energy On Pty Ltd

Providing utility network solutions

P: 1300 323 263

W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

EDSI Solutions

Electrical Concierge Services

P: 07 3205 7002

W: https://edsi.net.au/ E: admin@edsi.net.au

ENM Solutions

Providing Solutions for Embedded Networks

P: 1300 000 366

W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

EMERLITE ELECTRICAL SERVICES

We Answer The Phone - No Job Too Big Or Small

P: 07 5591 9191

W: https://www.emerlite.com.au/ E: office@emerlite.com.au

FIRE SERVICES

Fire Matters

Fire Safety Compliance

P: 07 3071 9088

W: https://firematters.com.au/

E: sbauer@firematters.com.au

Hartec Fire Systems

Fire Systems Maintenance & Admin Solutions

P: 1300 300 367

W: http://www.hartec.net.au/

E: info@hartec.net.au

CLOTHES LINES

Lifestyle Clotheslines

Clothesline and washing line supplier & installer

P: 1300 798 779

W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

PAINTING

Higgins Coatings Pty Ltd

Specialist painters in the strata industry

P: 1300 HIGGINS W: https://www.higgins.com.au/ E: info@higgins.com.au

Dulux Property Services

Total Building Maintenance & Remedial Solutions

P: 0434 834 799 W: https://www.duluxconstructionsolutions.com.au/ E: propertyservice@dulux.com.au

WINDOWS & DOORS

Windowline Pty Ltd

Australia’s strata replacement window & door specialists

P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au

StrataLoans

The Experts in Strata Finance

P: 1300 785 045

W: https://www.strata-loans.com/ E: info@strata-loans.com

Lannock Strata Finance

The Leading Strata Finance Specialist

P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au

Austrata Finance

Pay Now or Pay Later: It’s Your Choice®

P: 1300 936 560

STRATA LOAN PROFESSIONALS PLUMBING

W:https://austratafinance.com.au/ E: info@austratafinance.com.au

Fair Water Meters

Fair water - fair bills

P: 1300324701

W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au

Australia’s