MARCH 2023
Can residents have their dogs in the pool area?
Page 10 | Strata Solve
Residents charged a clean up fee if they make a mess
Page 18 | Tower Body Corporate
Is there a standard no smoking policy for strata in Queensland?
Page 32 | Mahoneys
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4 Individualise and it becomes your responsibility
William Marquand, Tower Body Corporate
6 Enforcement notice to “repair, rectify, demolish or remove”
Todd Garsden, Mahoneys
8 Can the building manager hand out contact details?
Frank Higginson, Hynes Legal
10 Can residents have their dogs in the pool area?
Chris Irons, Strata Solve
12 Lot owner’s responsibility to maintain their lot
Tyrone Shandiman, Strata Insurance Solutions
14 Who pays for an additional main switch in a meter box?
Allan Parker, Altogether Group
16 Smartphone access control MIMOR
18 Residents charged a clean up fee if they make a mess
William Marquand, Tower Body Corporate
20 Guide to managing body corporate building defects
Todd Garsden, Mahoneys
22 Can our caretaker run aquafit classes in our pool?
Chris Irons, Strata Solve
24 Strata law changes announced by Queensland Government
Frank Higginson, Hynes Legal
26 Tenant takes up all the space on the clothesline
Chris Irons, Strata Solve
28 Extra levies for lot owners who short term let
Michael Kleinschmidt, Bugden Allen Graham Lawyers
30 Restricted access to the swimming pool
William Marquand, Tower Body Corporate
32 Is there a standard no smoking policy for strata in Queensland?
Todd Garsden, Mahoneys
34 Reform announcement - merely step one on the journey SCA (QLD)
36 Terminating your body corporate manager
William Marquand, Tower Body Corporate
38 The QLD LookUpStrata Directory
Our body corporate is considering replacing garage doors. If some owners want taller doors, why should they be responsible for all future maintenance or door replacements?
We have a unit on the Sunshine Coast in a 30 year old building. The body corporate is considering replacing garage doors. Some owners would like to pay the difference to increase the height of their garage doors.
The body corporate committee states that if lot owners increase the height of their doors, they will be responsible for all future maintenance or door replacements. How is this fair when the increase is only around 5% of the total door. The alteration is to improve accessibility into the owner’s garage.
If
individualised to your lot (a taller garage door) that’s fine, but it is now wholly your responsibility.
From the information provided here, it sounds like the position of the body corporate is correct. Generally, body corporate law is established to allow everyone to have the same thing or for items specific to a lot to be the responsibility of that lot owner. These are the principles being applied here. They make good sense.
If everyone has the same garage door, most people can accept and understand that they share the costs of paying for their neighbour’s door repairs, safe in the knowledge that their own door will be repaired when the time comes. However, if you have to pay more to maintain your neighbour’s door while they pay less to maintain yours, that’s an inequity people won’t tolerate.
Of course, you are not suggesting that people pay more or less – only that the percentages of what they may be more finely graduated. Unfortunately, the current legal structure doesn’t really allow this kind of fine line administration. So, if you want something individualised to your lot (a taller garage door) that’s fine, but it is now wholly your responsibility.
One other possibility is that you could vote on making all garage doors taller. Taller garage doors would be an improvement to the common property. If enough owners voted in favour, all owners could get a taller door while keeping them as common property.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.auREAD MORE HERE
Our Committee received an enforcement to “repair, rectify, demolish or remove” a common property structure. Did they have authority to demolish and dispose of the common property without first obtaining approval?
Our Committee is in receipt of a local government Enforcement notice that requires the Body Corporate to “repair, rectify, demolish or remove” a common property structure so that it is no longer dangerous or dilapidated.
Did the Committee have the authority to demolish and dispose of the common property and approve expenditure for the work (which was more than twice the Committee’s spending limit), without first obtaining proprietors’ approval at a general meeting? There was an adequate time in which to obtain quotations and call an EGM before the compliance date. The relevant legislation is BUGTA.
the next AGM.
There are a few different approval elements to determine if a general meeting was required to properly authorise such a decision.
Section 47 of the Building Units and Group Titles Act 1980 (Qld) provides that the committee can expend funds:
1. which is below its spending limit ($200 for each lot in the scheme if not amended); or
2. to comply with a notice served on the body corporate by the local government.
Accordingly, the committee would have been authorised to spend the funds required to demolish the common property structure even if it exceeded the spending limit.
Approval of the physical works to improve (change) the common property would have only needed general meeting approval if the cost was more than $2,000 for each lot in the scheme. I suspect this was not the case.
The final question is whether the decision to remove the structure was a restricted matter. A restricted matter is a decision that cannot be made by the committee and required a general meeting. Such a type of decision extends to any matter which seeks to alter the rights, privileges or obligations of proprietors.
If owners were making use of the structure – which has now been removed – this would seemingly be a change to the privileges of owners that attached to the structure such that a general meeting would be required.
However, I suspect that if this issue made its way to a referee, at worst, the referee would provide the body corporate with the opportunity to seek ratification at general meeting prior to any other action being taken – particularly in light of the consequences of non-compliance with the enforcement notice. It may be the case that the committee also intends to ratify the decision at the next annual general meeting in any event. This is generally an acceptable course of action for the committee to take.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
Enforcement notice to “repair, rectify, demolish or remove”
Due to a parking issue, our building manager shared our details with another lot owner.
Can the building management staff share resident’s personal information with other lot owners?
While trying to park in our assigned car space in our basement garage, the battery of my daughter’s car died. She managed to push the car to the nearest available space to avoid blocking access. Later, an aggressive resident knocked on her door, demanding that she move her car. She explained the situation, and the other resident calmed down.
My daughter approached the building manager and asked if our apartment number had been given out. The building manager confirmed an irate resident had complained about a resident parking in their space, and the car owner’s details had been shared.
Can the building management staff share resident’s personal information with other lot owners? Is this a breach of privacy?
From the manager’s perspective, it is hard for them to deny information that is open to basically anyone.
This is one of those ones where you need to put yourself in the shoes of the other person. From my end, the ideal thing to do would have been to put some form of note on the disabled car to let anyone who was interested know what had happened. People block others all the time and it (justifiably) winds some up.
From the manager’s perspective, it is hard for them to deny information that is open to basically anyone – all that would have happened is they would have been caught in the middle of the dispute and that’s not in their interest either.
Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au
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Get in touch with us to find out why borrowing should be part of the funding mix in your strata corporation.
Are there any laws regarding dogs in a pool enclosure?
The owners accompany the dogs, however, the dogs are unrestrained
I live in a complex of 12 units in QLD.
Are there any laws regarding dogs in a pool enclosure? I feel this is a safety and health issue.
The owners accompany the dogs, however, the dogs are unrestrained.
Our bylaws state that no dog is to be in common areas, but there is no enforcement of bylaws due to weak committee members.
Have you approached the dogs’ owners to voice your concerns?
Bodies corporate are obliged to enforce their by-laws. If you’re saying that your committee is declining to enforce the by-laws, then an owner or occupier (tenant) can take action themselves. The action could either be to compel the body corporate to do something, or to take action directly against the allegedlyoffending owners.
If the issue continues, or there is a refusal to act, then you can consider dispute resolution proceedings through the Commissioner’s Office.
Have you approached the dogs’ owners to voice your concerns? That’s probably your first step, assuming it is safe to do so.
Chris Irons | Strata Solve chris@stratasolve.com.au
A lot owner in our building (BFP) is aware they have water traps on their lot. They have leaky covers on rooftop access doors, plus a leaky and poorly constructed pergola on their exclusive use rooftop terrace. These items are not maintained or repaired so that they work properly to prevent water damage. The resultant water damage becomes the cost of all owners to fix. Can the owner be pursued for the cost of the resultant repairs?
If a lot owner does not maintain known issues in their lot and this causes damage to common property, are they liable?
Lot owners have a responsibility to maintain their lot in good condition. That is a requirement under applicable regulations, for example, section 211(3) of Body Corporate and Community Management (Standard Module) Regulation
From an insurance perspective, failure to maintain a property can also have an adverse impact on insurability.
Insurers will include exclusions such as Damage caused by non-rectification of an Insured Property defect, error or omission that You were aware of, or should reasonably have been aware of – this will give the insurer the
ability to deny a claim for damage resulting from the failure to address these known issues.
Not only can lot owners face an uninsured loss for damage to their own property, they can also be held liable for damage to other’s property as well.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Not only can lot owners face an uninsured loss for damage to their own property, they can also be held liable for damage to other’s property as well.
This cost should be at the expense of the requester of the works.
In general, the body corporate and, if applicable, the embedded retailer are jointly responsible for ensuring the safe operation of the site.
If a consumer instigates works within the network and the installation of additional work is required for compliantly installing this additional equipment such as a building Main Switch (which the enquiry appears to suggest is required) then this cost should be at the expense of the requester of the works. This is on the basis that the original installation may not have required this item when installed to comply with installation standards applicable at the time. The installation of solar, in this case, is the catalyst for the addition of the switch described.
The exception to this is where the reason for the installation of the additional equipment is directly related to an unsafe condition of the network. In this example, the body corporate would be responsible for rectifying the unsafe issue.
Due to solar installation and electrical regulations, my solar company has asked to install a main switch in our meter box. Who should pay for this?
Due to solar installation and electrical regulations, my solar company has asked to install one main switch to the switch box for a group of four lots. The switch box is on the outside brick wall of one of the lots.
The main switch will allow the switchboard to be turned off in case of an emergency or so an electrician can work safely inside the switchboard.
Who should be responsible for this upgrade expense? Would it be the responsibility of the body corporate or should the bill be shared by all four owners receiving electricity via our meter box?
Allan Parker | Altogether Group eaustin@altogethergroup.com.auREAD MORE HERE
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Two words you don't often see in the same sentence. Just ask anyone who's had to replace a key or a fob or arrange for friends and relatives to share their strata facilities.
Click to Access (C2A) is a new smartphone tool that seamlessly delivers reliable access control for common property. It manages permissions, simplifies security administration, and creates smarter more secure buildings.
Security risks associated with traditional key administration are eliminated by controlling and logging who enters, what time they can enter, and through which entry point – all from MIMOR’s cloud-based dashboard.
C2A communicates to access readers on entry points and connects mobile devices to verify credentials. Access to a building is granted via the MIMOR's dashboard, and an SMS or email link is used to gain access.
Mobile access control is also touchless since users can open doors without touching surfaces.
Subscriptions are scalable, from three apartments to more than 500.
There are obvious benefits for individual owners who can easily create and revoke permissions for visitors using the tool. These include simplifying logistics for short-term letting but also anyone inviting family or friends to visit or providing access to cleaners.
• Strata professionals, property and building managers and committees can also grant and revoke mobile credentials at any time – slashing admin times, reducing site visits, and increasing building security.
• Physical keys and fobs are easily lost or copied and expensive to replace. There is also significant administration time spent arranging new keys and coding new fobs.
• C2A is safer, more secure, and simpler to manage. The feature can be added to entry points including individual apartment and building front doors, garage doors and other entry and exit points without modification to the existing security system.
• C2A provides an efficient system for shared amenity spaces. Residents can book BBQ areas, tennis courts and so on via the MIMOR dashboard, gaining keyless access via their mobile phone which activates at their booking time. Access is therefore restricted to only those booked. The system keeps a real-time log of attempted access and users.
• Access for tradespeople is also simplified. C2A provides remote access control and tracks when trades enter and exit buildings – simplifying the process for strata professionals & building managers, saving the need for a site visit, and mitigating security risks around the sharing of codes. C2A can provide access to all required areas or front door and codeless key safe access.
• For buildings with short-stay apartments, there’s no need for a physical key hand-over or multiple unsightly and insecure key safes on the outside of buildings. Guests are provided with a secure access link, activated remotely at check-in time, and deactivated on check-out. Owners can also opt to install C2A on their front doors, eliminating physical keys altogether.
• Entering a property using a mobile phone makes end-of-lease and move-ins seamless for tenants and property staff. Property managers can grant access remotely to front doors, garages etc., to let end-of-lease cleaners in or aid new tenant move-ins.
My body corporate announced that residents who make messes in common areas will be charged a clean up fee. Can they do this? I have checked our by-laws and there is nothing about charging residents clean up fees.
If an occupant damages the common property in some way by making an excess mess, I don’t see anything wrong with the body corporate issuing the invoice to the owner for the costs of rectification provided they have reasonable evidence of the event.
If the owner or tenant accepts responsibility and pays, then great.
The body corporate is limited in its capacity to enforce payment.
However, what if they don’t pay? The reality is that the body corporate is limited in its capacity to enforce payment of that invoice.
The general view is that bylaws cannot impose monetary liabilities on owners and occupiers.
This is an opinion that has been supported by adjudicators over the years. See this interesting case regarding this over payment for a fire door: Can a Body Corporate impose monetary liabilities on residents?
The problem with having the legislation written and interpreted this way is that it frequently results in a negative outcome for body corporates: bad owners do damage and good owners pay for the repairs. How is this viewed as an effective system?
I can understand that legislators don’t want body corporates to be able to issue their own fines – the issues need to be assessed by an independent person based on a credible standard of evidence. However, the current option of issuing by-law breach notices and then entering the drawn out adjudication process is hardly a solution at all. Some rethink is required here.
From an owner’s perspective, if you do get an invoice from the body corporate for an issue
like this, it may be helpful to think through the implications of why you are being asked to pay. Ultimately you can refuse, but if you do then you can’t complain when the next person refuses and the person after that. And maybe the damage you did would cost $100 to rectify, but the next one could be $1000 or $10,000. Every time the body corporate pays these amounts, it comes out of the levies owners have contributed. If the body corporate is responsible for all these costs, then the only outcome is that levies go up
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
By Todd Garsden, Partner.
Building defects continue to be an issue, and source of dispute, for bodies corporate. A 2019 Deakin University report into the issue revealed that 85% of apartment buildings have some form of structural defect. Recent high-profile examples (e.g. Johnson Apartment Tower in Brisbane, Opal Tower, Mascot Towers and Sugar Cube Apartments in Sydney) reinforce this issue and highlight the potential consequence for owners.
Building defects are generally defined as building work that is non-compliant, faulty or below a reasonable standard of quality. Defects can include, but are not limited to, issues with:
• Aesthetics (bubbling paint)
• Safety (non-compliance fire systems)
• Water proofing (water intrusion)
• Compliance (combustible cladding)
• Structural (concrete cracking)
• Other (subsidence)
To an untrained eye, a lot of building defects can initially seem inconsequential, or even go unnoticed. Some can take time to develop – such as water proofing issues and structural defects – and generally don’t appear until well after a complex has been built.
To help protect bodies corporate from defective building works, a number of significant changes were made to the Body Corporate and Community Management Regulations in 2021. The changes require bodies corporate (and body corporate managers) to take a more proactive role in protecting the legal rights of owners by identifying and rectifying building defects early.
No matter who is ultimately responsible for the building defect, the body corporate has an obligation under the Body Corporate and Community Management Act to maintain common property in good condition. This extends to identifying and rectifying building defects on a timely basis, including pursuing the builder or contractor for any defective work they are responsible for.
Importantly, a body corporate that fails to act on a timely basis can lose the right to claim against the builder or contractor. When this happens, the burden to rectify any defects could fall directly and solely on to the body corporate, which is then usually passed on to owners in the form of special levies.
To help bodies corporate with this important responsibility, industry leaders Mahoneys and Sedgwick have prepared a detailed guide to managing body corporate building defects. In this guide we discuss:
• What is a building defect
• The body corporate’s obligations for defects
• Why it is important to identify defects early
• The importance of a building defect report
• What bodies corporate should do to protect their rights
• How Mahoneys and Sedgwick can help
Mahoneys and Sedgwick are experienced at helping bodies corporate identify and rectify building defects. Specifically:
Mahoneys can help with:
• Advising the body corporate on its legal rights and obligations, including
· right to receive the construction documents from the developer
· obligation to consider appointing an expert to do a defect assessment
• Obtaining the construction documents from the developer
• Reviewing and verifying the construction documents received by the body corporate
• Working with the expert appointed to conduct the building defect assessment
• Reviewing the building defect assessment report and advising on appropriate next steps, including
· confirming who is responsible for the defect
· what action, if any, can be taken (and against whom)
any strategies for achieving the desired outcome
• Pursuing the builder for any defects they are responsible for Sedgwick can help with:
• Conducting the preliminary building defect assessment
• Working with the body corporate’s lawyers to:
· review/assess any defects identified and
· determine and support any next steps
• Providing additional opinions/reports/evidence required to support any action to be taken
• In the event that the body corporate is required to undertake the work, helping
· scope out and cost any rectification works
· contract out and manage any work to be undertaken
• Overseeing and reporting on any remediation work undertaken by the builder or appointed third party 1
Can the caretaker of our resort use our swimming pool to run aquafit classes five times a week? These are open to the general public and the caretaker charges $10/person?
That will depend on the terms of the caretaker’s contract.
Largely, that will depend on the terms of the caretaker’s contract.
It may be that the contract does provide for these services to be delivered in this way. You may want to firstly make an enquiry of the committee – or indeed, the caretaker – to clarify. If not, then you may need to consider taking further action if you want to challenge this situation.
As a general rule, decisions about the use of common property are usually made at a general meeting, so you may want to check minutes or do a search of body corporate records on this issue. Use and enjoyment of common property is typically confined to owners and occupiers, as opposed to ‘visitors’ or ‘invitees’ although I stress it is sometimes very challenging to define these terms. It always depends on the situation.
Chris Irons | Strata Solve chris@stratasolve.com.au
The Queensland Government has started the year at a cracking pace by outlining their in-principle decisions for reforms to strata law in the State.
After two years of consulting with industry and hearing from experts, the Government has released the first of an expected series of proposed changes as a preliminary to draft legislation being introduced to parliament later this year.
As with all businesses, the strata industry thrives on certainty. By providing strong guidance as to the likely direction of strata law in the State, the government has at least set some parameters for what is to come. But as ever, the devil will be in the detail. People who get their thrills by going through Bills on a line-by-line basis will be waiting restlessly.
But the general direction from government is clear: changes are coming for laws governing how a body corporate can be wound-up, on pet ownership in a strata scheme, on smoking in a strata scheme and on the always contentious issue of towing cars from a strata scheme.
The first of these—winding up a body corporate—will make it easier to redevelop ageing apartment blocks.
The proposed new laws would require just 75% of lot owners to approve the termination of a scheme where the body corporate has agreed it is more financially viable to terminate rather than maintain or remediate the scheme. It seems that this is the only basis on which schemes can be brought to an end without 100% support.
The changes will bring Queensland into line with other states and some international jurisdictions and should be well received by the property industry, which is keen to respond to massive demand for new housing by redeveloping ageing blocks into larger medium-to-high density developments. It’s a sobering thought that population projections have another million people living in south-east Queensland by the time of the 2032 Brisbane Olympics. All those people won’t be housed in existing six-pack unit developments.
There are many questions to be answered, including whether dissenting owners will be compensated beyond the sale price of their lot for the inconvenience and the cost of having to move, and what constitutes the financial triggers to terminate a scheme. Is it the equivalent of a car write off? Or will the trigger points be more tightly codified?
Currently, a scheme can only be brought to an end if all owners agree to that, regardless of the age or dilapidation of the scheme.
Other proposed changes announced by the government include:
Bodies corporate will not be able to ban pets in a community title scheme, except in special circumstances. This might take away the arguments about whether prohibiting pets is unreasonable or oppressive, which is the battleground at the moment. This guidance seems to make clear that pets are part of residential life – in whatever type of structure you live in.
Bodies corporate will be given the power to make by-laws that prohibit all smoking from outdoor and communal areas. This doesn’t quite cross the bridge to prohibiting smoking inside lots and on balconies that was considered in the Artique decision, but it puts more power into the hands of other lot owners. It also emphasises the importance of committees having by-laws that are legally enforceable.
Bodies corporate will be able to tow vehicles which prevent access or cause a hazard. At the moment the issue is that by-law enforcement takes longer than is effective for dealing with these types of breaches. It would seem that a more immediate ‘self-help’ remedy may be around the corner.
There are still many questions over detail that will need to be answered which will be part of the consultation process later this year. No actual legislation or detail has been drafted yet.
But it shows the government is moving on some fundamental issues that have dodged the strata industry for years.
By Frank Higginson | Partner, Hynes Legal
A tenant takes up a large proportion of the clothesline space every day, leaving clothes out well after they are dry. We’ve approached them gently about the matter, but nothing has changed.
We are a complex of 18 units. There are eight clotheslines for all residents. One tenant uses three clotheslines daily and leaves their washing on the lines from early until late. There excessive use restricts residents’ access to the clotheslines.
We have gently approached the tenant, requesting they remove their washing from the lines when it is dry but there has been no change. How should we approach this problem?
The body corporate might have to consider an amendment to by-laws to regulate washing line usage.
You may need to look at this from a few angles. Presently, you’re looking at it from the angle of asking the tenant (known as an ‘occupier’ under Queensland strata legislation) to change what they do, and it seems you’ve tried doing that reasonably and informally – which is what I’d recommend. You can now continue on to do that more formally and, I guess, more assertively by making a request in writing.
To do that, though, you’d have to have a basis on which to ‘continue on’. That’s where your by-laws come into play. Do they adequately cater for this situation? If not, the body corporate might have to consider an amendment to by-laws to regulate washing line usage. Bear in mind that bylaws cannot discriminate between different types of occupiers, so whatever by-law gets considered in relation to washing line use, they will have to apply equally to everyone and not just this individual. You might also want to ask yourself if there’s a reason why this occupier has this seemingly very high washing demand. Do they have a very young family? Does their occupation require it? Understanding the motivation might get you closer to arriving at a solution that works for everyone.
The next angle: is the washing line situation adequate for the needs of the scheme? My rudimentary maths tells me that if the 18 lots had two occupiers each, on average,
then that might be 36 people trying to use eight lines at any time, or a ratio of nearly five occupiers per washing line. Is that a good ratio? I can’t answer as I don’t know the scheme, so the committee might like to consider it and whether there is scope to add further lines onto what I assume is common property.
Chris Irons | Strata Solve chris@stratasolve.com.auStrata 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.
Can we introduce an extra levy for unit owners who short-term let their unit?
Can a body corporate in Queensland introduce an extra levy for unit owners who are using their unit for short-term letting like Airbnb?
Brisbane City Council charge people who use their property for short-term letting additional rates. Can we do something similar?
Your neighbours can use their lots for whatever they like, as long as that use does not break the law.
First, the lawyer’s answer…. body corporate levies, more properly ‘contributions’, are the way a body corporate raises money from lot owners to pay for common expenses.
Contributions are calculated based on a proposed budget of expenditure. Where the budget falls short, or an unexpected liability
arises, a special contribution is raised to cover the shortfall or extra amount, as the case requires.
Contributions must be levied against lot owners pro rata their contribution schedule lot entitlements unless the contribution is for one of a few specific exemptions such as some types of building reinstatement insurance and public risk insurance of the common property, both of which are charged pro rata the interest schedule lot entitlements. The answer to this question then appears to be ‘no’, at least in the first instance even if, for example, a body corporate is incurring additional expenditure based on the Airbnb ‘use’ alone; e.g. extra pool or BBQ cleaning.
If however a lot owner uses their lot for a riskier activity, and that impacts the body corporate’s building reinstatement insurance premium, then the body corporate can adjust the premium payable by the ‘risky’ lot owner, to fairly reflect the lot owner’s risky activities versus the total risks covered by the policy.
The example given in the Regulation Module is a lot owner who has a small manufacturing business in their lot, that involves storing flammable chemicals.
So, where a case can be made (typically by comparing pre and post Airbnb insurance quotes) that Airbnb use is increasing the body corporates building reinstatement insurance premium, then arguably the additional premium, attributable to the ‘riskier’ use, could be passed on to the relevant lot owner/s.
Next, the answer that needs to be said… just like you can, your neighbours can use their lots for whatever they like, as long as that use does not break the law. Queensland Parliament has not empowered bodies corporate to tax their neighbours based on how they use their lots. NIMBY’ism is bad enough in local councils –it would be a nightmare in bodies corporate armed with a taxing power based on use. Strata in Queensland is ‘community’ title and community requires patience (for example when you are driving behind elderly neighbours
who are entering or exiting the car park), consideration (for example, not practising on your saxophone when your shift work neighbour is sleeping), mutual respect (for example, each occupier abiding by the by-laws, for everyone’s mutual benefit) and especially tolerance… of other people living their lives, and doing the best they can.
Michael Kleinschmidt | Bugden Allen Graham Lawyers michael.kleinschmidt@bagl.com.au
Can our body corporate allocate 2 of our 3 swimming lanes for resistance training for 3 mornings of the week?
Does blocking off the lanes unreasonably affect how others use the pool? We don’t know, but if enough people complain about it, it is probably a sign that a rethink is required.
The body corporate is required to make reasonable decisions. So the question might be whether this action is unreasonable. Presumably, there are a number of occupants at the scheme who want to use the pool for training purposes and if so, it sounds reasonable that they can do so.
So long as there has been some consideration of the pros and cons and some give and take around implementation, it sounds like a good idea. If it is just an arbitrary decision to please one or two people, it might be problematic.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.
Is there a standard no smoking policy for strata corporations in Queensland? Can we introduce a standard no smoking by-law with various amendments, as needed?
of their lot or the common property –pursuant to section 167 of the Body Corporate and Community Management Act 1997 (Qld); or
2. substantially enclosed area on the common property – pursuant to the Tobacco and Other Smoking Products Act 1998 (Qld).
A no smoking by-law or policy is unlawful.
A no smoking by-law or policy is unlawful. The law, as it stands now, is that smoking is a lawful activity and bodies corporate cannot:
1. prohibit an otherwise lawful activity (for the same reasons it cannot ban pets); or
2. make rules that are inconsistent with legislation.
That said, what is not lawful is smoking in a:
1. way that unreasonably interferes, causes a nuisance or causes a hazard with another person’s use and enjoyment
Accordingly, a by-law that mirrors these requirements would be enforceable. A by-law that oversteps these restrictions would be unlawful.
I would be happy to be engaged to assist by drafting a motion and by-law to propose an enforceable smoking by-law. This would need to be approved by special resolution and a new community management statement recorded in the Titles Office.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
Is there a standard no smoking policy for strata in Queensland?
If I have said it once I have said it 100 times, SCA (Qld) has been committed to reforming Queensland strata law for years now, and this will be a year of achievement. Well, whilst I am not superstitious I must say the announcement last week of a suite of reforms had me believing (at least the tiniest bit) in “The Secret,” the self-help philosophy/ book famously promoted by Oprah Winfrey. Since coming on board, I had mentioned strata reform so many times that we finally got some. Whilst detail is scant at this stage it is clear based on the media summary released that this stuff will be big, it will be positive and it is just the start.
In between multiple media bookings on the date of the announcement, I had to take the time to digest what has been announced and I am pleased. It is genuinely a positive start. Legislative clarity on the “dark triad’ of strata issues with pets, parking and smoking has been promised and we are excited about this. On our reading of the press release we believe the ability to have a pet will be a rebuttable presumption, towing will be allowed when necessary and smoking will be banned in communal areas of community titles schemes. Whilst the devil will be in the detail it all looks positive. Whatever side of these nuanced debates you fall on, one thing is clear –the clarity we are getting will reduce the volume of disputes our members face. This is a positive for all.
The unanimous support for a reduction in the scheme termination from the property sector was no doubt key to getting this reform over the line. All of Queensland will benefit from this, and we are proud to have championed this reform from day 1.
So whilst it is nice to have Government commitment to these specific reforms, and promises of further reforms before the end of the year, we recognise that our real work is only just beginning. Making sure individual legislative provisions are drafted just right to reflect industry reality will be critical and the feedback of members of course crucial.
Once we get an exposure draft bill, we will get down to the gritty business of analysing the bill, making sure our members think it will work in reality and then look to offer constructive feedback to Government on detail. In principle though, we are happy with all changes that have been announced.
These changes could be called low hanging fruit given how much consensus is behind them, but they are a sign that Government is finally paying attention to strata. We will not miss this opportunity to pursue more policy change to controversial issues like management rights, bullying and harassment and regulation of body corporate managers.
We have finally after years of persistence got real change on the table, and we will not waste our moment. Whether it is in the media, submission writing or simply getting in front of political decision makers, we will leave absolutely no stone unturned in our quest for reform. Our members should expect nothing less from us and we will deliver nothing less to them.
As a member-based industry peak body, we exist to support our whole sector. A big part of this is making the lives of our members easier through support, training and advocacy for positive industry change. We have been banging the reform drum for years now and are pleased to see it is finally here. This doesn’t mean we will rest on our laurels, rather it evidences just how determined we are to get this job done. www.qld.strata.community
Laura Bos General Manager
We’d like to terminate our body corporate manager, however, there are issues with the vote count from the AGM. How do we resolve this?
At our AGM, a motion was submitted to terminate the services of our body corporate management company.
The outcome was two YES, two NO and one abstain. After the AGM, four of the five unit holders wish to terminate the management company’s services. Are we able to do this considering the vote at the AGM?
The issues with the current body corporate manager are due to:
• a misrepresentation of vote counts leading to multiple amendments
• a charge of $100 to issue a copy of our insurance policy to a lot owner generally, and unanswered emails.
How do we resolve this?
Hold a new meeting to confirm the position of the owners and proceed with the termination.
Votes can’t be changed after the fact. The best thing to do may be to hold a new meeting to confirm the position of the owners and proceed with the termination.
You don’t need to involve your current manager in the meeting. The secretary can issue the meeting notice and provide the minutes. The chair can run the meeting. The meeting itself can be very straightforward – just a motion to confirm the previous minutes – which you can vote no to if they are in dispute – and a motion to terminate the contract of the current body corporate manager.
If you are looking to appoint a new company, they would probably help you organise and run the meeting and provide you with a further motion for their appointment.
you an email. If you are planning to appoint new managers, read through the small print of the contract and ask questions about this kind of fee. Many owners only look at the headline fees of the base costs and choose the cheapest company on that basis. They end up paying a lot more when all the additionals are considered.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
SOFTWARE
Mimor
Connecting People – Creating Communities
P: 0414 228 644
W: https://www.mimor.com.au/
E: info@mimor.com.au
Stratabox
Building Confidence
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E: contact@stratabox.com.au
ResVu
Customer Service Software for Strata
P: 0874778991
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E: enquiries@resvu.com.au
StrataMax
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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
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E: team@thestratavault.com
Urbanise
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E: marketing@urbanise.com
Professional TV Antenna Service For You Today
P: 1300 800 123
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E: info@installmyantenna.com.au
LookUpStrata
Australia’s Strata Title Information Site
W: https://www.lookupstrata.com.au/
E: administration@lookupstrata.com.au
Your Strata Property
Demystifying the legal complexities of apartment living
W: https://www.yourstrataproperty.com.au/
E: amanda@yourstrataproperty.com.au
Strata Community Association
P: 02 9492 8200
W: https://www.strata.community/
E: admin@strata.community
Owners Corporation Network
The Independent Voice of Strata Owners
W: https://ocn.org.au/
E: enquiries@ocn.org.au
Tinworth & Co
Chartered Accountant & Strata Auditors
P: 0499 025 069
W: https://www.tinworthaccountants.com.au/
E: caren.chen@tinworth.com
Matthew Faulkner Accountancy
Strata Auditing specialists
P: 0438 116 374
W: https://www.mattfaulkner.accountants/
E: matt@mattfaulkner.accountants
LUNA
Building and Facilities Manager
P: 1800 00 LUNA (5862)
W: https://www.luna.management/
E: info@luna.management
Elite Building Managers Australia
Education for Building Managers
P: 0420 520 976
W: https://www.elitebma.com/
E: matt@elitebma.com
RFM Facility Management Pty Ltd
Strata and Specialist Cleaners
P: 1300 402 524
W: https://www.rfmfacilitymanagement.com.au/
E: nathan@rfmfacilitymanagement.com.au
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
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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
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E: info@qiagroup.com.au
Quality Building Management
keeping your buildings legally compliant and safe
P: 1300 880 466
W: https://qbm.com.au/
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Solutions in Engineering
Quality Reports On Time, Every Time!
P: 1300 136 036
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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: sales@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
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
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
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
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
Strata Solve
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/
E: chris@stratasolve.com.au
Groundfloor™
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/
E: ask@groundfloordelivery.com
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
Actualised Industries
A breath of fresh air
P: 1300 728 760
W: https://www.actualisedindustries.com.au/
E: admin@actualisedindustries.com.au
Building Rectification Services
P: 07 5539 3588
W: https://www.buildingrectification.com.au/
E: admin@buildingrectification.com.au
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
Strata Guardian
Fight low returns and rising levies with us.
P: 1300 482 736
W: https://www.strataguardian.com/
E: contact@strataguardian.com
Network Pacific Strata Franchise
Join our successful team
P: 03 9999 5488
W: https://www.networkpacificstratamanagement.com.au/qld/
E: bodycorp@networkpacific.com.au
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 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
Fair Water Meters
Fair water - fair bills
P: 1300324701
W: https://fairwatermeters.com.au/
E: info@fairwatermeters.com.au
Lifestyle Clotheslines
Clothesline and washing line supplier & installer
P: 1300 798 779
W: https://www.lifestyleclotheslines.com.au/
E: admin@lifestyleclotheslines.com.au
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
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
W:https://austratafinance.com.au/
E: info@austratafinance.com.au
The Green Guys Group
Australia’s Leading Energy Saving Partner
W: https://greenguys.com.au/
E: sean@greenguys.com.au
Humenergy
People, Innovation and Value Sharing
P: 1300 322 622
W: https://www.humenergy.com.au/
E: Info@humenergy.com.au
Ki Creative Design
Purposeful Design Solutions
P: 0451 541 006
E: kiara.mcilroy@gmail.com
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/
E: sb@sharonbennie.com.au
Innovative Lift Consulting Pty Ltd
Australia’s Vertical Transportation Consultants
P: 0417 784 245
W: https://www.ilcpl.com.au/
E: bfulcher@ilcpl.com.au
The Lift Consultancy
Trusted Specialised Advice
P: 07 5509 0100
W: https://theliftc.com/
E: sidb@theliftc.com
