APRIL 2026
What happens if a CMS is registered without the required approval?
Page 14 | Bugden Allen
What happens if a chairperson refuses to chair a committee meeting?
Page 18 | Strata Solve
Who pays if one lot’s activities increase strata insurance premiums?
Page 26 | Mathews Hunt Legal
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a closer look: The value of simplicity and certainty in strata funding Paul Morton and Gemma
Does your strata plan type affect what your body corporate insurance covers? Tyrone
Is the committee in breach if they confirm incorrect meeting minutes?
In large complex buildings, how are disputes between bodies corporate over shared easements resolved? Frank
in strata: Even volunteers need to keep it professional
What happens if a chairperson refuses to chair a committee meeting? Chris
maintains plants installed by the body corporate within lot
schemes
safety contracts: Is yours actually protecting your building — or just the contractor?
a private swimming pool covered by strata insurance in a duplex?
pays if one lot’s activities increase strata insurance premiums?
How can an owner access body corporate financial records and challenge shared cost allocations in a small self managed scheme?
I’ve been an owner in a small self managed Queensland scheme of four lots for two years. I have found issues with governance and record keeping. The treasurer, who is the longest serving owner, holds the historical financial records and does not live on site. I have been unable to access the records, and the treasurer refuses to investigate my concerns.
Two neighbouring complexes were created from an original six lot subdivision in 1986 and have shared some costs on a 60/40 basis since then. Recently, after changes involving the neighbouring complex, costs and payment demands have shifted towards a 50/50 split. We only share a driveway, a few lights, and a central water outlet. After a previous drainage repair, the 50/50 approach was applied, but my investigation suggests our scheme was actually 100% responsible.
How can I access the financial records and clarify what the correct cost sharing arrangements should be? Should the body corporate arrange an audit to identify when the allocation changed and how to establish ground rules?
You need to have a valid committee – not just one owner running everything.
Even for small schemes, owners are still bound by the legislative requirements of the Act and the module you operate under.
So, as a starting point, you need to have a valid committee – not just one owner running everything. You must hold meetings and
provide relevant documentation. Access to the documentation must be granted in accordance with the legislation. If that’s not happening, it is reasonable that you take action to protect your home and investment.
As this is a small complex, start by trying to talk and negotiate with the owner who holds the documentation. This might not be an easy conversation, but consider that they may be unsure what to do or fearful of change. They may be the default ‘records keeper’ because no one else would do it. Tell them that you are willing to help and want to improve the property for all owners. Advise that you all carry a legal responsibility to ensure the body corporate functions within the boundaries of the law.
If that doesn’t work, try speaking to other owners about the situation. Do you have a copy of the roll, or can you get one?
If you can’t get documents by asking for them, escalate by making official submissions. Submit a BCCM form 12 for access to records. Submit an owner’s motion to the committee or body corporate to force a vote: Submitting motions Start creating a record of any failure to comply with the legislation and then take the matter to conciliation if needs be: Disputes in a body corporate.
In taking actions like this, you are reframing the conversation so that any resolution can be formal in structure.
The other alternative would be to seek to appoint a professional managing agent to assist with the running of the scheme. You could submit a motion to do this at the next AGM, or maybe you can force a vote if you have 25 per cent of owners in agreement to the proposal, as one owner out of four, you may be able to do it by yourself: Calling an extraordinary general meeting.
Appointing a manager would be more expensive on an immediate basis, but you need to ask how much the current bad management is going to cost you in the long run.
William
Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
Every strata community must make decisions about how to fund capital works. How that moment is met matters - not just for the existing owners but for future owners as well.
The options have always been drawing on a capital works (sinking) fund, raising a special levy or the body corporate taking out a strata loan. Of the three, the benefits of a strata loan are clear, but not always well understood.
A correctly-structured, straight forward strata loan is typically:
• the lowest cost after tax for most owners,
• the fairest way to share the cost of capital works among current and future owners, and
• an excellent way to spread the cost over the life of the asset.
By Paul Morton, CEO, and Gemma Davey, Head of Business Development, Lannock Strata Finance
For the 60–70% of owners who are investors, the levy that repays a strata loan should be 100% tax deductible. Special levies and capital works fund contributions are not.
A strata lender will not ask for personal financial disclosure or guarantees. There is no impact on individual credit profiles or borrowing capacity.
Some strata loan products are incredibly complex. Greater complexity increases risks for owners. Before owners are asked to vote, the committee should have the loan structure reviewed by an independent strata lawyer or accountant with expertise in strata funding. The adviser should be able to identify the risks, the gaps and what the lender has not been upfront about. Pay particular attention to any loan structure that asks owners to commit capital upfront.
Ensure that your strata lender has the strength to support you and your community for the life of the loan. Strata loans can extend for up to 15 years – will your proposed lender last the distance or leave you stranded with no access to funds as happened recently?
Before any committee tables a loan structure, two conversations need to happen. One with the lender and one with a strata-experienced independent adviser:
Question
Do you pay commissions to strata managers or anyone else?
No - confirmed in writing and verified unambiguously in the loan contract.
The person introducing or recommending a lender should have no financial interest in the outcome. Any commission is a conflict of interest and breach of fiduciary duty.
The only exception is an accredited finance broker.
How long has your company been lending?
Are all fees disclosed upfront - not just the interest rate? And what is the impact of those fees on total costs when converted to an interest rate?
Will you attend our general meeting and answer owner questions directly?
Who is our dedicated contact for the life of the loan?
Years of operation.
Full written schedule: application, establishment, drawdown, administration, early repayment and importantly a comparison rate.
Yes - with state-specific support documentation.
A real person with the required expertise, not a concierge or call centre.
Lenders have entered this market, made some loans, and then left clients with little or no service or support.
The headline interest rate is never the whole story!
Owners need direct answers, not marketing material via a strata managing agent.
Committees change. The relationship with your lender lasts the entire term of the loan.
Does this structure comply with strata legislation in your state?
Yes - with relevant state-specific information.
Any grey areas on compliance with strata legislation in your state means greater risk.
If the product is non-compliant, for example relying on journalling levy credits or offsets, then the committee will have to oversee work to remedy the problems which ensue.
Does the loan structure create new risks for owners?
How are levy repayments and levy credits treated under tax law?
If the loan structure involves levy credits (e.g., “hybrid” or “participating” strata loans), does it have an Australian Tax Office (ATO) product ruling?
Does the product comply with the existing ATO product rulings and how are upfront contributors taxed under the ruling?
A clear explanation of all risks for the body corporate and individual owners. If the structure creates different classes of owners, those differences and their implications must be fully explained clearly.
How the structure qualifies for tax deductions for eligible owners, on what legislative basis, and with what certainty?
ATO Product ruling PR 2024/2 is the only product ruling currently issued for a loan structures where the owner ‘pays upfront’.
A specific answer, including tax treatment of any upfront remittances by lending owners.
If the strata loan is not straight forward, you need to understand the risks that complexity introduces.
60–70% of owners in most buildings are investors. Tax treatment of the levies is critical.
A product ruling is ATO confirmation of tax treatment and can be obtained quickly. Owners who rely on the claims of others are at risk of non-compliance and a desk audit.
ATO Product ruling PR 2024/2 states that upfront contributors under one structure will be taxed on their interest (even if a levy credit means that they never actually receive the cash).
Owners and advisers should read the ruling itself, not a lender’s summary.
If the answers to any of the questions above fall short, ask why your lender has not been upfront with you. Transparency, stability and long-term service aren’t extras - they’re the baseline.
Take a closer look: Get the advice. Ask the questions. Then decide.
For a full comparison of funding options and tax treatment watch the following webinars:
• The Principles of Corporate Finance and Tax
• Tax Traps for Strata Owners and Committees
This article provides general information only and does not constitute legal, financial, or tax advice.
For more information speak with our expert team:
1300 851 585 lannock.com.au
Does our Queensland module or plan type affect what our body corporate insurance covers?
Our Queensland body corporate of villas is a Building Format Plan (BUP), and this appears on our title. Does this regulation module or plan type affect what our strata insurance covers? For example, does a Building Format Plan have different insurance coverage compared with a Standard Format Plan (SFP)?
Does strata insurance cover all areas the body corporate is responsible for, and does the insurer need to know which regulation module applies to provide the correct cover?
Strata insurance is designed to insure the property that the body corporate is required to insure under the Act.
Broadly speaking, the regulation module applying to a body corporate (for example, the Standard Module, Accommodation Module or Commercial Module) does not materially change the insurance requirements. The insurance provisions are largely consistent across the different modules.
What has a significant impact on insurance is the type of survey plan the scheme is registered under.
• Building Format Plans (BFP) and Volume Format Plans (VFP):
The body corporate must insure the building, which includes the structures of the lots as well as common property. This typically extends to fixtures forming part of the building, such as internal walls, ceilings, kitchen cabinetry, bathrooms and similar built-in improvements.
• Standard Format Plans (SFP):
The body corporate must insure common property and also buildings where there are shared structures, such as buildings containing common property or buildings where lots share a common wall. In those circumstances, the body corporate’s insurance extends to the building (including the lots forming part of that building). However, if a building is standalone and located entirely within a lot with no shared structural elements, it is generally the responsibility of the lot owner to insure that building.
In relation to what the policy covers, strata insurance is designed to insure the property that the body corporate is required to insure under the Body Corporate and Community Management Act 1997. This may also include property located within individual lots and common property.
The regulation module itself generally does not affect the insurance required, and insurers don’t need to know the module type to offer a quote or cover.
If there is any uncertainty about the insurance requirements for your scheme, it can be helpful to seek advice from a strata insurance broker who can review the specific circumstances of the scheme.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Mention this offer when requesting a quote from us, and we will provide a discount off our standard fee for service of $250 (GST Inc) for buildings with 10-25 lots or $500 (GST Inc) for buildings with more than 25 lots for the first year you insure with Strata Insurance Solutions
To redeem this offer email a copy of your current policy schedule to Strata Insurance Solutions within 1 month of the publication of this magazine Your policy can expire any time in the next 12 months However we can only provide quotes 30 days prior to the expiry of your policyif your policy is not due now, we will schedule a quote at the appropriate time To ensure we apply this offer to our quotes, please specifically mention you would like to redeem the "LookUpStrata Special Offer"
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Is the committee in breach if they confirm incorrect meeting minutes?
If a committee confirms incomplete minutes, are they in breach of the legislation?
An owner submitted a motion to the committee before a committee meeting. The committee discussed part of the motion, but the minutes did not include the full motion as required by the Accommodation Module.
The minutes are not a full and accurate record of the meeting. If the committee votes to confirm that these minutes are a true and correct record, does that make the committee complicit in minutes that do not comply with the Regulation?
Consider how important it is to pursue a question of ‘full and accurate’.
The question of ‘full and accurate minutes’ comes up a lot. Like, really, a lot. We guess that’s because people can get very particular about what they are meant to have said or not said. Fair enough: as Cher says, words are like weapons, they wound sometimes.
While there’s a definition of ‘full and accurate’ in section 63(6) of the Accommodation Module (equivalent provisions of other Modules), it is still somewhat open to interpretation. So, if a lot owner believes the minutes are not accurate, they’d want to bring that up with the committee and request the requisite change (aka, a self-resolution). If that is not successful, there’s the dispute resolution process in the Commissioner’s Office. The adjudicator would need to make a determination about whether the minutes were accurate, and you’d need to make your case on why they were not. In other words, we – respectfully – think it’s a roll of the dice, because an adjudicator will also consider the detriment caused.
Which leads us to a question for you: what difference does it make in the grand scheme of things if the ‘complete motion’ isn’t included?
We don’t mean for that to sound facetious. It’s more about inviting you to consider how important it is to pursue a question of ‘full and accurate’, or whether there may be another strata hill for you to die on, so to speak.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
In large complex buildings, how are disputes between bodies corporate over shared easements resolved?
Is a dispute between two bodies corporate about the use of a shared easement dealt with through BCCM, QCAT, or another process?
I am the chairperson of one body corporate in a complex with five separate bodies corporate. We are in dispute with another body corporate over the use of a shared easement where bulk refuse bins are left for collection.
The body corporate is ignoring long established bin collection protocols and leaves bins out for a week or more after collection, instead of returning them to their building. They say this is for cost cutting, but it creates odour issues and affects residents’ quiet enjoyment. Is this type of dispute dealt with through the BCCM dispute resolution process, QCAT, or another forum or process?
You want
to keep it at the BCCM level.
Otherwise, you may need
a special resolution to initiate any enforcement proceeding.
This can be messy.
The argument could be a mix of what is acting reasonably, the rights under an easement, what the PBC by-laws provide and what the PBC might be doing with respect
to enforcement of them. I always am a bit wary of ‘it’s always been that way’ arguments. Just because something has been done for an extended period does not necessarily make it part of the contractual or legal obligations. It’s definitely one for legal advice, and you would want to keep it at the BCCM level, as otherwise, you may need a special resolution to initiate any type of enforcement proceeding.
Frank Higginson | Redchip Strata Law FrankH@redchip.com.au
One of the most frequent sources of owner confusion is understanding the difference between what falls under “common property ” versus “lot property.” Misunderstandings in this area can lead to disputes over who is responsible for maintenance or repair, particularly for shared elements such as balconies, windows, roofing, or external walls. Without clarity, minor issues can es calate into disagreements, d elays in necessary works, or frustration among owners and the committee. Clear, consistent communication about the responsibilities of the owners’ corporation / bodies corporate versus individual lot owners helps prevent these disputes, supports smoother day-to-day operations, and ensures maintenance is carried out appropriately and efficiently. Proactive education and documentation make it easier for owners to understand their obligations and for managers to maintain compliance
QIA Group provides clear, expert reports that strata managers can use to explain responsibilities and compliance requirements to owners, helping reduce confusion and prevent disputes. Our reports also give committees and managers a reliable, professional reference to support decision-making and ensure consistent communication with owners.
What can owners do if a CMS change was registered without the required motion without dissent?
Our committee presented a motion at an AGM to change the positions of three exclusive use car parks. The motion required a motion without dissent, and it failed.
At the following AGM, the committee presented another motion to change the positions of the same three exclusive use car parks, but this time as an ordinary motion to change the community management statement (CMS). The ordinary motion passed, and the new CMS was lodged and registered.
A motion without dissent to authorise the change has never been passed. What happens if a CMS is lodged and registered without the required authority?
Transposing exclusive use car parks is easy. Moving the location of exclusive use car parks is much harder.
Transposing exclusive use car parks is easy. Moving the location of exclusive use car parks is much harder.
Transposition of car parks occurs when, for example, lot owners (LO) decide they would like to “swap” car parks to better suit their respective needs. Under such an arrangement (called an “agreed allocation” under the Body Corporate and Community Management Act 1997 (Act)), the location of the exclusive use car parks does not change; rather it is the lot to which the exclusive use car park “attaches” which changes.
Where LOs agree to reallocate car parks, they must request that their body corporate (BC) record a new CMS to reflect the car park swap. Typically, this request is made after the relevant LOs have entered into a written reallocation arrangement.
Once the LOs notify the BC of the agreed allocation, the BC must record a new CMS to show all the (exclusive use) allocations currently in place (including the new allocation). The BC has only three months to do this after the agreed allocation between the relevant LOs takes effect. If the BC fails to record that new CMS, the agreed allocation ceases to have effect.
That said, an application can be made, typically by the relevant LOs, seeking an adjudicator to extend the time the BC has to record the new CMS reflecting the agreed allocation. That application may take place during or after the initial 3-month period. If an adjudicator makes such an order, the time limit is extended, and the agreed allocation is taken to have always been in effect, after it was first made.
There is some debate as to whether there must be a “swap” as opposed to, for example, one LO reallocating one of their two exclusive use car parks to another LO who has none. Putting aside considerations relating to the development approval for the scheme (which may well mandate how the car parks are distributed), it is most likely that what is required is:
1. each LO who wishes to participate in a reallocation must already have exclusive use of some type; and
2. at least one exclusive use area is reallocated from one LO to another.
This reasoning flows from the definition of “reallocation agreement” in the Act, which is the mechanism by which LOs make an agreed allocation. Particularly, the Act defines a “reallocation agreement” as “an agreement in writing under which two or more owners of lots for which allocations are in place under an exclusive use by-law agree to redistribute the allocations between the lots“.
The other option regarding this scenario is that the committee is purporting to “move” the exclusive use areas.
Technically, to “move” an exclusive use area, the existing grant of exclusive use has to be cancelled, and a new exclusive use grant must be made. That is assuming that the original owners’ (developers’) power to make authorised allocations of exclusive use areas has expired and the existing exclusive use by-laws do not contain a “self-determination” provision.
Both for the purposes of cancelling a grant of exclusive use and making a fresh grant, the LOs directly affected must either agree in writing to the cancellation and grant before the relevant votes take place, or they must vote personally on each of the motions. Each of the motions must pass by resolution without dissent.
Occasionally, adjudicators are called upon to examine what appears to be the “moving” of an exclusive use area, when what has actually occurred is that a more accurate sketch plan of the exclusive use area has been prepared and recorded with a new CMS.
Since the Act came into effect in 1997, there have been significant changes to the Registrar of Title’s requirements regarding sketch plans of exclusive use areas. In some cases, exclusive use areas appear to “move” because they were not accurately located when originally described in the earlier version of the sketch plan. As a result, under a new and compliant sketch
• Defect reports and forensic engineering
• Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
• Contrator procurement and cost validation
• Construction management
• Capital works funds / maintenance plans
• Digital capability
• Façade assessments
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Digital capability
Bullying in strata is an ever-increasing issue, following the focus that has been on bullying in the workplace for some time now.
Being a volunteer on a body corporate committee rarely brings much in the way of thanks, but it’s a vital role and if you’ve put your hand up to do the job it’s important take it on with a professional mindset
Strata: a home and a workplace
Employees have rights under the Fair Work Act with respect to protection from bullying and harassment, as part of minimising psychosocial hazards in the workplace
Under the Fair Work Act, the definition of bullying is wide-ranging – everything from yelling, screaming and use of offensive language to intimidation, nitpicking and overloading with work with insufficient time to complete – all aspects that, unfortunately, can occur in a strata scheme
It is very easy to level allegations of bullying but in strataland there are only two entities that might have the common property considered as their place of work: assuming they are companies, that’s the strata manager and the owner of the management rights.
While contractors aren't technically employees, they also have protections with respect to their workplace and therefore need to be treated with the same consideration and courtesy as would be extended to someone who is on the payroll
So in the context of strata in a building with management rights where the manager is a company, people involved with that company can
access the Fair Work Commission in relation to protection from bullying
From a purely legal perspective, if someone undertakes a case for bullying there is no award of damages or for legal costs; what they’re actually seeking is to stop the bullying.
Feedback or bullying?
It can be a fine line between supplying necessary feedback to a management rights holder about how they’re doing their job and tipping over into the grey area of workplace bullying
A recent QCAT decision provides some further clarity on what happens in a body corporate context This was a fairly typical case where the management rights holder believed they were doing the job, but the committee disagreed
A major takeaway from the case for us is: having conversations between a body corporate committee and a manager about performance of work does not constitute bullying
It is up to the manager to do the job they are contracted to complete, and it’s in their interest to be seen to be doing it
A body corporate is entitled to have words in a professional manner if the job is not being done However, no abuse or communications should occur that might be considered inappropriate in a work environment.
Reasonable management action, where each party is understanding the other’s position and raising concerns about performance, is appropriate
In short, legitimate feedback is not bullying
What this means for you
Committees have an obligation to act reasonably. Interestingly, owners do not So while serving on a committee, it's important to remember that you can't be as impassioned as you might be when you're an individual lot owner!
Serving on a committee might often appear underappreciated, but it is a vital component of a smoothly running strata scheme Anyone who chooses to stand up and take on that responsibility should strive to do the best they can and be celebrated for that contribution.
A body corporate committee should keep its eye on the prize, and this may involve some UN-level diplomacy to ensure all parties are working together to achieve the desired outcome.
It’s a fine line to navigate, and if there is doubt, specialist legal advice would be beneficial
Watch 3-minute video on bullying in strata CLICK HERE
Can committee members vote to have the body corporate manager chair a meeting if the chairperson will not chair?
If the chairperson does not want to chair a committee meeting, can a majority of committee members present vote to have the body corporate manager chair the meeting, or does the decision need unanimous agreement?
If the chairperson does not want to perform the role, they should step down so another committee member who is willing can take on the position.
Section 59 of the Standard Module (equivalent provisions of other Modules) provides for who may chair meetings. We’ve reproduced the section in full below:
1. The chairperson must chair all meetings of the committee at which the chairperson is present.
2. If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting.
3. In this section— present means present personally or by electronic means.
You’ll note here the reference is to ‘member’, and not ‘person’. A body corporate manager is a non-voting member of a committee, so
what you’re suggesting may be appropriate. In addition, there are legislative provisions relating to a body corporate manager performing functions of the committee and its members (for example, section 74 of the Standard Module). So you may want to check the terms of your agreement with your body corporate manager regarding this (as well as any fees that may apply).
To be honest, though, this isn’t really the issue: take note from the above that the wording says the chairperson ‘must’ – not ‘may’ – chair all meetings at which they are present. That’s distinct from the chairperson not actually being at the meeting: your query suggests the chairperson is present but doesn’t want to execute their role.
Perhaps the committee could explore with the chairperson the reasons for their reticence. If they’re not confident in the role or unsure about governance processes, excellent, free online training is available through the Commissioner’s Office. If they can’t be bothered, that’s very different.
At the risk of being blunt, the word ‘chairperson’ has a literal meaning of ‘one who chairs’ – so if your chairperson doesn’t want to do the job, they should step down from the role and allow someone else who does want to chair to do the job.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
of your strata asset,
the
for timeconsuming, expensive and stressful legal proceedings.
Director and Founder of Strata Solve Chris Irons (pictured with the late Ernest, Strata Solve mascot) has an unrivaled strata perspective. As Queensland’s former Commissioner for Body Corporate and Community Management, Chris has seen it all in strata Now under the Strata Solve banner, Chris emphasizes communication, mediation , strategic advice and straight - talking , relying on his experience as an accredited mediator to empower owners, committees, managers, caretakers and tenants and help them get the outcome they want
Book a free, initial consultation now to find out how we can work with you to resolve your strata issue. And BRAND NEW from Strata Solve, our ‘Strata-As-You-Go’ (SAYG) service: on-demand telephone advice from an expert to help you, when you need it. Visit https://strataasyougo.com.au/ to learn more.
email: chris@stratasolve.com.au web: http://stratasolve.com.au tratasolve.com.au
Who is responsible for maintaining or removing plants the body corporate planted inside lot boundaries?
Our body corporate planted shrubs and trees within the boundaries of some townhouses. Investors own most of the lots.
The owners have asked the body corporate to trim the plants back from the gutters or remove them entirely. The body corporate refuses, stating that the plants are within the lot boundaries and therefore the owner’s responsibility, even though the body corporate planted them. Who is responsible for trimming or removing the plants?
Owners are within their rights to insist that the committee either remove or trim back the plants that were installed without lot owner consent.
The body corporate does not have any ability to improve a lot.
The adjudicator in The Reserve [2015] QBCCMCmr 504 relevantly provided: Usually a body corporate has no authority to make an improvement to a lot…
Given my finding that water meters installed as proposed (or as already installed) are wholly located within the respective lot and are not common property, I must conclude that the committee had no authority to pass a resolution authorising the installations. The Body Corporate and its committee have no authority to unilaterally decide to make an improvement to a lot, and has no authority to spend Body Corporate funds on such an installation. Water meters installed within a lot could only be installed with the agreement of the lot owner.
Accordingly, owners are within their rights to insist that the committee either remove or trim back the plants that were installed without lot owner consent. In the interim, the committee may wish to obtain the consent of the lot owners where the plants were installed and reach an agreement as to future maintenance obligations to avoid the issue escalating.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
Can a body corporate lock fire escape doors to prevent access to all floors?
We live in a 15 storey apartment building. Our fire escape doors do not lock from the inside, so once someone enters the fire stairs, they can access all floors. Can the body corporate lock these doors from the inside to improve security? What requirements apply for fire egress and safety?
The National Construction Code does permit one-way locking systems.
Under the National Construction Code (NCC), fire escape and stairwell doors must allow occupants to enter the stairwell from each floor at all times to ensure safe egress during an emergency. As a result, these doors cannot be locked in a way that restricts access to the stairwell.
However, the NCC does permit one-way locking systems. These systems prevent access from the stairwell into residential floors, while still allowing occupants to enter the stairwell from each level. This approach improves building security without compromising life safety or code compliance. Additionally, stairwell re-entry is a legislated requirement under the NCC.
A re-entry from the stairwell must be provided every 4th floor, allowing occupants to exit the stairwell back into the building if required during an emergency.
Any changes to fire escape door hardware must comply with the NCC and be approved to ensure ongoing compliance with fire and life safety provisions.
Stefan Bauer | Fire Matters sbauer@firematters.com.au.
Is yours actually protecting your building — or just the contractor?
Many body corporates assume that once they appoint a fire contractor and sign a service agreement, their building’s fire safety compliance is taken care of Unfortunately, this assumption is often incorrect.
Across many strata buildings, fire service contracts are designed to define maintenance services not manage the Body Corporate’s legal compliance obligations. This creates a risk many committees don’t realise they are carrying.
Under Building Fire Safety Regulation 2008 (Qld), responsibility for fire safety remains with the building owner or occupier. In strata schemes, this usually means the body corporate Engaging a contractor to inspect and service equipment does not transfer that legal responsibility.
Compliance involves far more than routine equipment servicing. It also requires accurate records of maintenance and testing are retained.
Documentation is where many buildings fall short
The records service providers provide may not include all the reporting requirements of the body corporate. Detailed records such as installation registers, defect tracking and maintenance histories may be incomplete or missing altogether.
Without these records, a body corporate may struggle to demonstrate compliance if the Queensland Fire Department requests documentation or an insurance review occurs.
Older buildings are particularly vulnerable, as systems may have been modified over time and original records lost.
Committees should ensure their contracts support all their compliance obligations. Our affordable tender writing service can ensure your contracts have no compliance gaps
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How can we confirm whether our swimming pool forms part of our strata scheme or our lot for insurance purposes?
We own and live in one lot in a semi detached, single storey duplex strata scheme. Our property includes a swimming pool that was purchased with the lot.
Our insurer has updated its terms and will only insure strata properties where a privately owned pool is included within the strata. What documents should we check to verify whether our pool forms part of the strata scheme or is part of our individual lot?
If the swimming pool forms part of your lot and is considered a permanent structure associated with the building, it generally falls within the scope of the strata building insurance.
In a semi-detached duplex strata scheme where the two dwellings share a common wall, the building is generally required to be insured under a single strata building insurance policy arranged by the body corporate.
This requirement exists because insurers will not insure only part of a building that forms part of a connected structure. Where buildings share structural elements such as common walls, roofs, or foundations, the entire building must be insured together under the strata policy rather than each lot owner arranging separate building insurance.
In practice, this means the strata building insurance typically extends to cover all permanent structures forming part of the lot, including fixtures and improvements attached to the property. If the swimming pool forms part of your lot and is considered a permanent structure associated with the building, it falls within the scope of the strata building insurance.
Your insurer should be able to confirm whether the pool is recognised as part of the insured building. However, where a duplex has a shared wall, and the building is insured as a whole, insurers generally require the entire building and associated permanent structures (including pools) to be included in the strata policy.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Can a body corporate recover higher insurance costs from a lot owner if a commercial tenant, such as a massage parlour, increases the scheme’s premium?
We’ve had a significant increase in insurance premiums. The insurer advised our strata manager that the increase is partly due to one commercial lot now operating as a massage parlour. The business holds the required licences, but some committee members believe it increases the building’s risk
Can an insurer increase the scheme’s premium based on the type of business operating in a lot, and does the body corporate need to disclose this use to the insurer? If the premium has increased because the lot operates as a massage parlour, can the body corporate recover the additional insurance costs from the lot owner?
If an insurance premium increases due to the presence of a massage parlour, the body corporate can pass a resolution at a general meeting to add the amount of the increased premium to the lot owner’s ledger.
Insurers are tightening their stance on personal-services businesses, particularly massage parlours, due to concerns about regulatory compliance, increased liability exposure, and the potential for criminal activity targeting specific premises. Even when a massage parlour operates legally, its presence can influence how insurers assess the scheme’s overall risk profile.
Bodies corporate may face:
• higher premiums or restricted cover if insurers consider the scheme to have a higher-risk massage parlour tenant;
• greater scrutiny of claims, especially those involving fire, vandalism or malicious damage linked to the premises; or
• stricter disclosure obligations, where failing to inform the insurer that a lot is being used as a massage parlour may jeopardise cover.
If an insurance premium increases due to the presence of a massage parlour, the body corporate can pass a resolution at a general meeting to add the amount of the increased premium to the lot owner’s ledger.
Brooke Cunningham | Mathews Hunt Legal admin@mathewshuntlegal.com.au.
Real Choices. Real Support.
Hybrid Loans that give owners choice and committees control
Tower Body Corporate
Your Best Decision
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W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au
Bright & Duggan
Shaping Communities for a Brighter Tomorrow
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
Archers the Strata Professionals
Strata Made Simple
W: https://abcm.com.au/ E: info@abcm.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
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
Quantum United Management
Creating vibrant and connected communities
P: 61 38360 8800
W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au
Commercial Building Facade Solution
Precision Diagnostics-Innovative Solutions
P: 0488 223 359
W: https://www.cbfs.com.au/ E: mike@cbfs.com.au
Building Rectification Services
P: 07 5539 3588
W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au
Altec Building
Remedial Building & Waterproofing
P: 02 9744 2039
W: https://www.altecbuilding.com.au/ E: info@altecbuilding.com.au
Building Experts Australia Pty Ltd
Building Solutions
P: 0475 454 350
W: https://bexa.net.au/ E: bruceh@bexa.net.au
Lennox Facades
Inspired by Design, Driven by Results
P: 0404 624 990
W: https://www.lennoxfacades.com.au/ E: terry@lennoxfacades.com
Rawlinsons
Calculated Confidence
P: 08 9424 5800
W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au
Sedgwick
Building Consultancy Division & Repair Solutions
W: https://www.sedgwick.com/solutions/global/au
E: sales@au.sedgwick.com
QIA Group
Compliance Made Easy
P: 1300 309 201
W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au
GQS
Quantity Surveyors & Building Consultants
P: 1300 290 235
W: https://gqs.com.au/ E: info@gqs.com.au
Seymour Consultants
Body Corporate Report Specialists
W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au
National Remedial Services Pty Ltd
Real Solutions For Australia’s Building Defects
P: 0430 370 773
W: https://nationalremedial.com.au/ E: jlawton@nationalremedial.com.au
Palmer Acoustics
Specialist Acoustic & Audio Visual Engineering
P: 61 7 3802 2155
W: https://palmeracoustics.com/ E: ross@palmeracoustics.com
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
BIV Reports
Specialist in Strata Compliance Reports
P: 1300 107 280
W: https://www.biv.com.au/ E: biv@biv.com.au
Pircsa Pty Ltd
Professional Insurance Restoration and Consultancy
P: 0460 555 077
W: https://pircsa.com.au/ E: steve@pircsa.com.au
Solutions in Engineering
Quality Reports On Time, Every Time!
P: 1300 136 036
W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com
Mabi Services
Asbestos, Safety & Building Consultants
P: 1300 762 295
W: https://www.mabi.com.au/ E: cinfo@mabi.com.au
Leo & Associates Consulting Engineers
Enhancing Structures, Empowering Futures
P: 0452 205 727
W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au
FORENSIC ENGINEERS
Expert Subsidence Engineer Reports
P: 0403 434 092
W: https://www.forensic-engineers.com.au/ E: admin@forensic-engineers.com.au
Ostanes Engineering
We Engineer
P: 0411 631 777
W: https://ostanes-engineering.com/ E: info@ostanes-engineering.com
Strata Insurance Solutions
Advice You Can Trust
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
W: https://www.chu.com.au/ E: info_nsw@chu.com.au
Flex Insurance
Strata insurance made by you.
P: 1300 201 021
W: http://www.flexinsurance.com.au/ E: info@flexinsurance.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
Driscoll Strata Consulting
Knowledge | Experience | Service
P: 0402 342 034
W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au
Body Corporate Brokers
United, Protecting Communities
W: https://bcb.com.au/ E: sarah.johnson@bcb.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
CRM Brokers
The smart insurance choice
P: 1300 880 494
W: http://www.crmbrokers.com.au/LUS
E: crmstrata@crmbrokers.com.au
Strong Insurance
Fast & efficient strata insurance across Australia
P: 1800 934 099
W: https://www.stronginsurance.com.au/strata-quote
E: admin@stronginsurance.com.au
BAC Insurance Brokers
Specialists in Strata. Partners You Can Trust. P: 02 9360 2244
W: https://www.bacbrokers.com.au/ E: broking@bacbrokers.com.au
Redchip Strata Law
Previously Hynes Legal
P: 07 3193 0500
W: https://strata.redchip.com.au/ E: strata@redchip.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
Bugden Allen
Australia’s leading strata law experts
P: 02 9199 1055
W: https://www.bagl.com.au/ E: info@bagl.com.au
Mathews Hunt Legal
BODY CORPORATE LAWYERS... EXCLUSIVELY
P: 07 5555 8000
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Grace Lawyers
Know. Act. Resolve.
P: 1300 144 436
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MiMOR
Connecting People – Creating Communities
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
Town Square
Productivity and Communications Platform for SMs.
W: https://townsquare.au/ E: hello@townsquare.au
ResVu
Customer Service Software for Strata
P: 0874778991
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StrataMax
Streamlining strata
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W: https://www.stratamax.com/ E: info@stratamax.com
MYBOS
Building Management for Residential & FM Schemes
P: 02 8378 1096
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Urbanise
Automate your workload to increase efficiency. P:1300 832 852
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onsite.fm
Building Management Software
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eVotters
The online voting solution
P: 61 28011 4797
W: https://www.evotters.com/ E: support@evotters.com
Australia’s #1 Strata Title Information Site.
W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.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
Your Strata Property
Demystifying the legal complexities of apartments
W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.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.accountant
Astute Accounting Service
We Serve You Better
P: +61 2 8011 4797
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Energy On Pty Ltd
Providing utility network solutions
P: 1300 323 263
W: https://www.energyon.com.au/
E: EnergyServices@EnergyOn.com.au
ENM Solutions
Providing Solutions for Embedded Networks
P: 1300 000 366
W: https://www.enmsolutions.com.au/
E: info@ENMSolutions.com.au
Integrated Trade Services
Electrical and Air Conditioning Specialists
P: 0400 775 002
W: https://www.integratedtradeservices.com.au/
E: info@integratedtradeservices.com.au
Fire Matters
Fire Safety Compliance
P: 07 3071 9088
W: https://firematters.com.au/
E: sbauer@firematters.com.au
Reztor Restoration
24/7 Strata Water, Fire & Mould Restoration
P: 1800 739 867
W: www.reztor.com.au
E: admin@reztor.com.au
Where Teams Work. End Users Win.
P: 0424 953 890
W: https://www.vspaceparkers.com.au/
E: kirlos@vspaceparkers.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
W: https://www.higgins.com.au/
E: info@higgins.com.au
Lannock Strata Finance
Simplifying strata funding
P: 1300 851 585
W: https://lannock.com.au/ E: strata@lannock.com.au
Firstrata Finance
Real Choices. Real Support. P: 1800 59 59 00
W: https://firstratafinance.com.au/ E: enquiries@firstratafinance.com.au
StrataLoans
The Experts in Strata Finance
P: 1300 785 045
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Pacific Security Group
Experts in electronic security since 2005
P: 1300 859 141
W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au
Altogether Group
Power.Water.Data
P: 1300 803 803
W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au
Humenergy
People, Innovation and Value Sharing
P: 1300 322 622
W: https://www.humenergy.com.au/ E: Info@humenergy.com.au
Fair Water Meters
Fair water - fair bills
P: 1300324701
W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au
Strata Solve
Untangling strata problems
P: 0419 805 898
W: https://stratasolve.com.au/ E: chris@stratasolve.com.au
Tender Advisory
Tender Solutions: Consult. Procure. Support.
P: 0435 893 670
W: https://www.tenderadvisory.com.au/ E: info@tenderadvisory.com.au
Building and Facilities Manager
P: 1800 00 LUNA (5862)
W: https://www.luna.management/ E: info@luna.management
BME Group
Re-Defining the Standards of Building & Facilities
P: 02 8283 7531
W: https://bmegroupbuildingmanagement.com.au/ E: lachlan.hunt@bmegroup.com.au
Property Recruitment Partners
People solutions for the Strata Sector
P: (02) 8313 5591 or 0431445676
W: https://propertyrecruitmentpartners.com.au/ E: aaron@propertyrecruitmentpartners.com.au
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
ABN Lift Consultants
A team of friendly, open minded professionals
P: 0468 659 100
W: https://www.abnlift.com/ E: andrew@abnlift.com
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
Groundfloor™
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
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Arena Energy Consulting Pty Ltd
Independent Embedded Network Consulting Services
P: 1300 987 147
W: https://www.arenaenergyconsulting.com.au/ E: info@arenaenergyconsulting.com.au
Embedded Network Arena
Independent Embedded Network Consulting Services
P: 1300 987 147
W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au
Install My Antenna
Professional TV Antenna Service For You Today
P: 1300 800 123
W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au
Windowline [QLD] Pty Ltd
Australia’s strata replacement window & door specialists
P: 07 5520 3894
W: http://windowlineqld.com.au/ E: admin@windowlineqld.com.au
Total Entrance Solutions
The total solution for all entry requirements
P: 1300 781 851
W: https://www.totalentrancesolutions.com/ E: jason@totalentrancesolutions.com
Asset Strata Valuers
Leaders in Strata Property Valuations
P: 1800 679 787
W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au
Delphi Consultants & Valuers
Building Insurance Valuation Services
P: 07 3852 6012
W: https://www.delphiproperty.com.au/insurance-valuation E: info@delphiproperty.com.au
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