Do the recent legislative changes give your body corporate instant towing power?
Page 8 | Mahoneys
What can the committee do when it’s unsafe to enforce the smoking by-law?
Page 24 | Strata Solve
How can a body corporate support a wheelchair user during a lift outage?
Page 30 | Grace Lawyers
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a roof leak only damages
degree
corporate funds be used to paint areas that lot owners are responsible
Todd
the committee do when it’s unsafe to enforce the smoking by-law?
a lot owner refuses access for the fire door inspection, what are the legal and
Fire safety compliance: what are the
area
support a
opt out of replacing common property skylights during a roof upgrade?
Should a body corporate budget prepared for a GST-registered scheme in QLD show all income and expenses inclusive of GST to avoid confusion among owners?
We are a BFP registered for GST in Qld. When our body corporate manager prepares our budget, they include their administration fees, excluding GST, for both the budget and actual amounts spent. The also do this for the income, levies and other payments.
We find this confusing. Owners think they should be paying less levies, as the actual total amount spent does not reflect the full amount, inclusive of GST. Should amounts listed in the proposed budget and actuals be inclusive of GST? We receive questions from owners about the budget, and no one seems to understand it.
Generally, strata financials are presented as ex GST.
Generally, strata financials are presented as ex GST, but if you ask your management company to present them as inc GST, they should be able to make that adjustment for you. No standard of presentation is required.
Managers should also be able to answer most financial questions. As answers can be technical and require reference to documents, it is fair if they ask for these to be in writing rather than have to answer on the spot in a conversation.
So, if an owner has a question, they should put it clearly in writing, and the manager should be able to respond. If they can’t, then it is probably a sign that the matter requires further investigation.
That said, I can understand some of the confusion around GST. Even though it is something we deal with every day, errors around its application are fairly common. Even when there hasn’t been an error, owners are often confused by the documentation. This seems to be the case with your building.
If this is a regular problem, speak to your manager about changing the communication around the documentation so that it is clear for owners. If necessary, write a simple explanation to go out with notices or minutes so that people are clear on what to expect.
William
Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
If the body corporate has repeatedly warned residents about parking in visitor spaces, can we tow, and do we need a magistrate’s order to do so?
Four new owners in our complex each have a second car, and they regularly park in the visitor parking spaces. As a result, when our family or friends visit, there are no available parks. The body corporate has repeatedly advised these owners that parking in visitor spaces breaches our by-laws, but the issue continues.
What does the new BCCM legislation say about towing in this situation? Under what circumstances can we proceed with towing a vehicle from a visitor parking space? Do we need a magistrate’s order to legally tow the car?
The new legislation allows the body corporate to bypass the by-law enforcement process and exercise any rights to tow that may exist.
Previously, the position was that for any bylaw enforcement issues (such as lot owners or occupiers parking in visitor car parks), the only enforcement remedy was for the body corporate to carry out the prescribed by-law enforcement process, which was sending a contravention notice and then making a dispute resolution application.
The new legislation allows the body corporate to bypass those steps and exercise any rights to tow that may exist.
Importantly, this still requires compliance with any towing laws (such as having an appropriate agreement in place with a towing contractor).
If the body corporate does not take action to tow, a lot owner or occupier can still raise a complaint with by-law breaches by issuing a form 1 on the body corporate.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
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When a roof leak only damages one unit, is the body corporate responsible for repairs and insurance excess?
An owner suffered water damage from roof leaks caused by common property issues, but the body corporate refuses to pay for repairs or the insurance excess. Is this allocation of responsibility correct?
I live in a top-floor unit and recently experienced water damage from a weather event, with water entering through the roof. I’m the only unit affected, but the body corporate refuses to cover the repair costs.
They claim that as my unit was the only one damaged, I’m responsible for the repairs and must pay the $5,000 insurance excess if I lodge a claim. I suggested the body corporate submit the claim, but they say it’s my responsibility. They also state that the roof had been inspected before the event, so any resulting damage is not their fault. However, the inspection did not include the internal roof cavity.
I believe the damage resulted from a lack of sarking and an overflowed roof valley, which are both common property issues. I’m feeling frustrated and ignored. Do I have to cover all costs simply because my unit was the only one affected?
It’s often best to focus on presenting your case clearly and respectfully to the committee, with supporting details.
Responsibility for repairing roof-related damage in a strata property depends on the type of plan your building is registered under. If your property is subject to a Building Format Plan (common in apartment-style buildings), the roof is typically considered common property. In this instance, the body corporate is usually responsible for the roof’s maintenance. If it’s a Standard Format Plan (common in townhouse-style developments), the lot owner is generally responsible for their roof.
It’s worth confirming which format your building falls under by checking the registered plan or speaking to your body corporate manager.
In terms of the insurance excess, Queensland legislation allows the body corporate to determine how an excess is applied. Section 204(4) of the Standard Module (and similar provisions in the Accommodation and Commercial Modules) says that if an event affects one or more lots and common property, the default position is that the body corporate pays the excess, unless it decides it’s reasonable for the owner of the affected lot to pay, or for the cost to be shared.
So, while the committee may point to only one lot being affected, if the event originated from a common property element like the roof, there may be grounds to ask the committee to reconsider its position. The owner can submit a written request asking the committee to assess the matter based on the legislation and what is reasonable in the circumstances.
If the claim falls below the excess amount, insurance may not apply, and any legislative provision regarding excess is not applicable. It becomes a matter of legal responsibility for the damage—a separate but equally important discussion.
In these types of disputes, it’s often best to focus on presenting your case clearly and respectfully to the committee, with supporting details like where the water ingress occurred, what parts of the building were involved, and references to the legislation that supports your position.
If the matter remains unresolved, you can also contact the Office of the Commissioner for Body Corporate and
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Should committee members be encouraged to think independently? Some of our committee members express themselves with confidence and are very definite in their positions, which influences community decision-making. Is this okay?
Never be afraid of the power of silence and contemplation in strata.
That’s what a community is. You can’t complain that some people are expressing their opinions and others aren’t. You’re supposed to express an opinion and make a decision. It’s the nature of group dynamics that some people are more dominant than others.
Some committee members might have the loudest voice and present their opinions forcefully. All committee members must bear in mind that they all have an equal vote and should vote in the best interest of the body corporate.
has the numbers, the person who manages those relationships? Often, this is the person who speaks less and has the quietest voice. Never be afraid of the power of silence and contemplation in strata.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
Chris Irons | Strata Solve chris@stratasolve.com.au
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The requirement in NSW for body corporate committee volunteers to undergo compulsory education in strata law is a fresh take on the old saying that the road to hell is paved with good intentions
While there is no plan for Queensland to follow NSW in forcing committee members into the strata schoolroom, that won’t stop some from looking south and pondering whether we should follow suit
For many years, bodies corporate have been seen as the fourth tier of government, after federal, state and local
A strata committee has considerable power in the running of a community, with the ability to enact and enforce by-laws that have a large impact on the lives of people in those communities.
So, given the complexity of the law, surely this is an argument that all committee members should have a base-level understanding of strata, and compulsory education would be a good thing
Like our politicians, wouldn’t it be nice if the people with their hands on the levers of government had some knowledge of how to drive the machine?
This is where good intentions can come a cropper
A body corporate depends entirely on volunteers –and volunteerism is on the wane
People’s lives are busy and complex Getting them to volunteer their time to serve on a body corporate committee is difficult enough without the added requirement that they undergo compulsory training as well Who has time for that?
This additional burden could have the perverse outcome of reducing the effectiveness of committees by making them even less attractive to serve on than they already are.
It may be better to accept the lesser of two evils: to have some under-educated but engaged people on a committee than to have no people at all
The Office of the Commissioner for Body Corporate and Community Management is unique to Queensland – no other jurisdiction has a similar body to oversee strata law
The Commissioner’s website contains an Aladdin’s Cave of free resources for strata committees on the smooth and efficient running of a body corporate.
In the interests of both encouraging people to volunteer (don’t add barriers) and in better educating those who do volunteer (here’s an array of free resources to help you), maybe the best way forward for Queensland is to keep the current system in place
There is a principle known as Chesterton’s fence: never remove a structure before understanding why it was put there in the first place
This applies nicely in the case of mandated education for committee volunteers
It will be fascinating to watch how this plays out in NSW Already some interesting debate is occurring, led by Francesco Andreone in his online strata commentary
Enthusiastic volunteers with access to a wealth of resources to inform their decisions seems a more logical path to tread than introducing yet another barrier to people joining a committee
To misquote Pink Floyd from their legendary The Wall album: We don’t need no (mandated and disincentivising) education…
Robert Lalor, Director Redchip Lawyers & Hynes Legal
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Who’s accountable when an EGM may not be required and costs aren’t disclosed?
What responsibilities does the body corporate have if it paid for an EGM that may not have been necessary, and the strata manager charged undisclosed fees that were later approved without question by the committee?
In our over 55’s complex, approval was required for a roof to replace an existing approved roof on lot property. The new roof was to be paid by the owner at no cost to the sinking fund. It was unlikely that an EGM would be held for months, so the body corporate volunteered to cover the EGM costs to initiate the approval process. The strata manager provided no paperwork for arranging the meeting, nor was there a schedule of fees. The chairman verbally estimated costs of $500, which was approved and paid.
The strata manager advised they needed to make phone calls to get a quorum. There was no transparency or disclosure about the costs the strata manager would charge for this service. We received a bill from the strata manager for additional costs, totalling $484, at $276 per hour.
The committee rubber-stamped the costs without raising questions about the undisclosed charges. The Commissioner’s office advised that it is questionable whether the owner was required to get EGM approval. What rights and responsibilities does the body corporate have?
The rights and responsibilities of the body corporate are largely provided for in the contract between the strata manager and the body corporate.
When it comes to what a strata manager does and what fees they charge, the rights and responsibilities of the body corporate are largely provided for in the contract between the strata manager and the body corporate.
Remember: a strata manager is a contractor. They perform the services provided in that contract. There is often, in our experience, a misconception about what a strata manager does or should do. If the strata manager’s contract provides for reimbursement for the administrative services involved in calling a meeting, then that’s what they are entitled to charge. You’ve discussed ‘transparency,’ and that should be reflected in the contract terms. That contract is available to you and other owners to peruse. You’ve also talked about ‘disclosure’. There are several disclosure requirements on the part of the manager, and you can read about those here: Disclosing commissions, payments or other benefits
If you’re suggesting that the strata manager gave incorrect advice about calling a meeting, then that’s a slightly different story. On the one hand, you’d hope the manager would know what kind of meeting is needed for a given situation, and if they got it wrong, perhaps they shouldn’t charge for calling the meeting as a result. On the other hand, the committee remains the decision-maker, not the strata manager. It might be a ‘they said/you said’ situation.
So where does this leave you and your query? It seems to us the situation is a ‘dropping the ball’ from maybe more than one party. That’s not ideal, although it’s not a hanging offence either. It’s different if this situation is part of a recurring, systemic series of unfortunate events, and the committee may need some support and education – and there are a few ways that can happen. Alternatively, there may need to be a conversation with the strata manager about communication and services.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
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As an independent strata consultant, Chris provides services based of his experience as an accredited mediator and which are all about empowering owners, committees, managers, caretakers, tenants, not-for-profits and others, to protect their strata interests. Chris uses tailored solutions to help his clients: one size definitely does not fit all in strata. Book a f free, initial consultation now to find out how we can work with you to resolve your strata issue.
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How do we decide what’s required when caretaker agreements are vague?
What happens when a caretaker agreement includes vague wording like “or as required” and the caretaker and body corporate can’t agree on a definition?
We are in year 2 of a poorly executed 10-year Caretaker Agreement that was originally made between the scheme’s developer and the caretaker. The developer held power of attorney over the body corporate for the first 12 months.
The agreement includes a Schedule of Caretaking Services, which contains vague wording such as “Monthly Service (or as required).” The issue we’re facing is the interpretation of “or as required.”
The caretaker claims this means the service should be delivered at most once a month — only when necessary — and that their interpretation is “industry standard.” However, they cannot provide any written evidence to support this.
The body corporate believes the phrase means the service should occur at least monthly — and more often if required — as the standard minimum frequency.
There is no definition of “or as required” in the agreement, and we are now at a stalemate. Can anyone clarify which interpretation is more accurate or accepted in practice?
into play.
We would need to review the whole contract to properly advise on this issue, because contracts do need to be read as a whole. However, we agree it can be difficult when different interpretations come into play.
In the absence of defined terms in an agreement, decision makers will often come back to the ordinary meaning of words or phrases. You’re possibly both a bit right and a bit wrong here. To us, “or as required” gives flexibility. The duty may need to be performed once a month, but it may require more or less frequent attention.
It depends on what the duty is and what the need is – really, there’s no need to do something that doesn’t need to be done. Let’s say, for example, pruning of trees was a duty to be performed “monthly (or as required)” – there is no utility in pruning a tree when it doesn’t need it just because you are required to prune it monthly. It could do more harm than good. However, in a different season, growth may be more rapid, and pruning may be required more frequently than once a month. Different trees might have different needs.
Ultimately, it is up to the caretaker to perform the duties required by the agreement; it’s not for the body corporate to dictate how. However, if the body corporate isn’t satisfied that those duties are being performed as required by the agreement, there are steps it can take.
As to the standard to be followed, the thing to remember is that it all comes back to what the terms of the agreement are.
If the stalemate can’t be overcome, and it’s affecting the common property, legal advice might be the next step.
Jodie Graham | Redchip Lawyers & Hynes Legal jodie.graham@hyneslegal.com.au
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Can a body corporate cancel an EGM without warning, and what can owners do about it?
Can a body corporate committee cancel an EGM without explanation at short notice, and if so, are there consequences or options for owners when no update or rescheduling occurs?
Our body corporate committee cancelled the EGM thirty minutes before it was scheduled to commence. The committee gave no reason for the cancellation. The strata manager advised that an update would be issued “shortly”.
Over four days have passed since the cancellation, and despite numerous requests for an explanation, no information has been offered.
• Can the body corporate committee cancel an EGM?
• If the EGM is cancelled with short notice and no reason is given, or if it is rescheduled promptly, do penalties apply?
• What recourse do owners have?
The committee generally has the right to cancel a meeting.
Yes, the committee generally has the right to cancel a meeting, as they are usually the ones who call it.
There is no direct penalty for this. Presumably, there are financial considerations for the cost of preparing and cancelling the meeting, as well as reputational and relationship costs associated with how owners perceive the committee. There may be other costs depending on the meeting’s content and the absence of a decision.
What recourse do you have? It may depend on the meeting’s content, the reason for cancellation, whether it will be rescheduled, and the costs associated with the delay. There may have been a valid reason for cancelling the meeting, and it will be re-held; alternatively, it may have become redundant, and that will be that. Otherwise, consider calling the meeting yourselves if you have a sufficient number of owners. Alternatively, you could take the matter to the commissioner’s office or consider replacing the committee.
If it were me, I would write to the committee and ask for a clear explanation within a fixed time limit – 7 days? – to find out why they cancelled the meeting and see what they say. The response will inform your next steps.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
Can a body corporate use body corporate funds to paint areas that lot owners are responsible for?
In Queensland, can a body corporate use body corporate funds to paint the walls and soffits of balconies, patios, or courtyards that form part of a lot or exclusive use areas, which the owner is required to maintain in good condition under the exclusive use bylaw? If not, is the body corporate allowed to include the cost of this private painting in the lot owner’s annual levies, for example, through the sinking fund?
In any circumstance, the body corporate shouldn’t pay for lot owner’s maintenance obligations.
The body corporate can use body corporate funds to paint items that lot owners are responsible for, but only under two particular circumstances. Both of those circumstances involve recovering those costs from the lot owner.
The first example is when you’ve got a big painting project. The body corporate wants to ensure that everything within the building is painted, including items that fall under the body corporate’s responsibility and those that fall under the lot owner’s responsibility.
What should happen? A service agreement is entered into between the body corporate and each lot owner, whereby the body corporate is engaged to procure the works on their behalf. There are several reasons why that makes sense. Getting one contractor to do the whole building
in one go is going to be a lot cheaper than every lot owner engaging a painter. Works will be at different standards, and this will not happen simultaneously. It’s a good idea for those practical reasons.
When you do that, the legislation says that the body corporate must recover the costs from the lot owner that relates to the work carried out on the lot. Ultimately, it shouldn’t be funded by the body corporate. The lot owner should fund it.
In terms of budgeting for this, the body corporate will initially pay the funds but will recover that from the lot owner. It wouldn’t make sense to budget for it as part of the levies and then recover it from the lot owners. You’d have to make an adjustment. There should probably be a separate line item on the income statement that says owner recoveries for painting works, and then it will have an equivalent outflow of the expenses for those elements of the contract paid for the lot owner work.
The second circumstance is when the lot owner refuses to carry out the painting works, and the body corporate does it on the owner’s behalf, then they recover the cost and sue the owner for that work.
In any circumstance, the body corporate shouldn’t pay for lot owner’s maintenance obligations. The principle also applies to a standard format plan with front yards that are part of the lot. Those costs must be recovered from the lot owners.
There is a recent decision that discusses this principle, which I like to refer to in Waves [2024] QBCCMCmr 269.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
What can a committee do to progress a smoking by-law complaint if no members feel safe attending conciliation due to the tenant’s aggressive behaviour?
The residents and committee are having difficulty enforcing a by-law regarding smoking with a tenant. The committee has issued escalating communications regarding repeated breaches, and the next step is to apply to the Magistrates Court. The magistrate will likely require both parties to attend a conciliation process before hearing the case in court.
The tenant is aggressive and unpredictable. No committee members are willing to represent the committee in a conciliation process. The committee members are all residents of the scheme and neighbours of the tenant. It is impossible to be anonymous, and safety is a concern. What can the committee do to progress this complaint regarding continued breaches of the by-law?
If volunteer committees are feeling unsafe, the property manager and landlord have got to step up and take action.
You say this is going to the Magistrates Court. It is important to clarify if you mean it is going to the Commissioner’s Office. While it is possible to go directly to the Magistrates Court, that happens in very few instances, with most bylaw cases going to the Commissioner’s Office in the first instance.
It is at the Commissioner’s Office where conciliation will very likely be required as the first step. As you correctly point out, it is not possible to be anonymous in such a process. There are provisions under Queensland strata legislation that may allow the conciliation process to be avoided in circumstances where there is a threat of violence among the parties. I cannot comment on whether this situation qualifies, nor could I comment on whether the Commissioner or her delegates would approve such a request – it is something you would have to investigate with that Office and articulate your concerns with them.
Obviously, the situation regarding the tenant (aka, occupier) is a sensitive one for you, and I’m sympathetic to your situation. That said, I think your first step is to ensure that the committee has the resolve and resilience to see this through, as there is no point in initiating it otherwise. It is an unfortunate reality of strata that in seeking to carry out your obligations as a committee, you may find yourself on the receiving end of negative reactions. Is that fair? No, of course not. Although, it is the system we have for the time being.
Depending on the nature of the occupier’s behaviour (and I do not want to make assumptions about it at this stage), there may be some scope for you to involve their property manager, the landlord, or perhaps even family members or a guardian, if applicable or appropriate. That might give you a buffer and some more options. Frankly, I think that if volunteer committees are feeling unsafe, the property manager and landlord have to step up and take action as well.
If any of the occupier’s conduct warrants it, you need to raise concerns with the Police: not everything that happens in strata is a strata issue to deal with.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
If
a lot owner refuses access for the fire door inspection, what are the legal and insurance implications?
If a lot owner fails to complete a required fire door inspection, how does this affect the building’s compliance and insurance, and who is responsible if a claim is denied — the body corporate or the owner?
A notice was sent to all owners and residents one month in advance for a scheduled fire door inspection. One lot was non-compliant because the technician was unable to access the unit after multiple attempts on the allocated day and time. The body corporate has since contacted the owner to reschedule the inspection—at their own cost, as stated in the original notice—but the owner has not followed through.
If the inspection isn’t completed, how does this impact the building’s overall compliance and insurance coverage? In the event of a fire, who would be responsible for rectification and costs if an insurance claim is denied due to the non-compliant lot — the body corporate or the individual lot owner?
The body corporate should document all attempts made to access the unit and seek legal advice or a dispute resolution pathway under the Act.
In this situation, the primary responsibility to maintain compliance rests with both the body corporate and the individual lot owner, depending on the specific legislative requirements and what the door services. Is the fire door in question part of the common property (e.g. entry doors to units in many apartment buildings)? If so, the body corporate typically holds ultimate responsibility for ensuring inspections and maintenance are completed in accordance with the Building Fire
Safety Regulation 2008 and relevant Australian Standards (AS 1851-2012). However, if the owner denies access and fails to reschedule after reasonable efforts have been made, this can complicate matters.
From a compliance perspective:
• The incomplete inspection technically leaves the site non-compliant, as all fire doors are required to be inspected and maintained at the prescribed intervals.
• Continued failure to inspect may be seen as a breach of the body corporate’s statutory obligations, even though the owner has contributed to the situation.
From an insurance perspective:
• If a claim arises directly related to the noninspected or non-compliant door, the insurer may investigate whether reasonable steps were taken by the body corporate to maintain compliance.
• Insurers could potentially deny part or all of a claim if they determine that non-compliance contributed to the loss or increased the risk.
• Some insurers may cover the loss but reserve the right to recover costs from responsible parties (either the body corporate or the owner).
Responsibility for rectification and payment:
• If the door is common property, ultimately, the body corporate may need to engage legal options to compel access as part of its obligation to maintain compliance.
• The owner may be liable for costs incurred due to their refusal or failure to provide access as per the initial notice.
I would recommend the body corporate formally document all attempts made to access the unit and seek legal advice or a dispute resolution pathway under the Body Corporate and Community Management Act 1997 if the owner continues to be non-compliant. This protects both compliance obligations and potential insurance coverage.
Stefan Bauer | Fire Matters sbauer@firematters.com.au
Many body corporates try to manage fire safety compliance in-house often with the best intentions. But this DIY approach can quickly become a serious liability.
Fire safety compliance isn’t just a box-ticking exercise, it’s a legal responsibility. Failure to meet the requirements of the Building Fire Safety Regulation 2008 can lead to thousands in fines, voided insurance and even criminal charges for committee members.
So why do some body corporates still go it alone?
For many, it’s about saving money But what looks like a cost-saving measure can leave dangerous gaps especially if the body corporate is relying on maintenance contractors who aren’t licensed to certify compliance
If a retrospective investigation finds any aspect of your fire safety non-compliant, you risk voided insurance, hefty fines and even jail That’s why it’s crucial to get an independent third-party consultant to audit your building.
Others may assume routine servicing is enough or they simply don’t realise the full scope of their responsibilities... that’s where we come in.
As independent, qualified fire safety professionals, we provide third-party audits and certifications that not only identify potential issues but also protect you from legal risk.
We offer:
Expert understanding of fire regulations
Clear, actionable compliance advice
Documentation that stands up to scrutiny
Peace of mind for the committee, residents and insurers
We shift the burden of risk away from volunteers and ensure that safety isn't left to assumption or guesswork. Peace of mind isn’t expensive Non-compliance is Stefan Bauer Fire Matters
Fire Matters provides an unbiased fire compliance assessment that could save you thousands We also ensure your residents are fully trained in the event of a fire, giving you peace of mind when signing your occupier’s statement.
What are a body corporate’s test and tag obligations for common area electrical equipment?
What are the body corporate’s test and tag responsibilities for various common area electrical items, including gym equipment?
What are the body corporate’s responsibilities for test and tag of electrical items in common areas, including movable gym equipment (rowing machine, treadmill, bike), non-movable swimming pool equipment accessed only by tradespeople, movable free-standing decorative lamps in the foyer, and fixed appliances like fridges and microwaves in the common club room?
Is it correct to assume gym equipment requires annual testing, while other items only need testing every five years?
Under the Electrical Safety Regulation 2013, gym equipment requires testing and tagging every 12 months, while “office type” equipment should be tested every 5 years.
These types of services are regulated by the Electrical Safety Regulation 2013 under the Electrical Safety Act 2002 with references to Australian Standards 3760.
Gym equipment typically falls under “service work”, so testing and tagging requirements are every 12 months. Items such as lamps, microwaves, fridges, and computers, etc, are usually classified under “Office type” equipment, so at least once every 5 years. RCD Devices (Safety Switches) generally have different requirements, i.e, Residential –every two years, Commercial – every year.
Dean Potgieter | Seymour Consultants dean@seymourconsultants.com.au.
Consultants
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.
With a background of over 25 years experience in Quantity Surveying, Construction and Development, you can be sure to benefit from our experience for your reporting and project based needs.
Call us today on 07 5573 4011 Email us on: info@seymourconsultants.com.au Visit our website: www.seymourconsultants.com.au
Our main objective is to work in partnership with you as we share a joint interest in the success of each and every project.
• Fire Safety Auditing, Evacuation Planning & Training
• Pool Certification
• Facility Manager & Caretaker Recruitment
• Lot Entitlement Reporting
• Building Condition Reports
• Quantity Surveying
• Health & Safety
• Sinking Fund Forecasts
• Asbestos Auditing
• Insurance Valuations
• Caretaking Performance Reviews
• Caretaking Remuneration Reviews –Time & Motion Study
• Management Rights – Suitability Interview & Assessment
• Tax Depreciations
• Part Five Reporting
Based on suggestions from other complexes in a similar situation, how can a body corporate support a wheelchair user living on the fourth floor during a planned twomonth elevator outage?
Our complex is approximately 15yrs old. A disabled owner who relies on a wheelchair purchased a unit on the fourth level of the building approximately 4 years ago. The only access to this level is via one elevator or the fire stairs.
The elevator is due for refurbishment. It has been out of commission for over a week, and future repairs require it to be out of commission for approximately two months.
How can we assist the owner from the fourth floor to the ground level and return? Are you aware of another complex that has encountered this problem and found a suitable solution?
We recommend you meet first with an accessibility consultant or occupational therapist to discuss options.
While there may not be a one-size-fits-all solution, there are three practical ideas based on how other complexes and facilities have approached similar challenges.
First, you could install a temporary inclined stair lift on staircases for the duration of lift outages. These lifts can carry a wheelchair or a seated person along the stairwell rail. You’ll need to consider weight capacity, whether your stairwells are wide enough to accommodate a stair lift, installation time (some systems can be installed within a week), and compliance with safety and fire codes.
Second, some complexes have installed an external construction elevator or scissor lift, often used in renovation work. This solution can be expensive and likely requires Council
approvals, as well as ground-level and balcony/ stairwell access.
Third, you could consider temporary accommodation on a lower floor or nearby for the resident (with funding assistance from insurance or strata funds if applicable), or financial support or subsidised rental during the refurbishment period.
It is also recommended that the complex meet first with an accessibility consultant or occupational therapist to discuss the above and any other options tailored to your complex.
Brendan Pitman & Evelyn Hearn | Grace Lawyers brendan.pitman@gracelawyers.com.au
During a roof replacement, can owners choose not to reinstall their common property skylight? Is the body corporate liable to replace them later if a future owner complains?
We are owners in a 6-unit strata complex in FNQ. We need to replace our metal roof due to rust damage and have just held an EGM to obtain authority from the owners for a special levy to help cover the cost of the new roof.
All six units have skylights in the top-floor bathroom. Four owners do not want a new skylight installed, saving $750. Two owners would like the skylight replaced, with the additional $750 added to their special levy.
At the EGM, our strata manager advised that lawfully, owners cannot have the skylights removed without holding an EGM. All owners must agree, as the skylights are considered common property.
Also, the strata manager advised that if an owner chooses not to have the skylight replaced and they sell their unit, the new owner can complain that they don’t have a skylight and the body corporate is responsible for retrofitting a new skylight, as it was part of the original plan.
Is our strata manager correct?
The treatment of the costs and the level of approval required flows from where the skylights are located relative to the boundary between the lot/s and the common property.
Skylights tend to be a polarising issue; owners typically love them or hate them. As with any issue of this nature, the body corporate should seek legal advice.
The treatment of the costs and the level of approval required flows from where the skylights are located relative to the boundary between the lot/s and the common property.
The relevant upper boundary of a lot is the mid-point of the ceiling. Where skylights are of the ‘tube’ or tunnel type, with diffusers in the ceiling, the skylight itself, located on the rooftop, will typically be common property and owned by, as well as the maintenance responsibility of, the body corporate.
If the skylights are part of the ceiling, they will usually be part common property and part of the lot as they straddle the boundary. In this case, the skylights will be jointly owned by the body corporate and the lot owner, but the maintenance responsibility of the body corporate on the basis that they are a ‘roofing structure providing protection’.
Where the skylights are common property only, removing them is an ‘improvement to the common property by body corporate’, which would usually require only either a committee resolution or an ordinary resolution at a general meeting. Only a brave body corporate would remove skylights, in this case, without the consent of the affected lot owners. Lot owners who were dissatisfied with such a body corporate decision could, and likely would, go looking for factors that would invalidate the body corporate decision, for example and without limitation, based on compliance with development approval (building approval) conditions or bylaws.
Where the skylights are part common property and part of the lot, it is clear that installing larger skylights will take a resolution without dissent; see one of my cases, relating to enlarging penthouse windows overlooking the Coral Sea in Dansur v Body Corporate for Cairns Aquarius CTS 1439 & Anor [2022] QCATA 15. (Actually spelt ‘Danseur’).
It is less clear whether a resolution without dissent would be required to remove the skylights and replace them with roof sheeting.
It is a common misconception that the Dansur case is authority for the proposition that if you remove an existing part of the building and throw it away, you are ‘disposing’ of part of the common property. You need a resolution without dissent for that. That analysis is not correct. It is true that in Dansur, part of an external wall and the old window were ripped out and thrown away, but the relevant ‘disposal’ was not the act of throwing the building material away.
The ‘disposal’ was the creation of a new right, enjoyable only by the penthouse owner, to a larger view through a larger window, out to the Coral Sea. No other lot owner could enjoy that right, and any activity on the external surface of the building would have interfered with the right, and no doubt would have been challenged by the lot owner; after all, if the new, bigger window was (partly) painted over, what would be the point of having the larger window!
So, when a skylight is taken away and replaced with an ordinary roof, part of the lot owner’s property is being thrown away. A prudent body corporate would want the lot owner’s consent before proceeding (lest the body corporate invite prosecution for wilful damage and/or a civil claim in trespass!). As far as the approval to do the work, however, it’s hard to see why the replacement of the skylight would be anything more than an improvement to the common property (maximum level approval required being an ordinary resolution) with an additional bit of work to the lot (usually to be paid for by the lot owner).
Finally, I would recommend that this body corporate take advice, not only in relation to the level of approvals required, but also what appears to be ‘differential’ special levies. There are very few ways that just some owners can be levied for things instead of all lot owners. The ‘saving’ generated from not installing a new skylight is very unlikely to be a saving for the lot owner, as opposed to the body corporate. Likewise, the cost of new skylights to replace the old is very likely to be a body corporate cost and not a lot owner cost.
Michael Kleinschmidt and Evelyn Hearn | Bugden Allen michael.kleinschmidt@bagl.com.au
Tower Body Corporate
Your Best Decision
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
SSKB Strata Managers
A Positive Difference in Strata
P: 07 5504 2000
W: https://sskb.com.au/ E: sskb@sskb.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
Archers the Strata Professionals
Strata Made Simple
W: https://abcm.com.au/ E: info@abcm.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
Rawlinsons
Calculated Confidence
P: 08 9424 5800
W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au
Diamond Property Inspections
Property Inspections You Can Trust
P: 1300 368 000
W: https://diamondinspections.com.au/ E: orders@diamondinspections.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
BCRC
Construction Materials & Durability Consultants
P: 02 9131 8018
W: https://bcrc.com.au/ E: sydney@bcrc.com.au
Palmer Acoustics
Specialist Acoustic & Audio Visual Engineering
P: 61 7 3802 2155
W: https://palmeracoustics.com/
E: ross@palmeracoustics.com
HFM Asset Management Pty Ltd
Building Efficiency
P: 0407 734 260
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
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
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
Olive Tree Consulting Group
Solutions in Strata Compliance
P: 0400 161 659
W: https://olivetreeconsultinggroup.com.au/
E: admin@olivetreeconsultinggroup.com.au
Leo & Associates Consulting Engineers
Enhancing Structures, Empowering Futures
P: 0452 205 727
W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au
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
Your Cover Your Choice
P: 1300 201 021
W: https://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: https://www.crmbrokers.com.au/strata-insurance/ 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
Hynes Legal
Leading Lawyers. Living Strata. P: 07 3193 0500
W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.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
W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au
Moray & Agnew Lawyers
Legal strategies and solutions for our clients
P: 03 9600 0877
W: https://www.moray.com.au/ E: https://www.moray.com.au/
Grace Lawyers
Know. Act. Resolve. P: 1300 144 436
W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au
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
W: https://resvu.com.au/ E: enquiries@resvu.com.au
StrataMax
Streamlining strata
P: 1800 656 368
W: https://www.stratamax.com/ E: info@stratamax.com
MYBOS
Building Management for Residential & FM Schemes
P: 02 8378 1096
W: https://mybos.com/ E: sales@mybos.com
Urbanise
Automate your workload to increase efficiency. P:1300 832 852
W: https://www.urbanise.com/ E: marketing@urbanise.com
onsite.fm
Building Management Software
P: 02 7227 8550
W: https://onsite.fm/ E: hello@onsite.fm
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
W: https://astuteservice.com/ E: contact@astuteservice.com
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
ENM Solutions
Providing Solutions for Embedded Networks
P: 1300 000 366
W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au
Fire Matters
Fire Safety Compliance
P: 07 3071 9088
W: https://firematters.com.au/ E: sbauer@firematters.com.au
Sunshine Coast Fire Compliance
Your building fire safety ~ our expertise
P: 0448 196 402
W: https://www.scfc.net.au/ E: michelle@scfirecompliance.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
Rochele
Prompt & Professional
P: 1300 808 164
W: https://rochele.com.au/ E: jeremy@rochele.com.au
Lannock Strata Finance
Simplifying strata funding
P: 1300 851 585
W: https://lannock.com.au/ E: strata@lannock.com.au
StrataLoans
The Experts in Strata Finance
P: 1300 785 045
W: https://www.strata-loans.com/ E: info@strata-loans.com
Firstrata Finance
Real Choices. Real Support. P: 1800 59 59 00
W: https://firstratafinance.com.au/ E: enquiries@firstratafinance.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
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
sharonbennie – Property Recruitment
Matching top talent with incredible businesses
P: 0413 381 381
W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au
Specialising in Strata recruitment
P: 0448 319 770
W: https://www.essentialrecruitmentsolutions.com.au/
E: maddison@essentialrecruitmentsolutions.com
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
Trusted Specialised Advice
P: 07 5509 0100
W: https://theliftc.com/ E: sidb@theliftc.com
Australian parcel, mail, and refrigerated lockers
P: 03 9982 4462
W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com
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 Pty Ltd
Australia’s strata replacement window & door specialists
P: 02 8304 6400
W: https://windowline.com.au/ E: info@windowline.com.au
Clear Edge Frameless Glass
Energy Efficient Balconies for Elevated Living
W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.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
Adelaide StrataVal
Strata & Community Insurance Valuations
P: 08 71112956
W: https://www.strataval.com.au/ E: valuations@strataval.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
Ensure Group – Property Valuers
Insurance Valuation Experts
P: 03 9088 2032
W: https://www.ensuregroup.com.au/ E: valuations@ensuregroup.com.au
Sovereign Valuations
Valuation Experts for Strata Insurance & Disputes
P: 1300 710 000
W: https://www.sovereignvaluations.com.au/ E: p.ferrier@sovereignvaluations.com.au
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