Can a body corporate force owners to install soundproofing when renovating flooring?
Page 6 | Mahoneys
Can owners take action if the body corporate ignores entry notice requirements?
Page 20 | Strata Solve
What laws apply to recording, publishing, or transcribing body corporate meetings?
Page 30 | Grace Lawyers
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Can a body corporate force owners to install soundproofing when renovating flooring?
Todd Garsden, Mahoneys
Is the strata insurance legislation around flood insurance still fit for purpose? Tyrone
How to choose the right contractor for concrete spalling remediation
Bruce
How can owners corporations prepare for repairs to areas they can’t inspect regularly?
do committees determine painting costs in mixed-use strata buildings?
How can owners and residents find the best electricity deal in a strata building?
How does the major spending limit apply to guttering works on multiple duplexes in the one scheme?
Can owners take action if the body corporate ignores entry notice requirements?
Chris Irons, Strata Solve
body corporate managers have a duty to advise on legal compliance? Todd
made an offer to buy my strata management business - what do I do?
oversees fire safety requirements for Queensland strata buildings?
safety systems in apartment buildings: Why assumptions can be dangerous
can an owner do if the committee fails to plan for ongoing maintenance? Chris Irons, Strata Solve
laws apply to recording, publishing, or transcribing body corporate meetings?
Brendan Pitman, Grace Lawyers
a body corporate amend its bylaws to limit pool access?
Big Shortage: Why finding a good manager is harder than ever
The QLD LookUpStrata Directory
Who is authorised to call an AGM
Does an AGM need to be called by the secretary? Is it valid if another committee member calls the meeting?
Does an AGM need to be called by the committee secretary? If called by someone other than the secretary, does there need to be a motion authorising that to happen?
If no one is filling the position of secretary, but a committee member calls the meeting as secretary, would the AGM be invalid and need to be called again after a secretary is appointed?
Whatever pathway you choose, make sure it is fair and transparent.
In the absence of a secretary, a majority instruction from the existing committee members should be sufficient direction for the body corporate.
Owners often tie themselves up in knots worrying about whether they are adhering exactly to the legislation. In Queensland, the legislation has a neat requirement (Section 94(2) of the Body Corporate and Community Management Act 1997) that a body corporate must act reasonably in performing its duties.
This clause gives some leeway for you to act in response to circumstances, even if your actions don’t completely conform to the legislation.
So, what would be reasonable here? We don’t know all the circumstances, but presumably the meeting is required – perhaps to appoint a new secretary. And, someone is going to have to call that meeting. So who should that be? A majority of the committee, perhaps led by the chair or another appointed person, would be the obvious first choice.
Perhaps there are other options, but whatever pathway you choose, make sure it is fair and transparent. Advise owners of your actions and act in the best interests of the body corporate. If you do that, you will likely find that most people are happy with the action taken.
And, if someone does decide to dispute the decision, so be it. That is their right, and all decisions can be subject to a challenge, but the challenger will need to show that you have acted unreasonably given the circumstances. And remember that all you are doing here is calling a meeting. Owners will still make the final decisions at the meeting, and that is what matters.
For further reading, Grace Lawyers has a nice article on considering the standards of reasonability: Navigating Decision-Making Whilst Acting Reasonably
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au
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Under a new CMS by-law, can a body corporate require owners to install under-tile soundproofing and pay for noise testing when renovating exclusive use balcony flooring?
In Brisbane, our body corporate has introduced a new CMS by-law that applies to renovations of balcony flooring. The by-law requires any lot owner who renovates their balcony to significantly upgrade the exclusive use common area by installing under-tile soundproofing, even though this was not part of the original building. In addition, the by-law requires the owner to arrange and pay for noise testing to prove the new flooring meets a specific sound transmission standard.
Can the body corporate legally impose these conditions on lot owners when they carry out balcony flooring renovations?
The committee must be reasonable, and lot owners need to avoid causing unreasonable interference with other lots.
No. In W4 [2017] QBCCMCmr 555, the adjudicator adopted the prior decisions of McLeod v Body Corporate for Stradbroke Tower and Villas [2015] QCATA 146 and 3 Parkland Boulevard [2014] QBCCMCmr 91 by relevantly providing:
“As in the 3 Parkland Boulevard case, it is likely to be unreasonable for the body corporate to require a higher measurement of noise isolation than currently existing where hard surfaces are already present. Owners are not expected to increase sound isolation, and that it is likely that other lots are in a similar position.”
However, the way the lot is used still needs to avoid causing an unreasonable interference with other lots. If noise (creating an unreasonable interference) is being created with the current floor, the lot owner would need to either:
1. change their behaviour and use of the lot to avoid the unreasonable interference; or
2. carry out the suggested improvements to avoid the unreasonable interference.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
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Is the strata insurance legislation around flood insurance still fit for purpose?
Is the strata insurance legislation that was introduced in the ’90s still fit for purpose?
Is the strata insurance legislation still fit for purpose? It was introduced in the late 90s, well before the various Brisbane floods and cyclones we had this year. We’ve seen the effects of severe weather impacts on the Northern Queensland insurance market. Is southeast Queensland on a pathway to replicating what’s happened in Northeast Queensland, where people have been forced to have cover that may not be particularly beneficial or result in good outcomes?
The commissioner is saying, “We’re allowing you to make a reasonable decision”.
I believe the commissioner is saying, “We’re allowing you to make a reasonable decision”. That’s what any person buying insurance does, whether you’re a business owner or a homeowner. You make a decision based on what you think is reasonable in the circumstances.
There are a lot of question marks and ambiguity around this particular topic, but if that’s what the legislation is saying, then it is still fit for purpose. There are potential liabilities. That’s really where there are grey areas that need to be clarified in this legislation, and there could be greater clarity in that.
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
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An engineer’s scope of work to replace waterproofing membranes includes amounts for insurance and document lodgement. At this stage of the process, how accurate are the amounts mentioned?
Our strata scheme has 33 units in two buildings. The waterproofing membrane on both roofs needs to be replaced. The roofs are a flat concrete structure, and the building was constructed in 1984.
The engineer’s scope of works quoted a $35,000 premium for the HBCF insurance certificate and $20,000 for the lodgement of documents.
How can I check these quotes are reasonable? How do we know the insurance quote is accurate, given we have not yet gone to tender and thus do not have quotes for the repair costs?
These amounts would likely be subject to change depending on the final project or contract cost.
Costs associated with HBCF and lodgement of documents are generally costs dependent on the extent of works and final value.
If an engineer has prepared a scope, it is unlikely these amounts are fixed quotes and are a guide or provisional allowances that would be subject to change depending on the final project or contract cost.
Check the scope of work qualifications or conditions. If they are unclear, ask the engineer how the costs were established.
Often, provisional allowances are included at the higher end to ensure sufficient funds are allowed. However, the final cost will always be determined once tendering occurs.
Therefore, realistically, checking these costs for accuracy can only occur once the project costs are established. Provisional sums for these items are industry standard, based on the uncertainty of final values.
Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
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can owners corporations prepare for repairs
to areas they can’t inspect regularly?
How should an owners corporations budget for inaccessible areas like the roof?
We self-manage our small strata scheme. I create spreadsheets that include administration fund expenses, 10-year plan budgets, and reserve fund for our use. We’ve recently had roofing problems. The unexpected repairs threw our budget out the window. The roof wasn’t on our radar. How do we budget for areas we can’t access ourselves? Should we organise annual or bi-annual inspections?
It’s tough to plan for things that you can’t see. Particularly when it comes to things like roofs, underground pipe work, etc. Nevertheless, any maintenance plan and any proposed funding needs to consider those items. It pays to get a roofer up there every few years to have a look around and see what we can’t see.
You can see the paint, you can see the windows, but you can’t see the roof. As part of our maintenance inspection, we conduct a rudimentary site-wide inspection to identify potential problems and suggest solutions for areas that may be overlooked. We will ask you about the maintenance history of items we can’t see - Small problems, such as minor leaks, can be an indicator of bigger roof issues down the track.
Advice from licensed contractors already working on site is important. If a contractor is attending the site, say fixing the gutter, pay them extra to have a look around the roof while they’re there and give you some advice. It’s really about taking notice. The building ages incrementally, so you think everything’s fine. Somebody else with fresh eyes may say, “Well, that’s not what it’s supposed to be doing right now”.
Marcus Munstermann and Craig Welsh | QIA Group info@qiagroup.com.au
The rise of smart technology is transforming the strata industry in 2025, offering new opportunities for improved building management, enhanced security, and energy efficiency. From smart lighting and temperature control to automated maintenance tracking and building access systems, the use of smart technology is becoming increasingly common in strata properties.
As strata properties increasingly adopt smarter building technologies, it’s essential to recognise the importance of maintain ing these systems and budgeting for their long -term capital replacement costs. Smart technologies, such as automated energy management, security systems, and climate controls, require ongoing maintenance to ensure they function effectively and continue to deliver cost-saving benefits. Additionally, these systems have a finite lifespan and may require significant capital investment for replacement or upgrades over time.
By proactively planning for future capital expenses, you can avoid unexpected financial burdens, ensuring the property remains in optimal condition. Our team of experts can provide a detailed Sinking Fund Forecast Plan report that ensures your strata property is financially prepared for future capital projects and ongoing maintenance.
When a mixed-use building with residential and commercial lots plans major external painting, how does the committee determine who pays for what?
I’m on the committee of a mixed-use building (residential and commercial). We’re considering a major external painting project, but the body corporate manager says it’s not automatically a shared cost.
Is the commercial lot a completely separate entity for painting costs, even though it’s the same building? How do we work out if the commercial lot needs to contribute, and what document governs this decision? Furthermore, how do we determine who is responsible for painting their part, and what can we do if they don’t want to contribute?
Specialist knowledge and experience are required to determine how these agreements impact the management and funding responsibilities of a strata scheme.
I assume from your question that the commercial lot is not part of the same body corporate as the residential lots.
Even though the residential and commercial lots are in the same building, major works such as external painting are not automatically jointly managed.
The residential and commercial components of the building are completely separate legal entities. The relationship between them is normally controlled by a Building Management Statement (BMS). You need to check this to determine if, and how much, the commercial lots are required to pay.
Unless a BMS says otherwise, the commercial and residential lots will each be privately responsible for arranging and funding the maintenance of the areas that are their property (as shown on the survey plan). This is true, even if another party potentially gains a benefit from that property.
For developments like the one you describe, it is common for the BMS to be silent about responsibility for external painting. If this is the case at your building, the residential and commercial lot owners are each independently responsible for painting their sections of the facade. In such circumstances, to have the full exterior painted, you will need to either negotiate with the commercial lot and convince them to paint their section of the building (at their direct expense), or potentially take legal action to force them to paint if the building has become dilapidated.
Even if the BMS makes the external painting (or other works you are planning) a “shared facility” expense, which is jointly controlled and funded, it will almost certainly require the commercial lot owner to vote to approve the works.
Developments controlled by a BMS comprise a substantial proportion of those for which we provide sinking fund forecasts and other services. In our experience, most lot owners and service providers do not understand the complexity of working with BMS systems.
It really does require specialist knowledge and experience to determine how these agreements impact the management and funding responsibilities of a strata scheme.
Kaylene Arkcoll | Leary & Partners enquiries@leary.com.au
I’m an owner occupier in a strata building. How can I determine if our building’s electricity provider offers the best deal? Taking the time to research your options could uncover substantial savings on your electricity bills.
It’s understandable that not everyone closely monitors electricity rates or investigates alternative providers. However, you can often find significant cost savings by switching. Many electricity comparison websites and resources are available to help residents compare rates and find the best deals. By taking the time to research your options, you could uncover substantial savings on your electricity bills.
Should residents accept the bulk electricity rate negotiated by the strata, or compare prices with other providers?
We are moving to a strata community where the strata has negotiated a bulk rate for electricity. Should we sign up with that provider, or is it worthwhile to compare prices with other electricity providers?
Bulk rates negotiated by the strata community are not always the most cost-effective option for individual residents.
While bulk rates negotiated by the strata community can offer benefits, they’re not always the most cost-effective option for individual residents. It’s worth investigating whether alternative providers offer better rates or additional benefits that could outweigh the advantages of the bulk rate. By exploring your options, you can ensure you’re getting the best possible deal for your electricity supply.
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How does the major spending limit apply to guttering works on multiple duplexes in the one scheme?
Does the major spending limit apply if gutter replacement works on multiple duplex buildings are staged over 6–12 months rather than approved as one project?
Our scheme has several ground-floor duplex buildings that share roofs and guttering. Some of the buildings now need new guttering. We want to carry out the work gradually over 6–12 months, prioritising which buildings need attention first, rather than replacing all guttering at once.
Do we need to obtain quotes for every building at the start and present them at an EGM, because the combined cost would exceed the major spending limit? Alternatively, can we treat each building separately, obtain quotes as needed, and approve them one at a time during committee meetings? We want to confirm whether the ‘project’ restriction applies in this situation.
It’s hard to suggest that replacing all of the guttering isn’t a single project.
I think it’s hard to suggest that replacing all of the guttering isn’t a single project, so practically, I would be thinking the way to do it would be to try to get quotes that cover all of the work over the staggered period and have one of those approved at the general meeting.
Alternatively, you could have the general meeting change the major spending limit for this particular project to a substantially higher amount to give the committee the flexibility to make decisions on a staggered basis as the priorities arose.
Frank Higginson | Redchip Lawyers frank.higginson@hyneslegal.com.au
What can an owner do if the body corporate repeatedly allows contractors to enter a lot without giving the required 7-day notice?
We own a property in a group titles plan under a community titles scheme. Contractors continue to enter our property without the body corporate providing the 7-day entry notification required by the Act. Despite reassurances from the body corporate manager, this conduct continues and is upsetting for us and our unit occupants.
There is nothing in the way of consequence or penalty if the power of entry is not properly exercised.
We’re sympathetic to your issue. No one likes the idea of having unauthorised and unknown people enter their lot, especially when there is, as you say, a very prescriptive process for how entry to a lot occurs under Qld strata legislation (for those interested, section 163 of the BCCM Act provides for that process).
The problem is that there is nothing in the way of consequence or penalty if the power of entry is not properly exercised. There is a financial penalty for anyone who obstructs entry – that’s it. There are no other sanctions elsewhere in the legislation, for example, no fines or changes to eligibility requirements for committee members that authorise entry when they shouldn’t. There would be no point in taking this matter to the Commissioner’s Office, as an adjudicator wouldn’t be able to do anything, given that the action is in the past and can’t be ‘undone’.
As for your manager, again, it’s tricky: they are not the decision-makers about the entry, and yet it seems from your query that they are inherently involved in what has occurred. If that manager is a member of the Strata Community Association (Qld), you can lodge a complaint with that body about their actions. We can’t guarantee any outcome, as this is a voluntary membership body.
So, where does that leave you? We’re prepared to accept the tiniest sliver of possibility that this is a series of unfortunate, genuine errors that have occurred with the best of intentions. And perhaps that is it for this occurring ever again. Assuming, though, that this is naïve or fanciful thinking on our part – and to be honest, the way you describe things makes us think that is the case – then our suggestions are:
• Change the composition of the committee – because it seems they cannot or will not do the right thing
• Get a new strata manager, one who will ensure the right thing has been done
• Seek legal advice – while we aren’t lawyers, maybe there are issues of trespass at play that you can pursue
There is room here also, we think, for legislative reform. If there is a penalty for obstructing entry to a lot, it seems logical that there should be a penalty against the committee (or perhaps the manager) for instances where that power is exercised incorrectly.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
Strata Solve helps untangle and resolve strata issues, and in the process protect the value of your strata asset, without the need for time-consuming, 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 and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, common-sense and effective communication are vital.
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.
chris@stratasolve.com.au
Do body corporate managers have a duty to advise on legal compliance?
Why don’t body corporate managers have a contractual duty to advise committees on legal compliance?
We noticed that caretaker agreements sometimes include a duty to advise the body corporate on compliance with relevant laws regarding maintenance of common property. However, we cannot find any similar obligation in the body corporate management contract to advise on legal compliance when handling body corporate matters.
If the committee gives instructions that conflict with the BCCM Act or other laws, and the body corporate manager does not warn the committee because it is not legally required, could this expose the body corporate to unnecessary legal risks? Why isn’t “advice or warning to the body corporate on legal compliance” a standard part of the body corporate manager’s service contract?
A good body corporate manager may be able to flag the issue with the committee and suggest a
No, giving such advice is not the role or responsibility of the body corporate manager. Body corporate managers are often the first people to have the finger pointed at them, usually improperly, when something goes wrong. Their obligations extend to completing the duties set out in the administration agreement (which usually are at the instruction of the committee) and complying with the code of conduct in doing so.
The example used in the question is a good example of this issue. Relevantly, the example provides that it is the committee giving instructions that conflict with the BCCMA.
Therefore, the committee should bear those risks and not the body corporate manager. However, in those circumstances, a good body corporate manager may be able to flag the issue with the committee and suggest a different path – but they would not be taking on responsibility for the committee’s improper decision.
Todd Garsden | Mahoneys tgarsden@mahoneys.com.au
make sure they comply with
ban
Who can Queensland bodies corporate contact for help with fire safety compliance costs and reviews?
Our body corporate faces significant ongoing expenses to meet Queensland’s fire safety requirements. The legislation requires monthly, quarterly, six-monthly, and annual testing as well as regular equipment replacement. In the past four years, we have had to replace the fire hydrant, building pump, reels, check valves, extinguishers, and more. The costs keep escalating.
We have a six-storey concrete block building, yet the four-storey building next door has very little expense. The local fire service acknowledges our concerns but has no authority to review the legislation. Does Queensland have an Ombudsman or government body that reviews these requirements, and who can we contact for assistance with fire safety compliance, reviews, or costs?
The
regulatory approach
may at times feel overly prescriptive, particularly where the risk profile appears low.
In Queensland, the responsibility for fire safety legislation lies primarily with the Department of Housing, Local Government, Planning and Public Works, which oversees building legislation, and the Queensland Fire and Emergency Services (QFES), which enforces compliance but does not have authority to amend legislation.
There is no specific Fire Safety Ombudsman in Queensland, but for concerns regarding regulatory impact or the need for legislative review, you may wish to direct your inquiry to:
• The Minister for Fire and Emergency Services
• The Queensland Building and Construction Commission (QBCC) regulates building practitioners and may be able to direct you to relevant policy teams
• The Queensland Productivity Commission, who sometimes review regulatory burdens in sectors
While comparisons with neighbouring buildings can highlight disparities, fire safety obligations are determined based on building classification, use, and design (e.g., storeys, fire compartments, occupancy), not just age or construction material. Nonetheless, we acknowledge that the regulatory approach may at times feel overly prescriptive, particularly where the risk profile appears low.
Stefan Bauer | Fire Matters sbauer@firematters.com.au
When people move into an apartment building, there’s an unspoken trust that the property is safe Residents expect smoke alarms to activate in a fire, sprinklers to operate correctly, exit doors to open freely and evacuation systems to guide them to safety, but this trust can be dangerously misplaced Fire systems save lives, but only when they are properly maintained.
Residents rely heavily on their body corporate and body corporate managers, trusting that all statutory testing and repairs are completed properly and on time. After all, they are the ones who control budgets, approve maintenance contracts and engage fire protection providers
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.
Yet systems are frequently neglected as budgetary pressures lead body corporates to prioritise cost savings over safety. This can lead to critical delays to maintenance or repairs as they seek multiple quotes
A staggering 82% of buildings fail their first fire safety audit, which shows non-compliance and faulty systems are far more common than assumed
Fire safety is not a ‘set and forget’ measure It requires regular licensed inspections, defects to be rectified promptly, comprehensive records to be kept, adequate budget allocated and prompt decision-making
Neglecting these duties risks lives and exposes body corporates to legal liability
Is it time you reviewed your building’s fire safety program?
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.
can an owner do if the committee fails to plan for ongoing maintenance?
Can an owner put a motion to an EGM requiring the committee prepare and distribute a maintenance plan?
In our Queensland body corporate of 23 units, the committee has not prepared a maintenance plan for more than four years and only arranges servicing or repairs when something breaks. Can I put a motion to an EGM requesting the committee develop a maintenance plan, including regular servicing and common area repairs, and to distribute it to all owners quarterly? Or would this be considered directing the committee to do what they should already be doing?
Certainly. Your other option is to address a specific maintenance issue as a dispute.
Good questions, and a serious issue: the consequence for a body corporate not carrying out maintenance is that it might be considered dysfunctional, which would in turn potentially require an administrator appointment. Non-performance of maintenance might also mean insurance cover becomes unaffordable, or indeed, unavailable. You might like to remind your fellow owners and the committee of these high-risk consequences. That in turn might motivate them to attend to the maintenance.
If you were to submit a motion about a maintenance plan, it’s probably better to do so with a quote from a firm that is qualified to do such a thing. That way, owners have something tangible to vote on. A motion that simply says ‘establish a maintenance plan’ is much easier to ignore.
Your other option is to address a specific maintenance issue as a dispute. For instance, if the body corporate fails to maintain a common property driveway and a maintenance quote is voted down, potentially, it could be challenged in the Commissioner’s Office. That would be a lengthy process, although at least it would result in a binding outcome and might also serve to remind the committee of its responsibilities.
It might also be that the committee needs to be replaced if they are not doing their job. Of course, that presupposes there are replacements ready, willing and able.
This is general information only and not legal advice.
Chris Irons | Strata Solve chris@stratasolve.com.au
Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.
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.
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What are the privacy or legal considerations around the use of AI to record and summarise meetings, particularly given that these tools may store data or use it to inform broader machine learning systems?
In our scheme, an owner who is not on the committee has made an unauthorised recording of a committee meeting without permission. Also, an owner trespassed on a neighbour’s lot to take photographs of fences and sent the images to the committee. Should the committee formally record these incidents in the meeting minutes, and are there any legal implications to consider?
We would also like to know:
• Are owners who attend a committee meeting as observers considered “involved” in the conversation for the purposes of recording laws?
• If a recording is made with or without consent, what rules apply to publishing or communicating that recording?
• Some buildings publish recordings of their committee meetings on platforms such as YouTube or Facebook. Is this permissible, or do they need specific disclaimers, and if so, in what form?
• Are there privacy or legal considerations around using AI technologies, such as automated transcription tools, to record and summarise meetings, given that these tools may store data or use it for machine learning?
Generally, video recording people without their consent where they would expect to be afforded privacy is unlawful. An AI transcription tool would be a type of listening device.
A committee must ensure full and accurate minutes of its meetings are taken. That includes names of those present, details of proxies and submitted motions, correspondence and documents tabled, and votes on motions. The committee would not be required to record in the minutes that an unauthorised recording occurred. The committee would be required to record in the minutes any documents (which would include images) that were tabled at the meeting.
Privacy is a technical area of the law with specific language. The full breadth of the law cannot be summarised without losing some meaning. In Queensland, a participant in a private conversation may use a listening device to record that conversation, even if the other parties to that conversation do not know the conversation is being recorded. Any such recording can only be communicated to another person in limited circumstances. Assuming a committee meeting is a private conversation, an observer at a committee meeting is a party to that conversation if that observer is a person:
1. by or to whom words are spoken in the course of that conversation (Involved Persons);
2. who overhears, records, monitors or listens to the words in that conversation with the express or implied consent of the Involved Persons.
How a recording may be used differs slightly depending on whether the recording was lawfully obtained. A private conversation that has been unlawfully listened to cannot be published or communicated to another unless it is to:
1. a party to that conversation;
2. a person to whom a party to that conversation expressly or impliedly consents;
3. in legal proceedings about a breach of the relevant Queensland privacy law;
4. to prevent a person from publishing knowledge of a private conversation.
A private conversation that has been lawfully listened to by a party to that
private conversation cannot be published or communicated to another unless it is:
1. to another party to that conversation;
2. to a person to whom all parties to that conversation expressly or impliedly consent;
3. in any legal proceedings;
4. not more than is reasonably necessary to protect lawful interests, perform a duty, or the public interest.
Generally, video recording people without their consent where they would expect to be afforded privacy is unlawful. An AI transcription tool would be a type of listening device. The primary risk with transcription tools is the ability to maintain the
Your plan will likely fall foul of section 180(5) of the Body Corporate and Community Management Act 1997 (Qld). That section says –A by-law must not discriminate between types of occupiers.
Can a body corporate amend its by-laws to define different resident types and restrict pool use accordingly?
The BCCM Act states that an occupier is “a resident owner or resident lessee of the lot, or someone else who lives on the lot”. Does the BCCM Act consider an occupier as anyone residing in a scheme lot at the time?
Our building has two identical indoor pools that are generally used by two types of residents.
1. Short-term rental residents who are in holiday and/or party mode.
2. Longer-term residents.
Longer-term residents prefer to have a quiet swim during their free time, which is frequently incompatible with short-term rental residents.
Is it acceptable to amend our by-laws to apply the following definitions:
1. Owners: Registered owners of a scheme lot in part or whole.
2. Occupiers: Residents covered by a minimum 3-month tenancy lease or residents who reside in a scheme lot on a consistent fulltime or frequent basis.
3. Guests: Short-term rental guests (such as Airbnb) and invitees of owners and occupiers.
Using these definitions, can we create a by-law calling for “owners and occupiers” to use the pool on level x and “guests” to use the pool on level y?
A by-law must not discriminate between types of occupiers. However…..
An example follows the section, and the example relates to the by-laws concerning pool use. i.e. “A by-law can not prevent a tenant from using a pool on the common property.”
Under the Act, occupiers (usually) are:
• a resident owner or resident lessee of the lot, or someone else who lives on the lot; or
• a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot
So, it’s obvious residents (that is, someone who lives in a lot) are one type of ‘occupier’ and persons engaged in business are another type of ‘occupier’. Section 180(5) says you cannot discriminate between ‘types’ of occupiers, so you cannot use a by-law to discriminate between residents and persons engaged in business.
What the example in section 180(5) also tells us, however, is that Parliament intended that we could not discriminate within these two broader types of occupier either. A ‘tenant’ can be a residential or business tenant, but they can also be a long-term tenant (i.e. resident lessee) or a short-term tenant (i.e. someone else who lives in the lot).
So, we must read the definition of ‘occupier’ as containing many types of occupier, being:
• resident owner;
• resident lessee;
• someone else who lives in the lot;
• a person occupying a lot for business purposes;
• someone who works on the lot in carrying out a business from the lot
The by-law you propose would discriminate, for pool use, between resident owners/lessees on the one hand, and ‘someone who lives on the lot’ on the other (short-term tenants, even overnight stays!).
So, what to do? The trick is to have a by-law that discriminates, to get the job done, but not based on discriminating between types of occupiers. Consider:
• Zanzibar Mooloolaba [2015] QBCCMCmr
26 – the by-law allowed residential lot owners to use the pool, and commercial lot owners could not. Accordingly, the bylaw differentiated between types of lots (i.e. residential vs commercial), rather than types of occupiers. As such, the by-law was valid and enforceable.
• Park Haven No. Two [2004] QBCCMCmr 628 – here, the by-law discriminated between owners/occupiers (with tenants included in the category of occupiers) and visitors or invitees. A visitor or invitee is not an occupier, because they don’t ‘live’ on the lot. That meant the by-law did not offend s180(5).
So, to achieve lawful discrimination, in your bylaw, can you discriminate on some basis other than the type of occupier?
For example, are the short-stay lots “different” to the resident/long-stay lots in a meaningful way? By which I mean, are they missing key features that could be resided in long-term, such as a full kitchen. If so, then the Zanzibar solution may be available to you.
If you cannot achieve lawful discrimination, then my suggestion is to reframe the problem. Rather than the problem being short-term vs long-term occupiers, why not reframe it as noisy versus quiet use? That opens the door to solutions like dedicating one pool to ‘laps’ or other quiet use, and the other to general recreation OR quiet times and uses versus noisy times and uses in both pools.
Adjudicators don’t like unnecessary or unreasonable restrictions on ‘normal’ use of pools, so whatever you do, make sure to get legal advice from a strata expert, specific to your needs.
Michael Young | Bugden Allen michael.young@bagl.com.au
If you’re not happy with your body corporate management, it’s easy to find companies willing to offer you a new proposal. Almost every agency promises better communication, sharper pricing, and the latest technology, but few acknowledge that delivering these standards depends on the quality of their managers. And the pool of qualified body corporate managers in Queensland is remarkably small.
How small? According to the 2024 Australasian Strata Insights Report by UNSW’s City Futures Research Centre, there are 52,920 registered body corporate schemes and 539,154 individual lots in Queensland. Now consider this: only 397 full-time equivalent managers are servicing this volume. That’s one manager per 133 schemes, or 1,358 lots.
If you think that doesn’t sound sustainable, you’re right. Just ask any working manager.
It’s worth digging a little deeper into the data. The 397 figure comes from Strata Community Association (SCA) affiliated companies, which represent approximately 64% of the Queensland market by lot.
The remainder are either self-managed or represented by managers not associated with SCA. The exact numbers of these groups are unknown, although, as 31 per cent of Queensland’s lots are in schemes of ten lots or fewer, it is likely that many schemes in these categories don’t employ professional managers.
That eases the burden for now. As we see legislation changes like the new disclosure regime making administration of these sites more complex, we might expect that the demand for professional small scheme management will increase.
There are also 692 ‘other employees’ working in SCA-affiliated strata companies. These may include assistant managers, support staff, or admin roles. Their presence softens the picture, but doesn’t change the fact that the industry is running lean, with no pipeline of incoming talent sufficient to match the pace of new development.
At a macro level, Queensland’s strata housing is worth an estimated $245 billion. Unlicensed, overstretched managers handle much of the day-to-day management.
In this environment, mistakes are inevitable. In extreme cases, these mistakes can become tragedies. International events such as London’s Grenfell Tower fire or Miami’s Champlain Towers South collapse highlight the importance of proper oversight and building maintenance. Professional managers are a key safety net for preventing these incidents, but the closer to capacity they work, the closer we get to a serious incident.
More commonly, the impact is gradual and silent: buildings decline, maintenance is deferred, and living standards fall. This affects not just property values, but also the daily well-being of hundreds of thousands of Queensland residents.
Addressing these challenges requires broad collaboration between government and industry, but so far, strata matters remain a low priority for policymakers. It may take a crisis for the issue to attract the attention it deserves.
At the individual level, schemes can take steps to protect themselves, even in a tight market.
Start by reviewing your current arrangements. Is your manager proactive and responsive? Are they supported by a company with systems and staffing that allow them to do their job effectively?
There’s no set formula for what makes a good manager-to-scheme ratio, but most owners know good service when they see it. If your manager seems overwhelmed, it may not be their fault. It may be a sign that the company hasn’t structured portfolios or support teams well.
Ultimately, success comes from a combination of a competent manager and a supportive company. That means:
• Managers whose skillsets align with your scheme’s needs
• Companies that invest in staff retention and limit burnout
• Realistic portfolio sizes that allow managers to maintain work-life balance
This combination is becoming increasingly rare. Strong managers are often overloaded, junior staff get promoted too quickly, and underperformers aren’t replaced because no one is available to take their place.
Meanwhile, manager salaries are rising rapidly, and that means fees will go up too. If you want a manager who has time to support your scheme, be prepared to pay for them or know that someone else will.
Still, there are things you can control. Shop carefully. Look for companies with a reputation for supporting their staff. Be willing to invest in quality service, and help your manager succeed by asking for realistic outcomes. Understand that it will take the industry a long time to self-correct, so if you want a better outcome for your scheme, drive the change from the ground up.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.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
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
Redchip
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
Reztor Restoration
24/7 Strata Water, Fire & Mould Restoration
P: 1800 739 867
W: www.reztor.com.au
E: admin@reztor.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
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
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
As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release.
For the Strata Magazine Media Kit
LookUpStrata’s Newsletters have a national audience of just under 20,000 subscribers.
For the National Newsletter Media Kit