Body Corporate (Page 2)

Parking in a body corporate Parking issues can cause a lot of conflict within a body corporate. From parking in visitor spots to parking in someone else’s assigned spot, parking-related disputes are common.   As a resident within a body corporate, it’s important to know your rights and responsibilities regarding parking. In this article, we’ll discuss the common issues that arise when it comes to parking in body corporate schemes and how you can resolve them. The regulation of parking on common property or in visitor spots falls under the jurisdiction of a body corporate. Owners and occupiers are allowed to park on common property asRead More →

Tree maintenance responsibilities in a body corporate Trees can add significant value to a property, particularly if they are well-maintained and add to the aesthetic of the property. They can provide shade, privacy, and a sense of tranquillity, all of which are highly sought after by potential buyers. On the other hand, poorly maintained or overgrown trees can detract from the value of a property and even be a safety hazard. It is essential to ensure that trees in a body corporate are well-maintained to enhance the overall value of the property and also important to understand the obligations regarding maintenance of trees depending on their location within a scheme.   ResponsibilityRead More →

There’s nothing fishy about odour control solutions for your complex. Be it a holiday or permanent complex, having a reliable, discreet, affordable odour management system in place will make your complex as fresh as a daisy and as a caretaker, you’ll smell like roses to your committee. Actualised Industries are a proud Australian company whose founders have worked in management rights themselves and understand how important their products are for onsite managers. I sat down with Russel Beeston, the CEO this week, to see him demonstrate some of his products and systems first-hand. They are impressive, rugged, and compact. All the fragrances he has sourcedRead More →

Contributed By: Andrew Persijn & Hannah Hewitt - REIQ on

Property managers will no doubt be aware that the second phase of the Stage 1 rental reforms came into effect on 1 October 2022. In this article, we will be examining how the amendments impact the emergency repairs provisions of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act). WHAT CONSTITUTES EMERGENCY REPAIRS? Section 214 of the RTRA Act states that emergency repairs include: – a burst water service or a serious water service leak; – a blocked or broken lavatory system; – a serious roof leak; – a gas leak; – a dangerous electrical fault; – flooding or serious flood damage;serious storm, fire or impactRead More →

Contributed By: Jane Wilson - Queensland Government on

The role of the caretaker within a body corporate can sometimes cause confusion. As the caretaker is frequently onsite managing the scheme’s day-to-day issues, it can fuel the assumption that the scope of their responsibilities is wider than it is. By-law enforcement is one of the tasks residents commonly attribute to caretakers. However, contrary to popular belief, the caretaker is not the ‘all-powerful’ body corporate sheriff appointed to enforce the scheme’s by-laws. In this article we will clarify the avenues available for enforcing by-laws, while highlighting who holds the reins when it comes to body corporate decision-making. What is a contravention notice? A contravention noticeRead More →

Contributed By: BCSystems on

Most people are aware that a landlord or property manager, by providing a rental entry notice, can gain access to a rental property. But did you know a body corporate also has entry power? Applicable to both owner-occupiers and tenants, certain ‘emergency’ circumstances will allow a committee to enter a lot, without notice. What areas can the body corporate enter using this power? The body corporate can use this power to enter any part of the scheme land, provided entry is correctly authorised and reasonably necessary. This includes the inside of all rooms within the dwelling, as well as exclusive use areas like a balcony,Read More →

Contributed By: Kristine Lehmann of Lehmann Rights on

Kristine Lehmann, the principal of Lehmann Rights has kindly provided us with a series of really great industry discussions between herself and a number of industry leading experts. These are great, easily digestible 5 minute chats that offer some wonderful and current insight for those in and looking to enter this market. We’ll be bringing you a new one of these with each issue for the next couple of months.Read More →

The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings during the COVID-19 restrictions. In summary: The body corporate called an extraordinary general meeting (EGM) to agree on the matters that needed to be decided at a general meeting. To meet COVID-19 social distancing restrictions the committee decided to conduct the EGM without physical attendance. There were some other minor deficiencies with how the EGM was called, and was to be held, that did not strictly comply with the legislative requirements of holding meetings. A group of owners sought to invalidate the EGM based on the failureRead More →

Contributed By: Hynes Legal on

In the midst of the COVID-19 pandemic, the strata sector is facing some big issues. Perhaps the biggest challenge (this week at least) is how to manage body corporate levies and other financial issues at a time when people are under all sorts of financial pressure. It can be hard enough to get people to pay strata levies when they have the money, let alone when they do not. We think it is essential to identify the pain points for everyone in the sector when it comes to levies and then identify what can be done about it. There are a few points to make,Read More →

Contributed By: Hynes Legal on

I want to give people some insight as to my reasons for joining Hynes Legal and in particular, why I strongly believe the strata industry needs a mediation offering to help reduce the instance of strata disputes in the Commissioner’s Office and QCAT. I’ll begin with a question I’ve been asked a few times since starting with Hynes in February 2020: why would someone pay you to do something that you previously did for free? It’s because of cases like this one. In summary, it’s a dispute heard in the Queensland Civil and Administrative Tribunal about management rights. In total, both sides – the bodyRead More →

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