Issues

January 2024 – Body corporate account reconstruction

Posted on

We’ve just finished successfully setting up a new DIY client who has terminated their existing body corporate manager. Unfortunately, this was done just prior to the end of the financial year of the body corporate and we were required to reconstruct in excess of 300 transactions. The prior body corporate manager was not helpful and […]

By-Laws

December 2022 – Short term letting

Posted on

Many schemes in South East Queensland have had issues with lot owners leasing their lots using AirBNB or other similar service providers. The BCCMA prohibits by-laws that restrict the leasing of units or restrict the type of residential use that can be made of the unit. By-laws seeking to prohibit the short term letting of […]

Issues

December 2019 – Disputes take time to resolve

Posted on

Back in May 19, an EGM for one of our schemes was held that resolved to move airconditioning condensers to a new location on common property. The six condensers, which are utility infrastructure that forms part of common property (but are maintained by lot owners) were causing nuisance to some lot owners and this is […]

Issues

October 2019 – Unpaid levies

Posted on

Unpaid levies can be a financial headache for a body corporate, particularly a small body corporate. When the committee has taken all the inital actions of confirming that levies are getting through to the lot owner and sending reminders, what can they do? The BCCM regulations require that they must take action if the debt […]

Best practice

Counting of votes for special resolution

Posted on

We recently convened an AGM that highlighted the skill and knowledge needed to ensure the votes in a special resolution were correctly considered.  Some decorative lights at the entrance to the property had failed.  The repair cost was outrageous and the committee decided to disconnect and not reconnect them.  Approval was sought and given by the electrical designers […]

Best practice

Lots in arrears for significant amounts of time

Posted on

There has been a lot of chatter about the recent District Court of Queensland decision (BC for Mount Saint John Industrial Park CTS v Superior Stairs & Joinery Pty Ltd [2017] QDC 245).  There is a clause (S145) in the Body Corporate standard module regulations that states – If the amount of a contribution or contribution […]

Body Corporate Manager

Exit fees charged by Body Corporate Managers

Posted on

This month we took on a new do-it-yourself client who had been using a Body Corporate Manager.  Their principal reason for moving away from the Body Corporate Manager was the significant exit fee stated in their proposed new contract.  The Committee would have happily signed the new contract provided the exit fee clause was struck out.  The Body […]

Body Corporate Manager

Tenant keys

Posted on

The rental agency of a lot in a Building Format scheme that we manage came to us requesting that we provision a key for the unit that they are managing as the tenant needed an additional key.  BCCM adjudications have been clear (http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2000/71.html) that the body corporate is liable for the maintenance of locks and the […]

Issues

Why was this two lot Body Corporate created?

Posted on

We attended a seminar the other day where there was an in-depth discussion about survey plans and the way Body Corporate schemes come to be created. We came away with an understanding of why we often come across schemes with only two lots where it would been much simpler for the lot owners if the […]

Issues

Not Enough Committee Members

Posted on

As we were preparing AGM documentation for one of our Bodies Corporate, it became apparent the Body Corporate would not have the minimum of three committee members required under the Standard Module Regulation.  As the scheme had only five lots, we were able to recommend that they change regulation to the Small Schemes Module, under which […]