Counting of votes for special resolution

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 […]

Lots in arrears for significant amounts of time

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 […]

Exit fees charged by Body Corporate Managers

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 […]

Tenant keys

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 […]

Why was this two lot Body Corporate created?

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 […]

Not Enough Committee Members

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 […]

Egged

Recently, a client in a building format plan found her townhouse egged.  Missiles had also been directed towards a neighbouring townhouse in the Body Corporate.  Her townhouse is surrounded by an exclusive use allocation, apart from an adjoining wall to another townhouse in the Body Corporate.  This messy event led the impacted lot owners and the Committee to […]

Unfair Body Corporate contracts

Good news!  Remember our post from a while back that looked at the indemnify clauses that some Body Corporate Managers insert in their contracts.  These clauses are akin to a get out of jail free card for the professional advice that a Body Corporate Manager exercises when administering your scheme.  Well, the Federal government has been listening. Since […]

Fire

Sadly, this month we had to deal with a devastating event when a lot in one of the Bodies Corporate that we manage burnt down. Fortunately, functioning smoke alarms alerted the occupiers to danger and the family exited quickly and safely, immediately calling the fire brigade. The family was shocked at how quickly the fire […]

Body Corporate Manager fees at end of contract

When a relationship between a Body Corporate Manager and a Committee breaks down, there is often considerable time and effort expended by both the Committee and the Body Corporate Manager to address the problems.  The final outcome is often that any existing contract is discontinued.  Committees can get shocked when the records are finally handed over and […]