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 […]
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 […]
We uncovered a tangled web this month. A scheme of townhouses had been developed over an extended period of time. The scheme has a private road and for all intensive purposes all the townhouses seemed similar with no lot fencing but with landscaped grounds surrounding each building on the scheme land. The scheme was not a layered scheme. […]
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 […]
This month we are working for a new client who until recently owned all the lots in a Body Corporate. The client was not the original owner of the property and the property was at least fifteen years old. In these situations, the existance of the Body Corporate is often ignored and the sole owner manages the […]
Last month, we took over a scheme that was being administered by a well known Brisbane Body Corporate Manager who shall remain nameless. Four of the lots in the scheme were needing major renovation of a lintel that was rusted. The estimated contract works was ~ $70-80,000. The Body Corporate Manager was expecting to raise a special levy […]
We started to help prepare information needed by a Body Corporate to complete their tax return. The Australian taxation office has recognised that these tax returns are usually very simple and have developed a short form tax return that is very easy to understand and complete. You can download it from here.
As one Queensland Body Corporate recently experienced, the term of a contract can be highly significant when considering a motion for a contractor engagement. The Queensland BCCM Commissioner passed down a decision which highlights the necessity for owners to be wary and knowledgeable about their rights. Northcliffe’s Body Corporate manager breached the requirements … in relation to […]
The developer (and building contractor) is the first person to contact when a defect is found in a new scheme. If they are unresponsive, then recourse to the Queensland Building and Construction Commission may be possible. The time to lodge a non-structural defect issue with the QBCC is quite short. Full details are on their website – www.qbcc.qld.gov.au. Once […]
Lot ledger disputes can occur between lot owners and Committees. This can be a minefield particularly when penalties and discounts are in play. BCCM adjudicators have identified that they are unable to act in debt disputes (refer Section 229A(3)). This BCCM adjudication sets out the situation very clearly – If Ms Naismith does now pay all amounts […]