April 2018 – Improvements to common property in a town house scheme

Recently, in a body corporate that we manage, a lot owner installed solar panels on the roof above his townhouse without approval.  Whilst he was totally unaware that permission was needed to make improvements to common property, it is not always easy to work out what is common property in a town house scheme. You must […]

March 2018 – 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 […]

February 2018 – Committee and owners meetings

We helped a Body Corporate this month that had got a bit confused.  They were in the habit of holding a Committee and owners meeting.  At the meeting, there were lot owners present who were not on the Committee.  Their meetings were informal, and at past meetings there had been general consensus from all attending in relation to […]

January 2018 – 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 […]

November 2017 – 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 […]

October 2017 – 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 […]

September 2017 – 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 […]

August 2017 – 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 […]

July 2017 – 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 […]

June 2017 – Schemes with mixed survey plan formats

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. […]