Best practice

Counting of votes for special resolution

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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

Committee and owners meetings

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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 […]

Best practice

Lots in arrears for significant amounts of time

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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 […]

Best practice

Major lot expense impacting subset of lots

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In April, we helped a scheme of townhouses where the lots were defined by Standard format (pegs in the ground) and not Building Format.  Four of the seven townhouses required major structural repairs that were all related due to a structural steel frame that extended across all four lots that formed a garage for each lot.  The […]

Best practice

Insurance valuation

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Cost conscious Committees may sometimes believe an insurance valuation is unnecessary or they believe their insurer is providing this valuation. The requirement under the Act states an independent insurance valuation must be undertaken once every five years. Insurance companies and insurance brokers could be considered independent, but these organisations do not furnish a Body Corporate […]

Banking

Banking: KIS

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Recently we received a new client using three different bank accounts. One for levies, one for admin fund and one for sinking fund. Hundreds of transactions between three different accounts quickly pile up into a complicated tangle that will take ages to unravel come EOFY. This system is both complex and unnecessary! With sophisticated software […]

Best practice

Good news for Bodies Corporate paying tax

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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.

Best practice

Why we use an insurance broker

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We recently started a new Body Corporate scheme on behalf of a developer.  At the first AGM, there were many new owners who had never been part of a Body Corporate in Queensland.  There was much confusion about insurance, and specifically about the insurance that a lot owner might have and the insurance that a Body Corporate […]

Best practice

Lot ledger dispute

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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 […]