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 […]

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.

Legislation

Major Spending Limit

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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 […]

Legislation

New schemes and non-structural defects

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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 […]

Body Corporate Manager

Chapter 3 Part 5 Appointment

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We recently reviewed a Body Corporate administration renewal of a four lot scheme.  The total remuneration of the Body Corporate Manager was in excess of $3,000 not including insurance commission.  The BCM had engaged the Body Corporate with a Chapter 3 Part 5 engagement.  That remuneration seems excessive!  However, in partial defence of the BCM, the use of the […]

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 […]

Banking

Settlement

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New lot owners are often confused by the settlement process between buyer and seller and what happens with levies and lot ledger balances.  The BCCM regulations state S79 (Small Schemes Module) and S145 (Standard Module) that – A liability to pay a body corporate debt in relation to a lot is enforceable jointly and severally against […]