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 […]

Best practice

Contacting lot owners

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Some Body Corporate Managers make it very difficult for lot owners to gain access to other lot owner contact details.  This month, we helped an owner who was in just that situation.  Simply write to the Committee (c/o the Body Corporate Manager) and state that in accordance with Section 205 of the Body Corporate Act, you request […]

Best practice

Bodies Corporate and GST

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I was reminded this month of the situation of Bodies Corporate and GST obligations.  Bodies Corporate are considered to be non-profit bodies for GST purposes, providing that they do not have any intention to distribute interest or other income to members.  A new Body Corporate that satisfies this test need not register for GST unless the GST […]

Best practice

Land valuations

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Bodies Corporate receive a yearly land valuation notice.  Whilst a Body Corporate does not usually pay rates, individual lot owners will receive rates for their lot based on a yearly revised valuation notice that is sent to the Body Corporate.  The notices are normally sent to the address for service recorded with the Titles Office.  However, the government […]