Insurance

March 2019 – Ownership, maintenance and insurance

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A very important concept is to realise that the BCCM legislation complicates whether the body corporate or lot owner should be attributed the ownership, maintenance or insurance responsibility for specific infrastructure.  Let’s go through a couple of examples that are relevant for schemes surveyed as building format plan. Take airconditioning. In the case of an […]

Best practice

February 2019 – Electricity issues with Energex

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This month, a lot owner’s hot water went cold.  A plumber was called who found no issue with the plumbing.  Eventually, Energex was called and identified a fault in the electrical infrastructure on the property.  They also stated that other lot owners would have been affected in the same way.  The plumber charged $200.  The lot owner asked the plumber […]

Insurance

November 2018 – Insurers have a lot of power

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A recent storm on the Gold coast affected one of the schemes that we manage.  There was water damage to two lots after severe hail cracked and lifted tiles above their townhouses.  The scheme is on a building format plan of survey so the impact to the roofing above the two lots was a body corporate responsibility.  The […]

Best practice

Improvements to common property in a town house scheme

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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 […]

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 […]

Body Corporate Manager

Tenant keys

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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 […]

By-Laws

Egged

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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 […]

By-Laws

Schemes with mixed survey plan formats

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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. […]

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 […]

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 […]