One of our clients is having problems with a lot owner parking on the common property. Most by-laws permit such parking subject to permission (with a stated end date) being given by the Body Corporate upon the applicant writing to the Committee with a valid reason. The Committee are required to consider the application and make reasonable […]
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 […]
We heard recently of a case where a Body Corporate on a Standard Format Plan was denied insurance. The buildings in the Body Corporate had common walls and so the insurance needed to cover the buildings as well as the common property. An insurance inspection report had uncovered deficiencies in many of the lots (related to the […]
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 […]
Worked through a stressful changeover of a small Body Corporate this month. The exiting Body Corporate Manager (Brisbane central city based) was refusing to handover the books until the lot owners made prepayments. Seems that there was enough money for the insurance that was falling due or for the final Manager fees but not both! My recommendation was […]
In Building Format Plans, the Body Corporate is responsible to insure the buildings on scheme land. Most insurance policies include cover for anything that is ‘plumbed in’ to the building. This would include stoves, airconditioning units, solar panels, rainwater tanks. Insurance coverage addresses events such as fire, theft, motor fusion, storm and consequential damage. It does not address […]
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 […]
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 […]
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 […]
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 […]