Visitor parking in strata – Who is a visitor?
You might wonder why the question of who is a visitor, matters and if you do, you are in the strata minority. The ostensible abuse of visitor car parking privileges is the trigger for an enormous amount of body corporate angst. Interestingly enough, the Body Corporate and Community. Management Act 1997 (BCCM Act) does not define who […]
Rights of Access to Lots
Many bodies corporate are mistaken about their rights to access lots. There is a right to access a lot only for specific purposes and in accordance with the Act. If you want to read an appeal decision about whether a body corporate acted reasonably in accessing a lot, then read on – and before you […]
Is it Defamatory to Call Someone Unfinancial?
This article was written by Frank Higginson at Hynes Legal It must be the season for ‘interesting’ defamation proceedings. This one will be of special interest to the strata managers (and perhaps chairpersons) out there who have to declare people unfinancial at general meetings. A lot owner sued a strata manager for defamation for doing […]
Defamation in Strata
Defamation in Strata An article written by Hynes Legal Most of our articles are Queensland centric. This one is effectively national, because while defamation is something that our constitution deems a State issue, each State has adopted the same defamation legislation. So, while this case was decided in NSW, its implications and findings are national. Defamation […]
FAQs – Removing and Replacing Committee Members
The Office of the Commissioner for Body Corporate and Community Management receive a number of queries about the process for removing and replacing committee members. Whilst the FAQs below provide some general information about these topics, it’s worth saying that merely removing and replacing a committee member is not necessarily going to solve all problems. […]
Transferring Money Between Funds (Administrative Fund & Sinking Fund)
Transferring money between funds (Standard Module) Questions regarding what the body corporate can do when there is not enough money allocated in a certain fund, in particular the transferring of money between the administrative fund and the sinking fund are common in our Office. In this article we will briefly touch on what are funds, […]
Cladding Stage 2 Deadline Now Extended
The Strata Community Australia (Qld) has now achieved an extension to the 31st of July 2019 for Stage 2 of the cladding regulation. What does Stage 2 of the Cladding Regulation consist of? Stage 2 will require the Body Corporate to engage a building industry professional to answer technical questions, such as whether the material […]
When can a Body Corporate withhold access to records?
Section 205 of the Body Corporate and Community Management Act 1997 (the Act) requires a body corporate to provide Body Corporate’s records within seven days after receiving: A written request from an ‘interested person’; and The fee prescribed under the regulation module applying to the scheme. An ‘interested person’ includes an owner, buyer or their […]
Debt Recovery – FAQ
Q1. I am 2 months late with my Body Corporate levies. Can the Body Corporate charge me interest? Yes the Body Corporate can charge you interest if the Body Corporate has decided by Ordinary Resolution to apply penalties to levies if they are not paid by the due date. The penalty can only be set […]
CCTV Surveillance in a Body Corporate
CCTV surveillance in a body corporate is becoming increasingly common across Queensland community titles schemes. Whether installed to deter crime, protect shared assets, or improve resident safety, CCTV can offer real benefits, but only when it is implemented correctly. For Body Corporates and lot owners, surveillance raises important questions around legal responsibilities, privacy rights, and […]