strata & BODY CORPORATE NEWS
Can a Body Corporate Withhold An Owner’s Access to a Lawyer’s Written Advice?
CAN A BODY CORPORATE WITHHOLD AN OWNER’S ACCESS TO A LAWYER’S WRITTEN ADVICE? Let’s take look at this scenario: A body corporate believes that an owner is in breach of the scheme by-laws or that a caretaker is in breach of the management...
Terminated Caretaking Agreements – is it the Courts Problem
TERMINATED CARETAKING AGREEMENTS - IS IT THE COURTS PROBLEM? We all know that disputes about terminated caretaking and letting agreements are heard by QCAT. However the Supreme Court of Queensland has recently considered whether the Courts...
Resolutions Without Dissent
THE POWER OF ONE The Queensland strata legislation, like other States’ legislation, includes varying motion types which necessitate different levels of voting support in order to become resolutions. Each State has unique categories of...
When Should A Body Corporate Allow A Discount for an Overdue Payment?
WHEN SHOULD A BODY CORPORATE ALLOW A DISCOUNT FOR AN OVERDUE PAYMENT? The legislation has created a significant incentive for owners to pay their contributions by allowing a body corporate to fix a discount of up to 20% to be given to owners...
What is Gallery Vie
WHAT IS GALLERY VIE? What is Gallery Vie, and why is the caretaker wanting to vary the caretaking agreement? Gallery Vie is the name of a strata building which was involved in a 2015 Queensland Civil and Administrative Tribunal (QCAT)...
Reallocation of Exclusive Use Areas – A Cost on Who?, For the Benefit of Two
REALLOCATION OF EXCLUSIVE USE AREAS - A COST ON WHO?, FOR THE BENEFIT OF TWO A situation that frequently comes across my desk is where two or more lot owners (but usually just two) are seeking to ‘swap’ exclusive use areas between their...
Part 2: Who Pays For The Costs To Defend A Defamation Claim Involving a Committee Member?
PART 2: WHO PAYS FOR THE COSTS TO DEFEND A DEFAMATION CLAIM INVOLVING A COMMITTEE MEMBER? It makes sense to think that any claim made against you while performing your duties as a committee member should be defended at the cost of the body...
Part 1: When Are Committee Members Liable for Defamation Claims?
PART 1: WHEN ARE COMMITTEE MEMBERS LIABLE FOR DEFAMATION CLAIMS? Sections 101A and 111A of the Body Corporate and Community Management Act (Qld) 1997 are the two most important sections about avoiding liability for claims made against...