The most common questions I get on my website are questions about what to do when you have a body corporate dispute.
Finding help when things are going pear shaped within your strata scheme can seem like a mammoth task and I know a lot of people end up feeling frustrated and alienated.
This article is intended to help, only, once I started writing I found I couldn’t stop. This is a very complex subject. So what I’ve decided to do is break it down into a series of (hopefully) interesting articles on different aspects to give some help on what to do when you have a body corporate dispute.
Who Is Watching?
The place to start is to understand the environment within which the body corporate dispute takes place.
There is no oversight in the body corporate environment, other than that provided by the lot owners themselves.
What does that mean exactly?
In our wider community we have laws and those laws are policed by … well, the police.
That’s what I mean by oversight. We have rules (laws) and there are systems to both enforce compliance (police) and punish rule breakers (courts).
A building orientated example of oversight is fire safety installations.
All “public” buildings, which will include some body corporates, are required to meet and maintain a certain level of fire safety installations. Regular inspections of the installations are required to ensure they remain functional and ready to go.
There’s also oversight to ensure buildings are complying. It’s provided by an independent body, Queensland Fire and Emergency Services (QFES), with powers to inspect, direct rectification of breaches and issue penalties if the breaches are not rectified.
The Public Good
Fire safety is a great example of oversight to protect the public good.
Strictly speaking, it’s no business of mine if my neighbour has a fire. The only thing I share with my neighbour is a boundary fence so the likelihood of the fire spreading is slim, but I’d be fairly concerned all the same. And so would our other neighbours.
Of course if you share more than a fence your neighbour’s fire readiness is of critical interest to you.
Let’s be honest, our concern is only peripherally for our neighbour; mostly we’re worried our properties will burn down to.
And that’s what makes fire safety such a public concern. The term “spreading like wildfire” springs to mind here.
Systems then that control fires are good for all of us and there exist government bodies that oversee compliance with those systems.
There are all sorts of different bodies from local Council to Environment Protection Agency (EPA) to pool safety inspectors who have some sort of oversight of our collective behaviours, for the good of everyone.
Disputes Between Entities Don’t Affect Others
Disputes between people (and their entities) are a different matter altogether.
If two neighbours have a dispute about their fence it’s not going to impact anyone else. Neither can they call the police or local council to have the matter resolved.
Civil disputes, must be handled by the parties involved.
Of course, people being people, that isn’t always possible, which is why we have the civil court system.
Civil courts do not punish however, or at least not in the ways in which we think of punishment in the criminal court system. Civil courts adjudicate. The facts of the case, as presented by both parties, are heard and a ruling is made with reference to the law. There is a winner and a loser but no punishment as such.
How Does This Apply to a Body Corporate Dispute
You may have spotted by now that the body corporate environment is a civil environment.
That means disputes between lot owners, even those arising from blatant attempts to gain an unfair advantage, are civil matters and consequently are between the individual 
parties.
This is a good point to pause and say criminal behaviour is still criminal regardless of where it’s perpetrated. It is illegal to steal or trick people (or a corporate entity) into giving you their money. Intimidation, threats or other forms of bad behaviour border on abuse which again is a criminal matter.
For the most part though disputes in body corporates are civil matters between entities and it must be handled by the individual parties.
That applies even if the disputes are between lot owners within the body corporate as well.
The BCCM Act 1997 and its various amendments creates a framework within which bodies corporate and their lot owners must act. That framework is intended to protect the rights of as many people as possible.
The key factor to take away from this article is that no one is watching to enforce that legislation, only the other lot owners.
There is no oversight. There is no government body to call and they’ll nip round and sort things out for you.
None of that exists.
Any dispute you have will need to be either resolved between yourselves or taken to court for adjudication.
The Office Commissioner Body Corporate is a specialist adjudication service set up to decide body corporate matters and my next article will be “How and When to Make an Application For Adjudication”.
NOTE: If you have an ongoing body corporate dispute contact the Commissioner Body Corporate to discuss your matter.
Office Commissioner Body Corporate
Information Service 1800 060 119
Email: bccm@justice.qld.gov.au
Another option is to consider seeing a specialist strata lawyer.
Unless stated otherwise all the information on this website relates to Queensland legislation.
Thank you for the insight into BC processes & approaches to resolving disputes.
I own a duplex unit which I lease to tenants. The other unit was bought by a man who clearly has some mental health issues. It would seem that he did not anticipate the annual Strata Title Insurance fee. He does not want to pay his share & each year when it is due it is a major saga, often resulting in threats of violence to me & threatening behaviour to my tenants. In the end, I have to pay the entire bill as I do not want to be exposed to risk. I then have to pursue the guy for months for reimbursement. The 2015 bill, it seems he is refusing to reimburse despite 3 follow up requests.
Seems to be 3 different agencies that I need to consider in order to resolve this dispute & I need to work through them to determine jurisdiction. I guess I have two issues now. 1 being the refusal of the other unit to contribute to the insurance bill & 2, reimbursement of what I have paid.
I would be happy to pay for an adjudicator to manage this as an ongoing service as I really do not want to have anything to do with the other owner. Also, there are behavioural issues (excessive noise, probably drug use, etc) that the other owner has which causes issues to my tenants & others in the community.
Any advice or suggestions about where to head to resolve would be greatly appreciated. I am Australian but live in Indonesia so am further challenged by being offshore.
Thanks for any help you can provide.
Hi Angus
Oh dear. That sounds like a very unpleasant problem and, if it’s any help, appears to be pretty common across duplexes, probably because most of them do not have professional managers. Its part of a body corporate managers remit to chase up the unpaid levies.
Making an application to the Office Commissioner Body Corporate for an order to appoint a body corporate manager to handle the collection of levies and enforcement of by-laws is an option. A BCM will then create a budget, hold meetings, issue and collect levies and then chase up any unpaid contributions. Your tenant would also have someone to turn to when they have problems with the neighbour, though rectification of those issues remains as difficult.
The downside, you’d have to win your application in the first place. The other owner would have the option to submit to the Adjudicator, and then, assuming an administrator was appointed, would be able to vote at general meetings as well. And of course the big one, your holding costs would significantly increase because now you need to pay the BCM.
Regarding collection of the outstanding contribution for insurance: maybe you could refer the matter to a debt collector. A Solicitor’s letter might generate more action than you’ve been able to get. Again the trade-offs will be increased cost to you and the matter may need to proceed to small claims for judgement. This is the procedure most BCM’s use to recover overdue levies.
Its a constant challenge Angus, what to do when other people behave poorly and unfortunately there is no easy answer. Persistence is key. And keep a written record of all interactions, should the matter proceed to court. Try and work within the remit of the legal system.
I hope that’s helpful.
Hello there my name is Lucy Gemmill. I live in Malvern Victoria. I am a woman with a physical disability since birth. I have been living within a Body Corporate Owners Corporation. Since August 2003. I have been paying the levies/ fees per quarter. Along time ago. I put in a request to see if the Body Corporate Committee. Would help with putting in a shed. Over my car parking space lot number. Initially it was put in the minutes. As a special renovation project. At the time although unfortunately I cannot remember which year that was. Can I legally challenge. The Body Corporate Committee now. As I am unable to store the motorized scooter at home. Because it needs to be fully covered. Anyway I just thought to ask you please. Lucy Gemmill
Hi Lucy
I’m not sure what you’re asking me here. It sounds like you sought permission to install a shed and were granted permission. But now there’s some sort of problem. I’m not clear on what that problem is.
Let me know.
Hi Lisa,
What is the best way to deal with a caretaker who is not carrying out his cleaning duties? It has been pointed out to him, he says the cleaning get done every morning at 6.30 am and the rooms get used. Photos clearly show the cleaning is not being done the filth is building up week after week?
There are other issues with him. What should we be aware of if we serve him a breach notice?
Hi Janice
You need to be aware that what you’re talking about is most likely a breach of contract and not a breach of the BCCM Act. That means an Adjudicator cannot help.
First review the contracts to ensure you know the procedure for disputes. You must comply with it.
Keep track of all the ways you’ve spoken to the caretaker. Write if you can. Verbal conversations don’t carry the weight of written. Have the discussions minuted in committee minutes. Give them an opportunity to get better. If you breach the Caretaker and it comes to legal action, which is the usual response, then you will need to be able to make your case. In all instances the body corporate must be able to demonstrate they have given reasonable notice that has not been complied with.
I also suggest you speak with a solicitor. When you breach a building manager the first thing they usually do is talk to a solicitor. This is legal action in breach of a contract and you will be well served with professional help.
The steps are to try and negotiate the problem. If not complied with issue a formal breach notice (best prepared by a solicitor). If that is not complied with start the process to terminate the agreements. Be aware, most termination attempts do not succeed. However, it does usually end up with the manager selling which tends to resolve the problem as well.
Thank you for your in depth reply.
You have been most helpful
Regards Jan
Hello Lisa,
Our Standard Format in Queensland, recently had some parts of buildings deteriorate to the point of uninsurablity (and our insurance was denied !). The deterioration was caused by neglect of the part of the owners. The owners effected Repairs and Maintenance and the R and M was inspected and certified by a building inspector. Our insurance was re-instated.
While the owners paid for the R and M (the works were entirely within their lot boundaries), some have claimed that the costs of Inspection and Certification are to the account of the Body Corporate.
They quote Section 180 of the Body Corporate and Community Management (Standard Module) Regulation 2008, which deals with the requirements of insurance.
There is nothing in Section 180, which states that the BC is liable for the Inspection and Certification costs as a result of R and M performed (and paid) by lot owners in the raising a lot up to insurability, or for any other action.
Do you know of any legislation which covers this issue, or know of any cases of this nature.
Any advice would be appreciated.
William
Hi William
Most body corporate by-laws will include a by-law “Damage to Common Property”. This by-law says something to the effect if you cause damage to the common property you are also responsible for the cost of repairing said damage. The by-law is aimed at ensuring fairness to all parties. If one party does something that impacts the common property then it’s their sole responsibility to rectify the damage at their cost.
It’s exactly the same if you drive into someone with your car. You will be responsible for repairing you own damage and whatever damage you caused to other property or persons.
I believe the same applies in this situation. The need for certification would not have arisen but for the actions, or in this case inaction, of the lot owner(s) in question. They created a situation that unfairly impacted on all the lot owners (cancellation of the insurance) and the need for certification arose because of it. It is therefore part of their rectification costs. Its quite possible they would also be responsible for any other damage that arises from the problem they caused, say for instance damage claims that could not be processed because the scheme had no insurance.
That is of course my opinion and I am not a legal professional. It seems logical to me though. Damage to common property is the responsibility of the person who causes it regardless that the body corporate is responsible for common property. To apportion costs otherwise is unfair to the other owners.
Hi Lisa
We are constantly being harassed by our body corporate as we changed our fence from wood to colour bond, this was due to our fence being damaged from our neighbours fence.
The body corporate we have seem to think it’s ok for them to choose wat colour the fence should be even though they are not offering a cent to pay as the fence is on private property and not common.
Any advice
Hi Julian
Bad news Julian, it looks like you’ve breached the by-laws. You need to refer to your own scheme’s by-laws but its most likely that there is one controlling the appearance of the scheme. The idea of body corporates is that much of the value comes from the uniformity of the appearance. Individual lot owners cannot change the appearance as it devalues both your own and your neighbours properties. That’s the theory anyway.
Now that it’s done what can you do about it? This is a curly one. Its unlikely that ignoring it will make it go away. I’m not sure what remedies they will be seeking but wouldn’t be surprised if removal was one of them. You must try and negotiate with them, and they with you. If negotiation doesn’t work the next step is mediation, through the commissioners office, then if that doesn’t work adjudication (a judge decides).
Your best bet is to seek permission for the colour bond fence. Send them a letter in writing asking for permission. They will likely refuse but it’s an important step to show you have been seeking to remedy the problem. Then if it goes to adjudication you look like you’ve made some effort.
Also, FYI, if the fence is on the boundary between your property and the common property then dividing fence rules apply and you can seek half the cost from the body corporate. That’s a whole other can of worms though because there are things you needed to do there as well, including submitting a quote to them before proceeding.
Hi Lisa,
Six months ago, I put my townhouse for sale, supposedly sold but unfortunately after the building inspection was carried out , the contract was cancelled due to rising dampness underneath the subfloor that caused termites damaged on which I replaced the whole floor board . In other words, there’s water penetration along side of the brick wall coming from the common property on slightly sloping driveway outside . I emailed the body corporate in numerous occasions in regards to the problem, but seemed to me all my letters & phone call has been ignored. So, 4 weeks ago, I went to see a solicitor asking him to write a letter to the Body Corporate, the same thing ,they have not response . It really cost a lot of money for doing this. I really don’t know what to do as I would like to sell this unit as soon as I can. Any, advice would be appreciated.
Thanks.
Hi Marlene
I would continue with your efforts to contact the body corporate manager or committee. If you’ve had no response from them don’t assume they have received the correspondence. Your next step will be to attempt adjudication to force the issue.
In the meantime I would get quotes for repairing the issue, though don’t yet take any action. You can then submit the quotes to the body corporate, perhaps as a general meeting motion with alternatives, to get the scheme to pay for the works.
Before you can move forward with adjudication you will need to prove that you have tried multiple times to address the issue. The Solicitors letter will help. Maybe resend it. Check you committee meeting minutes to see if the matter is tabled. If there are no committee meeting minutes the problem could be the committee is not meeting or engaged. Consider joining the committee yourself to get things moving.
Hi Lisa,
Thank you for taking your time to reply, very much appreciated. For the meantime, I will get few more quotes .
Hello Lisa, I bought a lot in a Strata six months ago. There are 40 lots in 6 buildings and common property. Three of them own three committees member including the chairman. Their tenants use a part of common pathway for their personal purpose (gardening – pots with plants, sitting on the chair, there is a table, the shelf and other stuff, chatting, smoking). It is possible to use appox. 2/3 of the width of the pathway only to pass their items. Many times I cant get home with my bags or other items trough, therefore I have to go on the lawn to get to my lot. I have written about it to the committee. And their answer have been – that width is reasonable, – me to take by-laws easy and – their advice has been me to use on of folding Magna Cart devices. I couldn’t believe!!! I have had a few issues with two of the tenants – sitting and chatting on the pathway just by my entry door and the pathway has been totally blocked. I have been bullied verbally many times, which has been recorded and I have taken a few pictures about situation there. I have written the complaint with it to the committee and the situation has improved. In couple weeks later, both ladies have moved their activities on the pathway by the entry door one of them. Situation repeats. Last a few weeks I have been looking information about how to sort it out. I am aware of the process of the dispute and I think I am prepare to go through. But I see a problem with the committee. The committee do not act reasonably (I guess) and their criteria are to create environment nice to live instead of safe environment and equality. I required to get the tenants names for form 1, but the committee do not give me them. After that I have got a few emails from the committee (the chairman). He really do not want me to take a legal process and he try to persuade me to solve it internally. I do not trust him. It is clear enough that the CORE of all the disputes is the breaching by-laws many times and do not enforcing by-law by any others owners. I guess, that 99.9% people there close their door. But not me. I really appreciate your advice. Thank you.
Hi Jirina
Happy New Year.
As part of the Adjudication process it is the responsibility of the party bringing the suit, that would be you, to try and resolve the matter through negotiation first. In both cases, Adjudication or negotiation, you need to be clear about what it is you want.
The Chairman is doing the right thing by trying to resolve it internally and by telling you so in writing he is making the body corporate’s legal position stronger.
What will resolve the matter for you? For instance, in my opinion the footpath should be cleared as its a safety hazard and infringing on common property. For you there might be other matters that you would like done differently. If you want the by-laws enforced be specific. Which by-laws? How are they being broken? How will it look if they’re being enforced? T
The challenge with disputes like this is to get clear on what each party wants without the emotions that go along with them. I understand its sometimes difficult to get past, especially if you’ve been bullied. The clearer you are on what you want the better. Unfortunately a lot of things might not be enforceable but clarity will give you a better chance.
Hello Lisa,
Happy New Year to you too!
Thank you for your advice and I will write a letter to each of them. I am still fighting with English, but I am able to go though.
Hello Lisa,
I have recently joined the body corporate committee. One of the flats in our 40 flat complex has a small water leak in their bathroom ceiling causing damage to the plaster. Two quotes were submitted to the committee and our body corporate managers for repairs costs. The people who submitted the quotes are committee members. The repair costs were around the $6000 mark and they were inferring the shower base in the flat above was leaking and also pipe work in the lower ceiling cavity.
I know the person in the flat with the leaking ceiling and ask to take a look at the situation. The plumber had cut an access hole in the ceiling plaster and I was able to observe the situation. I ask the tenant in the flat above to turn on his shower whilst I watched in the flat down below. I saw drips of water coming from a poor pvc pipe join but no leak coming from the shower base situated in the flat above.
The flat above is owned by these committee members.
I challenged them about the quotes and they admitted there was no leaks from their shower base but they still submitted the quotes with the plumber saying the cost to tile their shower base and waterproof it was around $2500.
I am yet to get another plumber to give a quote but will organise this soon.
Does giving a quote which is misleading fraud? If it is fraud what should I do about it?
Hi Graeme, Happy New Year
If they submitted the quote knowing it was a lie then yes it could be fraud. Is it worth pursing? Meh. It would be hard to prove and there was no loss to speak of, luckily. It certainly confirms my lack of faith in the human race. Well done you for spotting the issue.
You must be careful when reporting the matter to owners through the committee minutes. On one hand its great way to deal, letting the other owners know what they tried to do. On the other hand it opens you up to a claim of defamation and without proof it could get nasty. Its a touchy line to walk so do so carefully.
I’m unsure why the scheme is considering the tiling cost for the shower base and waterproofing. Surely that relates to the lot? Certainly the damage to the plaster in the ceiling below the leak is a body corporate issue but unless the people above pursued the works to find the leak then there doesn’t seem to be a reason for the body corporate to pay.
The body corporate getting involved with the shower base repairs is another issue I am facing. The body corporate paid a shower base to be repaired a few months back and I doubt it was even leaking. The flat was owned by the same two committee members. They own two flats here. From my reading of the legislation it clearly states that the shower base is the lot owners responsibility to maintain. Our body corporate management disagree and state the waterproofing membrane under the tiles in a shower base is body corporate responsibility. I see the waterproofing membrane as part of the shower base. I am still not finished with this yet and it may have to go to conciliation again.
Life should be simple but its not.
Graeme
Hi Lisa,
Body Corporate and Management Act in QLD has a process of dispute. Also the Commissioner for Body Corporate explains process of dispute.
My question is, whether the committee of BC may create their process of dispute? I mean, that any dispute between the owner of the lot and the tenant of other lot has to be solved through the tenant’s owner? It has just happen, what the committee had voted.
Thanks you for your help.
Hi Jana
The committee is not involved in a dispute between owners or residents. If one or the other is breaching body corporate bylaws then they will need to address the breach but otherwise it’s between the two individuals.
Hello Lisa, thank you.
How can I find out if the body corp where I live is ripping us off. We get a bill of approx.. $1200 per half year and we see nothing done for this. When they decide to paint the place which is about 10 years they send us another separate bill. Inluded in this is an administration fee of $300. This is for 6 units who are quite capable of looking after the units themselves. All the body corp actually pays for is the insurance on each unit and the outside light on each unit plus mow the lawn on the nature strip once a fortnight. They do fix letter box if anything happens to it. But every unit paying $2400 approx per annum. Th is a lot of money for nothing done. What can we do about this.
Hi William
You will need to review the body corporate budget and financial statements to know what funds are being spent on. If you have a body corporate manager then a simple request will likely have the documents sent to you.
Are you on the committee? I ask because you’re right to suggest that a six lot unit can manage by themselves. If you’re not currently on the committee however I suggest that you’re far more confident in your and your fellow owners abilities that you should be. It costs more to run a body corporate efficiently than you might think and there are many legal hoops you must jump through.
If you are on the committee, and are prepared to take on the extra work, then it is a good idea to suggest at the next AGM that you self manage. It will save you $300 a year at least.
Hi Lisa,
My husband and I purchased a duplex, with only 4 units in the complex. Our back yard backs onto a lovely creek with lots of trees, the land behind us belongs to council and very private.
We decided a couple of months ago to change A few panels of the colour bond fence to a pool fence, so we have a lovely view of the creek. The change doesn’t effect any other resident in the complex, in fact no one can see it except us.
I did look up the body corporate law, which stated that as long as any changes made to our lot doesn’t effect anyone else that there are no restrictions.
Our problem is that our Body corporate manager doesn’t agree!
She said the fence belongs to the body corporate and is on the boundary?
Hi Erica
That is correct. The BCCM Act says that boundary fences are the responsibility of the body corporate. Its so that when changes need to be made the neighbours don’t need to negotiate with dozens of people but rather one entity.
Its always a good idea to seek approval from the body corporate for any change that you plan to make, whether you think you need to or not. Its as much about maintaining good relationships with your fellow owners as fulfilling legal requirements.
I suggest you apologise to the body corporate and seek permission for the changes. As you say, there is no compromise to the fence and no one else can see it but you.
If you apply for approval for the changes, and it’s denied, then ask for reasons why, if not provided. The body corporate is expected to act reasonably. If you’ve apologised for the error and sought approval then you’ve addressed the main issue (unapproved changes). I can’t think of a reason why they wouldn’t approve: If they don’t you can then seek Adjudicators Order the change be approved on the grounds the body corporate is being unreasonable.
Hi Lisa
I’ve received a bill for just short of $400.00 to fix the fire barrier/safety of the ceiling and given a quote that I have to pay. I have been in the property for just under 3 years and this is the first fire safety inspection in that time, and why hasn’t this been addressed prior to this 3 years. Apparently the previous owners have done something to cause the damage, and now I am having to foot the bill.
Is this right, or do I have grounds for dispute that fire safety hasn’t been regularly been undertaken.
Also, how do I find what is covered by BC and what isn’t? I seem to be paying a lot of money $100.00 a week and then get a bill every time something needs to be done.
Thank you
Hi Concerned
Just as any approvals they were given by the body corporate to your lot transfer to you with ownership, unfortunately so too do any issues. It’s the same in any property, not just units.
The general rule of thumb is if it is common property then it is body corporate responsibility and if it is part of a lot then it is lot owner responsibility. The only time that would not apply is if the infrastructure in question services only the one lot. Without a clearer picture of what the issue is, where its located I cannot say for sure if its lot owner responsibility, though, if the previous owner caused the damage, then chances are high it is.
Is is unusual for owners to receive bills over and above their contributions. Do look into why it’s being billed to you. If the problem was caused by the lot owner or resident, that’s understandable, but if not do ask some questions.
Your body corporate is very naughty for not undertaking fire safety checks. Unfortunately their bad behaviour won’t get you off the hook for cost of repairs unless you can demonstrate the problem was caused by the body corporate not maintaining as they should.
Hi, I own a small townhouse in a 4 unit block that is overseen by body corporate. They engaged trades to paint the building and a brief note was sent to owners just a couple of days before they started asking that access be given to allow balconies garage door trims etc to be painted.
I have 3 tenants sharing my property. Reports started coming through from them because the painters kept walking into the home unannounced, kept blocking the entry to their garage forcing them to park on a street with restrictions which resulted in 2 $94 tickets they can ill afford (students living by uni) and also taking out a sliding door on the garage wall to force a cherry picker into it to store over night as well as pushing their property (washer/dryer/storage boxes) into a corner to make way for their equipment.
I phoned body corp in a panic about the door being removed and the liability I faced due to not providing a secure property for the tenants and also about the access liberties taken and the parking tickets.
They have responded that 3 quotes will be sought they will decide which one will complete the repair but refuse outright to pay for the tenants 2 parking tickets. This was over a month ago. They are still waiting on 1 quote so nothing has been done.
They put the onus on the tenants to find a resolution to the parking issue saying they should have done this or that (all of which they did but as they are in lectures they cannot leave every 2 hrs to move the cars)
I feel they are being unreasonable as it was their trades who blocked access. Do I need to pay these fines and claim as an expense against my rental income and is this even legitimate or does the tenant follow up with body corporate (they are really not happy and want body corp to pay) because they could not access the garage they pay rent for.
Should these repairs have been completed by now? What advice would you suggest here or do we just forget about it and hope it blows over?
Also, same property, I sent a request in Feb for a broken balcony railing that is rusted and coming away from the wall. I feel it could be a health and safety issue. I sent the request before painters started to have it repaired and they have not even assessed it yet? Surely this is an unacceptable timeframe for a works request.
Thank you
Hi Michelle
Hmmm…it sounds like the tradespeople were significantly arrogant. And the body corporate not much better.
Re The Parking Fines
I’m not too sure how this would be treated but my initial thoughts on the subject are that the body corporate contractors did block the access to the garage however they had no control over where the tenants then chose to park. As with any time a car is parked in public spaces, it is up to the driver to determine, with reference to what they’re doing and how long that is expected to take, where best to park so as not to attract a fine.
That’s my initial impression.
Re: The Removed Door
Im not sure I understand this clearly. If a door to the lot was removed and not replaced, then yes, it should be replaced. Immediately. The lot is private property. You cannot just pop next door and take the neighbours door of the hinges. That would be trespass. Neither can the body corporate. They are allowed limited access to a lot but only in emergency situations or if works are required. Dragging their feet with the repair is unreasonable.
It might be a good idea to seek adjudication that the body corporate make the repairs immediately. Discuss with the Office Commissioner Body Corporate.
You have to attempt to self-resolve the matter so I’d write to the committee objecting to the delay and asking them to fix forthwith. From there, if they take no action, seek Conciliation. Some committees drag their feet terribly but in a situation like this its not acceptable and owners are left having to force the issue.
Hi Lisa
I have just recently bought a unit. I noticed other owners have sheds & awnings. When I enquired about getting this done at my unit (at my cost), the answer was no. Could you tell me if I have a leg to stand on here.
Regards Suzie
Hi Suzie
There’s not enough information for me to answer that with any real accuracy. It will depend on the configuration of your property.
Off the top of my head there’s no real reason to deny your application for a shed or awning, should you make one. If you haven’t already. The body corporate is required to act reasonably so unless they have a good reason for denying your application, such as there’s some infrastructure in the ground where you plan to put your shed, or something equally plausibly, then you likely will be able to challenge the ruling.
Again though, not enough information to say definitively.
Good day,
I am writing this communication to ask for an assistance with regards to the geyser bursting/leaking at my flat in the roof above my apartment.It was on the 15 May 2018 when I arrived home to find that my apartment was flooded due to the geyser bursting/leaking in the ceiling above me. I have been emails to body corporate requested for the light and and to replace the beds damaged and fix and paint the ceiling because the dampness has caused the mold, due to the ceiling being wet. Secondly, the ceiling has been damaged due to the water coming through and thus leaving big marks. The light fitting in the bathroom is also affected, and hanging.Please help because I have been sending the body corporate emails and they say they have lodged an insurance claim however the Owner is responsible for the excess applicable and they say it doesn’t make sense that the Unit below my floor could cause such water damage to my ceiling.I told them that all the three geysers (2,4 and 6) are thereby my roof and I stay at the last top floor.Please advice what to do because these people seems like they don’t want fix my ceiling and the light.
Hello Neo
If you’ve reported the damage and an insurance claim has been made there isn’t a lot else you can do until an assessor has seen the place. That can take time. Have a read of this article.
I agree with your body corporate that it doesn’t make sense that the units below are responsible. You said the damage is to your ceiling, that the geyser was in the roof. How could the floor below be responsible? It makes no sense. And I don’t understand your explanation about geysers. What do you think a geyser is?
Hi Lisa,
Why you say what I think a geyser is?I said there are three 3 geysers above my roof and I stay at the (FLATS ) at the last top floor, flat no 2 and 4 geysers are thereby roof.Thanks for nothing
This is a geyser https://mybodycorpreport.com.au/geyser-3242005_640/ They don’t feature in any body corporate I’ve ever seen and its unlikely there are multiple in your scheme. A simple Google search would have pointed that out.
The feedback you’re getting is that no one understands what you’re saying. If you want help try and be understood.
Hi Lisa I’m hoping you might be able to help by pointing me in the right direction with my body corporate issues. I am the owner of a townhouse that forms part of a 4 townhouse duplex with two townhouses on either side. Along both of my walls there are staircases for both townhouses on either side (2 levels worth of wooden stairs). Both townhouses are rented. I am in a very unfortunate situation where impact noise of both of these properties are a nightmare. I have a child next door in one that runs and jumps upstairs between the hours of 8pm – 10pm which sounds like possums in my roof and has no inside voice and I can hear constantly in my apartment – even though all my doors and windows are closed. The people on the otherside I I can hear walking in heels on the floorboards and incredibly loud walking up and down the stairs (which I am sure is the same for them when. I use my stairs). I don’t feel the property is well managed. The property manager has a very bizzare approach to enforcing the by-laws and seems to make exceptions on a full-time basis which I don’t believe he has the power to make (for example by-laws state that residents can only park in visitor parks with approval of body corp.) I’ve raised my frustrations with him in the fact that residents who have 2-3 cars fill.up the all the visitor carparks and then there is no where for visitors to park. He argues with me that they can park in the visitors car parks even though the by-laws say they can’t. I just want to add each property has space for 2 parks however people choose to use their garage as storage space or don’t want to use their driveway as a second park. I have raised noise issues with him multiple times about the tenants next door. He will bizarrely twist the conversation around to be that he can’t discriminate against children (which I would never expect) and thinks its unreasonable that I request them shut the doors and windows to contain the noise. It’s stated in the by-laws that people should do this to contain noise. My doors and windows are shut there is not much else I can do to keep the noise out! When. I raised about the impact noise he stated it was my problem and that he couldn’t understand what I expected from living in a unit. He advised I couldn’t expect the owners to contribute to a resolution. I need to add I’ve never had noise or body corp issues like this in the 10 years I’ve lived in various units/ townhouses. Recently when raising issue about the noise n the properties either side of me he got very angry with me and advised he was sick of me and I had a problem with everyone. The reality is I have a problem with his lack of property management and his treatment towards me. What is the point in having a property manager that does not enforce the by-laws and manage the property? And can he just change them at his own discretion? There is nothing under his special conditions in the by-laws that suggests this is so? Lastly why do I have to spend a fortune to install installation to manage impact noise when I’m not even causing it! It’s an absolute hamster wheel as soon as I get the noise under control with the current tenants they move out – there is no proactive actions from the property manager to minimise future issues and then the cycle starts all over again! Help! Can body corporate give me the contact details of the owners so I can try to mutually come to a solution on the impact noise? How much of an obligation is there on the body corporate to assist with these property manager issues. Honestly since he yelled at me I feel very uncomfortable raising any issues I’m having and am beginning to feel victimised for making the complaints I have. I do want to close by saying the complaints I have made have not been over minor matters but very Significant noise matters so it’s not like I’m nit picking.
Hi Sarah
It sounds like you might need to seek Adjudication.
No the body corporate manager does not get to amend by-laws as they see fit. The body corporate manager should not be making any decisions at all. The committee is responsible for enforcing by-laws and they must do it.
Speak with the Office of Commissioner Body Corporate about the noise matter and seeking adjudication that the by-laws be enforced.
If you’re an owner also consider joining the committee. Sometimes the best way to make progress is from the inside.
Thanks Lisa much appreciated!
And yes I am an owner otherwise I would pack up and move 🙂
Hi Lisa, sorry to bother you and I hope you can help. I have a question as a tenant in a multi-unit complex. Our units are highly visible to the street and other units due to the layout, several of them have glass fronts to the balconies and the bottom floor has open staircases up to the apartment doors. Due to this layout every balcony has furniture and other items visible from the street and other lots. We put a cat enclosure on our balcony and received a breach notice under the following bylaw:
an occupier must not hang any washing, towel, bedding, clothing or other article or display any sign, advertisement, placard, banner, pamplet or any like matter on any part of its Lot in such a way as to be visible from another Lot, the common property or outside the Scheme Land, except with consent in writing of the Body Corporate
We requested permission to keep the enclosure but I’m not sure where in that bylaw we are actually in breach and we’re anticipating being denied. If we are in breach because we have outdoor furniture then due to the design of the units every single property is in breach. Do we have redress under fair application (nobody else seems to have been given this notice), that outdoor furniture isn’t covered or the fact that the bylaw is not feasible practically if applied in that manner? Thanks again.
Hi Anderlie
I’m not sure where in that by-law you’re in breach either. You weren’t hanging anything. Which is not to suggest that there might not be other by-laws that are more applicable, because there well could be. Or maybe they’re using the “visible from another lot” argument. In which case I agree with you that most lots will be in breach.
Making an application is the first step. The body corporate is required to be reasonable. It seems reasonable to me that they would grant consent. If they do not then you can seek conciliation or Adjudication as a tenant. Seek an order, if conciliation doesn’t work, that the cat run be deemed approved. Discuss with the Office Commissioner Body Corporate first as you will need to try to self-resolve before you can go to court action. You may have already done enough. Alternatively you may need to bring your complaint up with the committee to be discuseed again.
Thank you so much for your help, I thought I was going crazy when I read it and it talked about washing and literature. This is the bylaw they cited when we got the breach notice and going over the full document I think it’s the only one they can really use, the rest are about noise and parking etc. I will follow your advice when they come back with their decision, it was very helpful. It does seem reasonable that we are given permission seeing other units but the tone of the letter suggests they aren’t prepared to be reasonable. Thanks again.
Hi Lisa, I would greatly appreciate your advice. I have a unit in a duplex which I’d rented until recently. Upon moving in, I found out the other owner had put in a small pool on their private area.
As the other owner was the BC chairman, he was arranging and paying for insurance out of the fund. I’ve now found out that the insurance is $400 extra per hear because of the pool. I believe they should pay this additional amount due to they caused the extra cost?
If so, can this be correction be back dated to when they installed the pool (3 years ago)?
Thanks for your time and consideration.
Hi Terry
Yes the person with the pool should be paying for the extra insurance.
I’m not sure whether you can backdate the costs. That sounds like a question for an Adjudicator. Contact the Office Commissioner Body Corporate dispute resolution service.
Hi Lisa I own an apartment which I use as an Airbnb. The complex has 8 units. This week my smoke alarm was set off and instead of the residents informing me by a simple phone call as they all have my number they called the chairman of the committee who then instructed an contractors to brake into my apartment. I was never notified of what was happening and only found out when I had my own contractor visit the unit to change my aircons inform me of the break in what are my rights.
Hi Lawrence
Sorry for my late reply, I’ve just returned from annual leave.
Hmmm… this is a difficult question. It will depend on whether the scheme can prove the matter was an emergency. Without them attempting to contact you first this is going to be hard for them to do.
This might lead to a dispute. Its up to you whether your formally object to their passing on costs. Alternatively if you paid for the works you could seek reimbursement.
Hello Lisa,
I was so relieved to find your website, thank you.
I am the owner of a Unit in Acacia Ridge, Qld. I have owned it without issue since 2007.
Due to personal illness and unfortunate circumstances which have left me in severe financial hardship and living in a shed (thanks Murphy), I missed two Levy Notices in a row.
1/ November 2017 was paid to the previous Body Corporate Managers account by my partner (I should have deleted the saved Biller details, so my fault for the confusion on our end),
2/ February 2018 was not received on my end despite a mail redirect in place.
Once I received the Levy Notice for the second quarter (received on 29/3/2018), I immediately emailed the BCM as it was a whopping big bill (~$3511.57). Unbeknownst to me at this time, the Committee had already agreed to take legal action against me several days earlier, but it had not yet been initiated. I note that no courtesy email or letter had been sent giving me the opportunity to rectify first. (The Onsite Managers have my details as I have a tenant).
After corresponding with the BCM, I identified that obviously neither bill had been paid. I gave evidence that the Nov 17 levy had been paid in good faith, just to the wrong BCM. I then asked via email for the two bills to have their penalty fees waived due to this and my lengthy payment history. There was no response.
Two weeks later I followed up on my previous email seeking the penalty fees be waived, only for a lawyer to respond, now informing me that I also owed him the $220 lodgement fee, and $650 for court appearance (despite not going to court). He advised he would win costs if it went to court.
I responded, seeking a payment plan of $400 per month due to financial hardship, and politely advising that I was not paying any legal fees as there was evidence that I had already been pro-actively attempting to resolve prior to the threats of court action.
Due to the BCM and lawyer’s bullying behaviour, I sent a letter to the BCM, for the attention of the Committee, laying out what had occurred, what I was requesting and including all correspondence with the BCM to show transparency. I also advised that all I had sought was for the penalty fees to be waived under the ‘Body Corporate and Community Management (Standard Module) Regulation 2008, Section 145, Sub-section 6’. (I had called the Commissioner’s office for help). There was no response. Instead the BCM advised that the Committee had delegated the ‘payment plan’ to him, and still did not address the question relating to my penalty fees and legal charges.
I note that at this stage (11/5/2018) I had already begun my proposed $400p/m payment plan to show I was actively attempting to rectify in the meantime. At the end of the day, I acknowledged that the two Levies were indeed payable by me.
I paid the second quarter’s bill in full, however it was six days late. As I could not afford the to pay the non-discounted bill in full (an additional $192) due to my financial circumstances, it was paid at the discounted rate. The BCM became snarky on email and pointed out that “which by the way, you are not entitled to the discounted rate.” It was becoming very stressful. He refused my proposed payment plan of $400 p/m and advised he would only accept $600 p/m. Obviously I could not afford this since I was not working and not on Centrelink, which I had already been honest about, so I simply continued with my payment plan without entering into an argument.
The lawyer initiated Court proceedings which never eventuated into a court day despite my lodgment of a ‘Notice to Defend’ (it appears to be a tactic which they use to remove the mediation tool from the table) and now my growing bill reflects their two fees for nothing other than their bullying and threatening behaviour (the previously stated $220 and $650).
By August 2018 I had paid in full (at the discounted rate) my two late bills. I sent a letter on 29/10/2018 to the Committee informing them that I had paid the bill however it was still showing as a full ‘Arrears’ on my latest Levy Notice ($2,802.72). I again asked that the penalty fees/ charges be removed due to financial hardship, pursuant to the Body Corp Regulations mentioned before. I received no response.
Fast forward to now, I have received a letter from a new StrataLegal lawyer, and they are threatening court action against me for unpaid levies. The BCM has clearly ignored my letter which advises the Committee that my paid funds have not been accounted for.
It appears that StrataLegal will be lodging a NEW court proceeding against me which will cost an ADDITIONAL $220 lodgement and $650 court appearance fee (despite this appearing to be a tactic which only costs me further undue stress and no opportunity to actually attend court to resolve for good based on past behaviour).
I am stuck in an endless loop and do not know what to do. I am going to attempt to initiate Mediation since it appears that StrataLegal are planning a fresh case against me, but I will have to see if I am allowed by the Commissioner.
How can I resolve this unfair behaviour so that I can move on with my life? The Committee have been made well-aware that my financial difficulties have resulted in severe depression and anxiety however they refuse to respond or engage despite my genuine attempts to rectify?
I have sent two formal letters to their attention attempting to address this all-year-drama (11/5/2018 and 29/10/2018).
All that they are technically chasing me for now is unpaid penalty fees and legal fees which remain outstanding as they refuse to respond.
And how is the BCM performing their role correctly if they have not even accounted for my monthly payments- made via my Biller Code details which would trace all payments to my Lot anyway? Is an audit of their books necessary?
I apologise for this long letter and am incredibly grateful for any suggestions in resolving this for good.
Thank you so much Lisa,
Susan
Hi Susan
I feel for you. My best suggestion is to bring the account up to date as soon as possible to ensure that no further costs are allocated. Until the matter is settled then the body corporate and solicitor will continue to keep charging additional fees. Its a better idea to borrow and pay the fees in full than continue having additional charges added.
Once you’ve done that you can seek Adjudication for return of some of your funds. It will be very much a he said/ she said affair, and the scheme may seek to have additional legal costs added so be very clear of your case before proceeding. But, if you genuinely feel that errors have been made then be all means seek to quantify said errors and work out how much you feel has been overcharged.
You should be able to obtain a owner statement from the strata manager for the entire period which will show all debits and credits to your account, much like a bank statement.
Hi Lisa, we have situation where 4 different unit blocks, with 4 seperate Body Corps share a driveway. There is a main entrance into the complex (driveway) and a boundary fence at the other end, with a gate for pedestrian access. There is also a driveway bodycorp that we all pay into.
The residents of the unit block at the end of the driveway, nearest the gate have put lock on the gate and won’t give the residents of the other 3 blocks the key. Their reasoning is that it’s their boundary fence and gate therefore they have the right to do this.
I have survey plans saying that a pedestrian easement exists right up to the gate. The rest of this area at this end of the driveway is the common property of the residents holding the key. The rest of us are effectively locked in and only have access to our homes through the main entrance.
Fire services have inspected and say that duty of care applies here. We mY not be able to get out if a fire broke out. Council have inspected and say they have no more right to lock the gate than any of the other Body Corps. Verbal requests and a letter, with documents from Lands and Survey, to their Body Corp have been ignored. They had a meeting recently where the matter was discussed but won’t provide us with any information. The gate remains locked.
Where do we go from here? Any information would be appreciated.
Sue
Hi Susan
You need to seek Adjudication or Conciliation via the Office Commissioner Body Corporate seeking an order the gate be unlocked. To take this route you must have first tried to self-resolve, which your repeated attempts to discuss with the other body corporate seem ample evidence to me.
Call and discuss with the Office Commissioner Body Corporate. The question here is which body corporate is best suited to make the application. It may be the driveway body corporate, however, then you will need to have evidence of self-resolution there. As I said, discuss with the Office Commissioner prior to making the application to ensure your “ducks are in a row” first.
Hi Lisa, Hoping for your advice here. I am on the owner of a property on a 5 lot block. There are two entrances to the driveway, one which is shared by 4 units, and one driveway entrance which is for my unit (which is common property, though it only accesses to my garage). Recently a fellow owner (the chairperson) complained that there were stains on my driveway which I inspected and deemed reasonable wear & tear. Yet the body corporate went ahead and hired a contractor to clean it, and sent me the bill without my knowledge. No proof has been provided to me that these stains were caused by me. Am I personally liable for this bill, or should it be paid by the Owners Corp fees? Thanks.
Hi Louise
This is a curly one. On one hand, maintenance of infrastructure that services only one lot is the responsibility of the lot owner to maintain. And that could include oil stains on the driveway.
That said, there is a specific process that the owners corporation should follow before billing you for works undertaken, and even then it will depend on your by-laws allowing the scheme to do that. You should have been issued with a breach notice, stating which by-law you were breaching, and given a period of time to allow you to rectify.
If you didn’t get the proper notification then you could likely argue the committee acted without consulting you hence the cost is there’s. If they did give you notice, then unfortunately they have basis to charge you for the cost.
This information is based on QLD legislation and you’d need to double check if similar provisions apply where you are.
hi i have been on committee for 10 yrs making sure 4 units run well and maintained, with the help of another unit and my partner,and the proxy of a unit that dont live there ,my parents do gardening and tidy up and mow the grass for free for 7 yrs as they stop us paying them as we never had any money in a/c to save for bigger maintantence comingup, 1 unit after 7 yrs wants all meeting and books shown as she now says we are not functional, so we decided in 12/2018 to get things going forward, started meeting 2018 with a voted committee and she still will not turn up for 2 out of 4 meeting making it hard ,she says we are not legit committee and has started a adjusdication again us and we have to do a submission, we have done everything bccm has advised us on but this 1 unit continues to state legisation and sections etc and we have to run around trying tof find out what the hell is she talking about, she just cant be upfront on anything, she always has something up her sleeve to hit us with, we are trying to keep it simple but she must think we are a big complex and does not like being asked anything , she always asked question but no answers, she also tapes our last meeting and sunmitted to bccm is there a advice place we can sit down and discuss this with as its hard to write everything down thats happened on paper, we have always talked amongst ourselves when things need doing around units but she always says she never gets our post or emails ,she has not bothered in 7 years asking but looking at our books but we have no books we use the statement from bank to work on as we dont have many things to pay out or in, we really need help as it so hard to know all the legisation if your not a lawyer, we can affford a manager in as then nothing will every get done and we will never get anything in a/c to pay for up come issues, this unit like making oldies work and totallly a bully , she is very knowledgeable and could be a very good assett to us but she want to do it her way, she walked out on our meeting and we continued with meeting and voted a committee but she wants all minutes and committee cancelled as invalid, there has to be someone we can get to sort this out for us
Hi Maggie
That sounds challenging and disappointing. As you say, the owner obviously has something to offer, if she could only work with you rather than casting the existing committee as the bad guys.
Please ignore what she says about the appointment of the committee being invalid. It may be the case, but, as the appointed committee you have little choice but to continue “as if” everything is right. It will be up to the lot owner to object and seek conciliation or adjudication if she wants something changed. When seeking adjudication the owner must first have tried to “self-resolve”. That will mean she must try and negotiate somehow with the committee.
I suggest you keep a log of your interactions with the owner.
The lot owner in conflict may continue to object, but there is little you can do about her behaviour. She is able to attend general meetings. She may attend committee meetings, if she submits at least 24 hours notice to the committee, however she is not able to speak at the committee meetings unless invited to do so. Re the taping: tell her you do not consent to taping, if you don’t, and that to continue to do so would be an offence.
This is likely to be an ongoing issue. All you can do, without professional help, is keep on as you are. The Adjudication application has been lodged. Presumably you’ve made a submission. The Adjudicator will then make a ruling.
We purchased a free standing villa in Caboolture some 18 months ago and have had nothing but aggression from 3 … long standing members of the committee. We are in our early 80 and purchased the property because it had a tennis court and swimming pool which helped both our health and fitness. The pool is used by most of the residence particularly by family’s with small children but not by any of the above.
They now want to fill the pool in and turn it into a residents market garden. Both my wife and I are on a pension and no not have funds to seek legal advice. Could you give us some advice please.
Thank you
Hi Mal
If the committee members are aiming to have the pool removed your best bet is to vote against the motion. Whether or not that’s going to be enough will depend on how other owners will vote, or if they vote. Sometimes committees can rule schemes by the simple fact they’re the ones who vote regularly at general meetings.
Check your schemes general meeting minutes and see who votes at the meetings. The lots / names should be listed at the start. If it is just the committee you might need to start a campaign amongst the owners to get people to vote to keep the pool.
Hi Lisa, I own a unit in Tasmania in a block of 6, ours being in the middle on the ground floor. The unit upstairs but to our left has a leak from their hot water running under the shower and through the concrete slab which has badly damaged the unit directly beneath them, and has run along the walls into our kitchen and bathroom. The real estate agent and body corporate manager are in disagreement about who is responsible to repair the damage. I have had to rip out kitchen and shower and have been accommodating my tenants n Airbnb for 3 1/2 weeks so far. I have also been paying for an air dryer to try and keep our unit as dry as possible for thistle time. We cannot make installations and return tenants until this iis resolved. I am desperate! Who o is responsible? I have had all our plumbing renewed.
Hi Fiona
You should be able to make a claim on body corporate insurance for the repairs to your unit and the loss of rent. Make sure you get on to making the claim immediately as the assessor will likely want to assess the issues. Discuss with your strata manager.
The responsibility for the works will lie with the owner of the leaking pipes. If its infrastructure that services only the one lot, then its that lot owners responsibility. If its infrastructure that services two or more lots its body corporate responsibility. In the short term it doesn’t much matter: get the issue fixed! Then you can go about reinstating the properties and arguing over who is the responsible party. In that case its likely better the body corporate take point. They can oncharge costs to the owner if required.
In the meantime all affected units should be having discussions with the Insurer and / or broker.
Hi Lisa
Such a great site! I am looking to buy into a strata block and will have a dog. There’s no rules against pets (VIC) in the by laws but my concern is related to fencing. The fence of the place I’m looking at buying is high but the dog I’m considering is a climber and a jumper. I’d like to add an extension to the fence that leans into my yard on a 45° angle as that will prevent escape. I’m happy to go with colour coordinated materials so they match the timber fence if I can or white wire if that’s the closest match I can find. The yard is at the rear of the block and not visible from the front Street. It is bounded by two alleys so I’m also wanting to add the wire to increase my own safety as I live alone. The strata has some pretty onerous rules of their own (not just the standard rules you see) regarding no sheds in yard, no changes to building etc that suggest they may say no. Note it’s a boundary fence but I am willing to meet ALL costs related to the fence extension myself. Do I have any grounds to dispute with them if they decline my request to add the extension? The rear balconies do not appear to have a view into my yard and only potentially one neighbour to the right might be able to view the fence extension.
Look forward to your advice thank you!
Judi.
Hi Judith
Things are a little different in VIC to QLD where I am. The following relates to QLD. It is likely quite similar where you are but do seek further information before proceeding. Try Flat Chat Forum. They have VIC experts.
Owners and committee are required to act reasonably in making decisions. A lot will depend on the decision made and the reasons given for that decision, if any. To dispute the decision you would need to build a case that the decision was unreasonable. The body corporate would likely defend the matter stating their decision was reasonable and the whole thing would then be considered by a Judge as I believe in VIC you need to go to VCAT.
You might be better off choosing another property if they refuse. There’s no guarantee you’d win and its hard to live check by jowl with people where your first act was to sue them!
Hi Lisa,
I’m considering entering into a dispute with my body corporate over subsidence and cosmetic damage caused by leaking sewer pipes.
Since the body corp and the committee refused to fix it.
I would like to obtain legal advice before proceeding.
It would be much appreciated if you let me know your opinion over this issue.
Thank you.
Hi Phoebe
Its a good idea to obtain legal advice before proceeding. There are a lot of variables that can impact on this matter based on the facts of the situation, the type of plan the scheme is, where the leak occured, how and when it was fixed and what damage was caused.
Hi Lisa
I live in a townhouse and have a huge problem with a very large gum that belongs to my neighbours and is situated on the boundary line. It is growing through the fence which is a chickenwire fence and this fence is destroyed because of the tree. It is massive and drops huge branches and a large amount leaves. I have been asking the body corp to replace the chickenwire fence for years. I have asked them to address the problem of the tree being on the boundary line and therefore hindering a new fence being put up. I have got nowhere. On January 19 our house and the villa next to me flooded as a direct result of the water coming in from the neighbour behind. A fence would have stopped a lot, if not all, of the water. I know this because the townhouse adjoining mine put a colorbond fence inside the boundary fence and they did not flood at all. As a result, all the water that would have flown onto their property then came into mine. My backyard and entire downstairs, including my garage with my car in it, flooded. I basically need to replace everything (bathroom, laundry,living room, kitchen, tiles, carpet, etc). Although body corp has insurance, I live in fear of this happening again as we are having major flooding rains at the moment. I am extremely annoyed that in the three weeks since the flood, no move has been made on body corps side to deal with the problem. Surely body corp should have done something by now?
Hi Carol
There are two things going on here: 1) the boundary fences in a body corporate are body corporate responsibility. You might need to issue a form 1 Notice of Contravention of By-law (look in the by-laws for something about keeping property well-maintained) to force them to act. If they do not act on your form 1 then you may seek dispute resolution.
Second thing is that fencing and trees are covered under the Neighbourhood Disputes (Dividing Fences and Trees) Act. You can read about responsibilities here. Bear in mind as its a boundary fence the committee will need to act on behalf of the body corporate.
Hi Lisa
I just was wondering if you could clear up whether the Body Corp needs to attend to the tree problem. It is on private property that belongs to my neighbour. It is affecting the fence being repaired or replaced. They are saying it is up to me but as it is on the boundary and the fence needs replacing I thought they would be the ones to do what needs to be done.
Thanks
Hi Carol
Yes, the body corporate is responsible for boundary fencing. They should deal with any matters affecting the boundary.
Hi Lisa
I just was wondering if you could clear up whether the Body Corp needs to attend to the tree problem. It is on private property that belongs to my neighbour. It is affecting the fence being repaired or replaced. They are saying it is up to me but as it is on the boundary and the fence needs replacing I thought they would be the ones to do what needs to be done.
Thanks
Hi there,
This site is really helpful and all your thoughtful responses to people’s queries are appreciated. I have bought a town house in the Canberra ACT, it has an old air conditioner unit that was on common property. The old air con unit is approximately 30 to 40 years old placed behind some trees (not easily visible but on common property), we replaced it for a new unit, as we were told it was fine to do this if it is a like for like change (old air con for new aircon) by our project manager, the information we received was wrong and we needed to apply for permission from body corp, which I accept.
However, my question is should I be allowed to keep the new air con unit in its place? We are writing a response in which we are offering to invest money in planting some additional native shrubs to completely obscure the unit, as well as suggesting that it is reasonable that if the aircon unit was an issue it should have been raised and addressed within the last 30-40 years prior. Is there a squatters rights clause for air con units?
I spoke to someone on the board who advised that at some point the previous owners were told to move it (30 years back), but they hid it with planting instead and no-one raised it as an issue until we replaced it (decades later). He also raised the issue of noise coming from the unit, which to be frank, is an outright lie, as he claimed he can hear it clicking off and on all night (we only run it from 2pm to 5 pm) so I can already see the case that he will be raising against us having the unit there, on the other side the ancient unit would have sounded like a freight train in comparison! We spoke to our neighbours who advised there is no noise. It sounds like there is a long old standing culture on the committee in which they are wanting to ‘crack down’ on all the new tenants doing things like changing doors and installing air con.
He also advised that we were ‘lucky’ as they could have gotten a lawyer to send us a letter to rectify the issue, costing us hundreds of dollars on top of the movement of the unit.
Any thoughts are appreciated.
Hi Danielle
Its hard to know how a dispute like this would turn out. Here in QLD I would say that you would need to try and self-resolve, as you’re doing, and if you can’t negotiate a settlement with your committee seek an Adjudicator that the air conditioner be approved at its current / old location. Common sense would dictate that since the system has been there so long its not a problem. Its a guess about how this may turn out if before an Adjudicator though. If the old owners were told they would need to move the air conditioner, and didn’t, then there is an argument there for the committee.
The committee is required to act reasonably. In your position I would get a letter from the neighbour saying they don’t mind to support both your application to committee and, if you want to go further , wherever disputes are heard in Canberra.
Hi Lisa
I own the townhouse for 18 months now . Due to financial difficulties I was not able to pay levies where only partial was paid . They escalated to strata lawyer and I was on payment arrangement since last October where I was paying 100 weekly and their strict condition was new levy need to pay on time . I paid new levy in November and there was another levy to pay on Jan where I was not able to pay and was left behind and they took this to court for judgement purpose . I again propose 100 weekly and will pay new levy on time . However committe declined my offer . My question is if they enter judgment against me can I pay installment in court ? I also made clear and purpose that I will pay weekly 100 and pay new levy on time . But due to previous breaching they are not willing to offer despite of my hard situation.
Hi Soraang
I’m not altogether sure what the arrangement is with payment of amounts due when Judgements are made but I think the court will have the power to refer the matter to Bailiffs who can seize assets or garnish income. You’d need to discuss with the court when the situation arises. If you can borrow the money to settle the judgement that would be ideal.
I think you might be in a lucky position because there is likely to be deferment or extension of debts like this given the current Covid-19 situation. If you have a Solicitor talk to them. If not talk to the body corporate Solicitor and see if they can help.
Hi Lisa,
I have one lot in Airlie Beach of 100 townhouses…We have just had new roof on all townhouses last year to be completed by July 2020 from cyclone debbie. I have received a letter from body corp in May 2020 stating that the roof needs to be redone as the inspector has said it is incorrect roofing ??
I have been in this scheme for 11 years.. The levies started at $1035 three times a year…since yasi and debbie the premiums are now up to $4700 four times a year…. the lot owners have been told we are up for extremely high insurance premiums again this coming year 2021.
Surely if the roofing has been done wrong it should be at the insurers expense to re do ?
Along with covid-19 and being self funded retiree with no income except rent which I have had to reduce to help tenant, which is not covering the outgoings.
Seems there’s no hope I have listed the property but cannot sell due to outgoings. I paid $440,000 it is now valued at $270,000 so do I just hand over the keys and walk away ? Seems the so called body corp management don’t care even when you raise the issue of affordability. Also the committee is made up of all the leadership team that originally built the place and they decline payment applications. Surely they cannot keep raising the levies to this extreme. Especially now ?
Any suggestions
Thanks
Jackie
Hi Jackie
Unfortunately there isn’t anything that you’ve said that makes me think your body corporate is being managed in a way that is inconsistent with legislation. The real driver of cost increases here is the insurance. The cost of insurance in far north Queensland has exploded to a detrimental level for body corporate’s. They must be insured, but the quotes are so high. But if that’s how much it costs the body corporate has no option but to raise enough funds via levies to cover the cost, despite what impact that has on affordability. Its a horrible situation.
I think if the roofing was done under an insurance claim it should be up to the contractor who did the works to make good the works and the Insurer as the group who selected the contractor to chase that up.
Keep asking for the payment application. Under new rules passed due to Covid-19 they need to make these arrangements. That won’t have any impact on already commenced legal action for collection outstanding contributions.
I wish I could offer you some hope here Jackie. This is the reality being experienced in bodies corporate and homes all through the cyclone affected areas of Queensland. Its tragic.
We have owned our unit for 10 years. Our front-entrance fire doors have a dead lock and weather strip which were both in place when we purchased the property. Fire door inspections have routinely taken place over the past 10 years without any problems regarding either the lock or weather-strip.
A recent fire-door inspection has highlighted the lock as a problem along with a weather strip fitted to the bottom of the door. This could be a very costly repair – are we liable for the cost?
Hi Brian
Potentially yes you will be. If the lot owner made a change to common property, and that includes previous owners (when you buy you take on all the liabilities attached to the property including previous changes), then they are responsible for making good the common property. Fire doors are common property.
Do other doors have similar issues? If they do then potentially they could have been done by the body corporate. Otherwise its likely a lot owner change and responsibility. I wouldn’t offer to pay unless asked though as the body corporate may rectify.
Doesn’t say much about your previous fire door inspector!
Hi, i owned an apartment in melbourne n have been having issues with body corp.
There was a leakage issue confirmed may 21st 2020 but body corp kept shifting the issue date to nov 2019, then tp may 2019. We paid for our own building inspector to trace the leak because OC manager refused to send a leak specialist. They sent a plumber to do visual site inspection n put the blame squarely on my unit. They ignored our inspector building report which clearly spelt out other areas of leakage. They continued to use their inaccurate plumber report to insuranve body as well as the OC solicitor. They came up with special rules on the fly n ignored our request for clarification when the special rules were passed n who were the committee members present to pass the special rules. They also ignored our request for grievance process n also ignore our request to get access to OC committee members. They now insist the common area leakage is also due to our water proofing. The balcony waterproofing leakage was due to ballastrate leaked into flushing.
The affected apartment wss rented out around the same time in 11/ 2019 the body corp manager first claimed the leak started. This date was shifted back to 1/5/2019 in their insurance claim. The tenancy at the affected apartment started on 1/11/2019. We had issues with all these changes of dates, negligence in follow up by the said Body Vorp manager. Please advise what is our next best action
Thank you.
Hi Deborah
I am in QLD so not the best person to ask this of. I suggest your next step may be to talk to a Solicitor.
You can try posting the query on Flat-Chat Forum. They have people there who are experts in VIC.
We are in a block of 10 units. Originally 8 wanted to paint their unit White, which myself and one other unit decided we didn’t want to do. Since that time 2 other units have decided that they don’t want the painting done either, leaving just 6 left that wanted the painting. The body Corporate has sent out a letter to all of us stating that the painting is not approved as not all 10 units have decided on a agreed upon colour. During the process we indicated that we would be agreeable to almost any colour but white. This went nowhere as they are all firm on white. Next week I understand that the 6 units will go ahead and paint regardless of the wishes of the Body Corporate. Do we have any recorse. I can’t see any action that will stop them from painting, so it is not an easy situation. Can you help us? Thank you,
Lance Workman
HI Lance
If the colour of the scheme is being changed then it requires a motion by special resolution to pass to be able to do it. If white is the colour of the scheme now then an ordinary motion at general meeting is all that’s required to pass the motion to paint. If the colour stays the same the 6 lots will be enough to swing the vote.
If things have not been approved via general meeting then you will need an interim order to stop the painting. Talk to the Office Commissioner Body Corporate. This is a form of legal action and they will talk you through the process of making the decision
Dear Lisa. We live in a one bedroom unit on level 3. It is south facing. The body corporation decided to cut out the trees adjacent to the building. There are two buildings in total. Being owners we have objected a number of time and asked to find a compromise. We wanted the trees to be saved. This morning the trees were cut out. However, only near our building. The other building (also south facing) did not lose any of their trees. This is very unfair. Our windows are now exposed to the alleyway underneath and a dirty soil. The alleyway looks like it has a rectangle of trees cut out of it. We wrote a letter to the chairperson and begged him not to cut the trees completely but only trim them. He replied angrily that it was not appropriate to send a letter to him and think about fellow residents below and not our own preferences. He also mentioned that “no attempt should be made to badger other residents on this matter”. This was on Thursday. On Friday a strata manager advised that the trees would be chopped down today. They say there is mould growing on the building (it is on all sides, not just the southern side) and the residents on the ground floor and even the first floor have little privacy and a hedge should be planted to provide them with that. Now all of our windows and the balcony are exposed to the alleyway underneath. Also there is a block of unit facing our windows. There is very little privacy.
We are concerned that there was no consultation with us, the matter was rushed and other trees on the southern side have not been chopped down completely. There is no uniformity. The strata manager did not even reply about this matter. He is employed by the body corporation and does what they say.
What can be done in our situation? Today they cut out 12 trees (maybe more) under our windows. Because they were within 3 m from the building, council said they were allowed to do that. However, we were not allowed to dispute that. Our view from the windows looks horrible.
Please advise how or to whom we can complain.
Hi N
In Queensland disputes between owners and committee are controlled via adjudication Office Commissioner Body Corporate. I’m not sure what you can do, the trees being gone now. Probably the place to start is to find out whether the approvals were appropriately arranged. There should be a committee meeting minute noting that all committee voted yes to removing the trees and why. Potentially if the trees were on common property and causing an issue to the building then committee is able to do what they’ve done.
The whole “don’t attempt to talk to others…” is bogus and just a way to shut you down. You are more than welcome to dispute any decision made by the committee and discuss with other owners as you see fit and they’re prepared to participate.
As I said – investigate background of the matter in body corporate records and then explore options re Office Commissioner BC. Maybe you can insist that trees are replanted.
Hi Lisa, my dispute was not addressed. I wrote to the strata manager. The trees were allowed to be removed. I checked with the council as they were less than 3 m from the building.
I found out in March- April, just by accident from their minutes that they want to remove the trees. All together 22 trees were taken.All mature, 14 or 15 years of age. This was done to accommodate the ground floor unit. Also the residents above them (we live on a higher floor) wanted more light and air.
Do I have any legal rights here/ I am in NSW. Where do I find free legal adivce? Thank you
Hi N
Try posing your question on the Flat-Chat forum. They have NSW experts there.
Hi
I am a tenant in a block of 40 units.
This complex has an intercom system that has not worked since around 2016. Currently The only way anyone can enter the property is via the 2 front gates is by using a key. So if we have visitors, deliveries etc, we have to physically go down and let them in.
On 4 occasions I personally have had to go down and let Ambulance/EMTinto the building, fortunately Each time I have noticed the blue flashing lights or have happened to be looking over my 4th floor balcony and noticed them trying to get into the complex. One of these instances a small child required urgent medical attention and the parent whom called 000 was unable to go down to let Emergency Services in.
My question is.. Can they Legally refuse to fix the intercom?
I know for fact it has been voted against at Body Corp Meetings.
Cheers
Erica
Hi Erica
Its a bit of a grey area. It depends on why they’re voting against the measure. Probably not is the short answer but circumstances may dictate that its reasonable to refuse to repair.
in
To do anything about it an owner would need to make an application for Adjudication seeking an order that the intercom be fixed.
Hi,
I live in a townhouse with 3 units on Bribie Island. The first unit has recently been sold and now is owner occupied, as is the other two units. We have been running our own body corporate for about 5 or 6 years. The new owners asked to install something so their cat can not climb the fence. In the meeting they were not quite sure what they would use yet. It was said in the minutes that they would have to show the plans and materials to the owner of unit 2 and be approved by unit 2 as they share their adjoining fence as they suggested they wanted to go higher than the current fence. They notified everyone that materials were ordered (which did not state what they were) Next minute construction had started. We currently have all timber boundary and partition fences. They decided to line the inside of their fence with concrete panels and have extended up to 700mm above the current fence line in parts. On the side with street view they have extended over the fence by 400mm (which looks terrible). Unit 2 has has their view of the street removed, airflow reduced and has created a very dark corner in their courtyard. They did not show plans or materials to unit 2 and have now completed the job without body corporate approval. We will be holding another meeting to inform the owners of number 1 that they have to cut their concrete sheets back down to the current fence height as it is against the community management statement as per standard module. I writing to you for some advice if they refuse to bring it down to the fence line.
Hi Dennille
The fence is not approved by committee. You must try and resolve this with the owner. Committee can send a breach letter outlining the body corporate position asking them to remove excess height. If they do not then you will need to follow the dispute resolution process. That is issue of complying breach notice giving the owner time to carry out works. Then seek conciliation (negotiation with the owner) and if that doesn’t work Adjudication (Adjudicators Order to remove).
Remember committee is required to act reasonably so make sure you have and set out clear reasons why they are not allowed what they’re installed.
Thankyou so much Lisa. You have been ever so helpful. Have a wonderful day.
I own a property in QLD that my daughter and fsmily live in
Recently we noticed that part of the fence was rotten so I wrote to the bodycorp asking if we could get it fixed or replaced.
This was dealt with in a different way to a fence issue on my other property
The committee who consist of 3 members 2 of which have bullied my daughter over the years organised for a couple of fence company’s to attend the property for quotes
This was done by the commitee member shouting out at my son in law that a contractor would be coming to the property at this specific time to quote the job
This meant that one of my family members had to be home at the commitee members orgsnised time to allow this to take place
This happened twice for both of the quotes.Then today we get a copy of the AGM meeting minutes which says that the committee members must first sight the fence before a decision can be made
This situation is extremely uncomfortable for my family as the 2 ladies the chairperson and commitee member have caused extreme distress to my family over the years and they would have to go onto the property which is private at the back of the house.
When I had a similar situation in my other house my home I was the one who as asked to organise the quotes and present them to the bodycorp meeting for approval.
I feel that the bodycorp should be organising this and not the commitee members and it should be put to a vote to ALL owners as we all pay our fees equally.
Why do 2 women have control over this whole situation it does not seem that the bodycorp are doing their job
Some advice and insight would be appreciated
Thank you
Hi Karan
The committee are the authorised persons who may act for the body corporate.
I would write to them explaining that you are uncomfortable having them onsite due to bad feelings. Take video and photos of the fence and enclose. You could also get quotes to have the fence repaired yourself, which, like you, I would have assumed would be what committee would have asked.
If they hold firm to their idea they must inspect ask them to appoint someone else or alternatively submit a conciliation request through Office Commissioner Body Corporate.
Hi there, i have a question please. I have made a request to my body corporate to add a key lock box on the outside of the building. We live in a building that has a serviced apartment company operating some of the apartments. We are an independant owner renting our apartment seperate to the served apartments company. There are alsreay two lock boxes at back entrance and a large lock box located at the front which is used by the serviced apartments within the building. We would like a lock box also, and given they have a lock box on the front entrance see no issue with our request being approved. Body cororate have declined our offer. Is this something that we can dispute? Thank you in advance for your help.
Hi Amy
That does sound suspicious. Is there a reason given for the refusal, either on the correspondence or in committee meeting minutes?
If the body corporate has chosen to remove all of the lock boxes, then I would suggest that no, there is little you can do. If however you are being singled out as the only person that is unreasonable and I would contact the Office Commission Body Corporate. Discuss with them what you would need to do in order to seek conciliation to discuss or an Adjudicators Order your lock box be deemed approved.
Thanks Lisa, appreciate the quick repsonse. No reason given as yet, we have said we are unhappy with their answer and have asked them to come back to us again after the next committee meeting as this decision was made outside of a meeting. We will hear on the 12th May what they decide. We believe it could be due to the fact we are not renting out apartment through the business in house. As there is a precedent we would have thought a yes response was coming. Thanks again for your response
Hi Lisa, my Body Corporate is in dispute with one of the owners who wants to change the use of his commercial unit from a florist to a coffee shop and he needs Body Corporate approval/support to lodge his Development Application with Council.. At this stage I am the only owner that supports the change of use. The owner wants to take the Body Body Corporate to court and the committee has indicated it may need to place a special levy on owners to pay legal fees. Am I obligated to pay this special levy even though I support the change of use and have no dispute with the owner taking the legal action?
Hi Glenn
Yes, a body corporate is a majority rules environment. If the majority rule that a special levy be raised then unfortunately all owners will need to pay, including he commercial lot.
Hi Lisa,
I have a few issues with my building’s Body Corp committee. I am an owner. The caretaker was entering my apartment whenever I wasn’t home and I caught him twice inside my apartment without my permission. The caretaker was also taking photographs of inside my apartment and showing them to the Body Corp committee and going through all my private things and telling the committee all my private business.
I also found a number of items damaged and money missing, which is how I became aware he was still entering my apartment without my permission or for any legal reason.
I had complained formally against my apartment being entered without my knowledge or consent – and no emergency – but clearly nothing changed and it was only recently I was told the caretaker kept entering my apartment and was taking photographs of inside my apartment and showing the committee and discussing all my private business, of whom one committee member told some other owners of my private business he had been told by the caretaker.
I don’t do anything illegal nor anything out of the ordinary, so am beyond shocked why this was happening.
Can I sue the committee for this invasion of privacy or the caretaker or both – who has since sold his management rights? The thing is the committee were all aware the caretaker was entering my apartment continually without my knowledge or consent and did absolutely nothing to stop this, so allowed it to continue, even after I had complained and they said it’d never happen again – yet they knew and allowed it.
Hi Jenny
I feel you should speak to a solicitor about this issue. Its not a body corporate issue the Caretaker entering an apartment. Your argument is with the Caretaker and not the committee. It sounds like criminal activity to come into the property and go through stuff, however, I’m not a solicitor, so as I said, best to check with someone who will know for sure.
Hi Lisa
I am the owner/occupier of an upstairs unit in a 4 unit block, 2 ground floor units and 2 upstairs units. The steel post supporting my balcony and the roof are seriously rusting around the base coming through the balcony floor. The rust is expanding and breaking the tiles and I fear it will eventually lead to spalling. I showed the Body Corp pictures of the damage at the AGM in March 2019 and again at AGM’s in 2020 and 2021 and nothing has happened. Contractors come and look at the problem and that is the last I see or hear from most of them. This year 2 quotes were published and both required others to remove and evt replace the broken tiles. I think that made the problem too big for the Body Corp Management. 3 units are tenanted and I am the only owner-occupier. I fear that the other 3 owners would be happy with just a slap of paint, as has been done before. I have owned my unit for just over 5 years. Here in Townsville, the air is pretty laden with sea salt, which does not make the situation any better. What are my options??
Hi Per
This is a challenging one. If you’ve submitted invoices to the body corporate on more than one occasion you might have satisfied the requirement for self-resolution prior to making an Adjudication application. You could seek an order the body corporate be compelled to complete the repairs within a specific timeframe, say three months.
You could submit a motion to your committee that they proceed with works as quoted. The committee, if elected, should then vote on the matter.
Another alternative is to submit a motion to your next general meeting to vote on the matter. Your motion should be voting between one or two quotes, depending on cost of the works and your scheme’s major spending limit, and propose funding options, such as payment from existing sinking funds or raising a special levy.
If the motion(s) as proposed and not passed, then you may need to look at seeking an Adjudicators Order that hte works be done. I’d suggest discussing with the Office Commissioner Body Corporate.
Hi Lisa. I live in a building of 90 units, We have a resident that is sending emails to body corp, about minor issues, and is costing all residents money being paid to our manager, for his time to reply, I am talking multi emails, He seems to have an agenda to disrupt, or prove a point, that he knows what the majority want, which is not the case, no one I have talked to support him. Question being, can the body corp. block his emails, or take action to stop his infuriating annoyance.
Hi Donald
Yes, it is possible to block an owner who is utilising too much of a manager’s time. Have a look at this article by Hynes Legal.
The crux of the matter is whether the body corporate has a by-law about not causing a nuisance. If you do then it will be a simple matter of enforcing the by-law. If not, you might want to try and register said by-law.
thank You I will see if there’s a by law.
Hi Lisa,
This thread you have created is sensational, I am hoping you can offer some advise on my matter please,
I own unit 2 of a duplex and am having issues with access to the electricity meter box which is located on the wall of unit 1 behind a locked gate. This is causing many issues with electrical meter readings and other maintenance work as I contact (txt) the owner every time but they do not always allow access.
Where do I stand with this issue?
Regards Dan
Hi Dan
This is a complex question and you might be better off asking a Solicitor. You could pose your question on the lookupstrata.com.au website and they might be able to find a lawyer to answer.
In the first instance check your by-laws to see if there is anything in them controlling access. Possibly if the developer thought about it there might be some provision on how this is to be handled. The first step will be discussing with the other owner. The ideal solution will be to work out a framework that suits you both to access the box.
Hi Lisa,
Many thanks for the reply and information,
I believe it to be shared common ground as when the new owner moved into unit 1 they erected the fence around the meter box as it is on “their side” of the duplex ground when there wasn’t a fence to begin with. I just thought maybe there was some governing body that could intervene as this could be a safety issue as well as it being a nuisance every time access to the meter box is needed.
It looks like the path of the courts is the only way.
Hi Dan
Ah … no sorry. The only government body is the framework for handling of disputes via Office Commissioner Body Corporate and that’s essentially body corporate court.
Hi Lisa I need some advice. I stay in a villa units complex of 6. My neighbour garage is next to my garage but is more resessed then mine creating a space about 3m Infront of his garage door. And the owner of this unit is been using it extra parking space which is not a allocated parking area and as common property. Which was allowed or rather cortously this owner could use this space. However with covid from 2020 the owner
start to run a business from his garage which now the owner park out more about 1 m from his garage door to have access freely to open it up. However with the car stand so far out it now creates opstruction in a way that we are struggling to turn our car around. To get into our garage
Due to the narrow space of our common area. We once spoke to the owner which was fruitless. We then complaint to body corporate management which contacted him. We after all owners then received an email with the body corporate rules attached.
The owner still did not comply. We then approach our lawyer. The lawyer send a email to the body’corporate management. To speak to the owner again.
Nothing happened. Which we then contacted the management agent of our complex to ask if the owner was spoken to. Which I was told yes and frankly there is nothing more they can do. Our lawyer has then got the Municipality involved with a letter. We received a letter back that this is not public land they could not get involved in this its Common property of the complex. This owner also have now start to use utes parking Infront of our garage door obstructing us after this issue with of his business debacle that compounded the issue
We then received abusive intimidation response via email where all the owners of the block was cc into it as projecting as vilians about this matter.
The issue here is where do we stand as owner’s if I cannot have free access or obstruction to our unit or garage in this matter if the body corporate management has no teeth as such. As why do I have then to pay body corporate management fees etc as my right as owner is not valued or protected to inforced the bodyc corporate rule of common land etc. Im from Victoria
I need your advice please
Hi Gert
This is a dispute that needs resolution. Here in QLD the next step would be to get an Adjudicators Order on the matter, which is essentially a court order that the owner be directed not to park there. I think in Victoria you need to do this through VCAT though I’m not sure. Discuss with the gurus on flat chat forum. Unfortunately when dealing with an inconsiderate person sometimes legal action is your only option.
This will not help with the intimidation and possibly make it worse. Keep a record of things that happen and if you are ever concerned for your or your possessions safety call the police. That behaviour is illegal and police can help. Sadly they can’t with the parking.
Do you have a committee? They should be sending breach notices to the offending person. Keep trying with your strata manager. It is a breach of by-law and the body corporate should be supporting your case.
Our caretaking agreement is not very specific and owners are now being forced to pay for outside contractors to perform these duties.
I read on one website this morning where 8 RAN’s had been issued, costing the owners some $300,000.
and the cases were dismissed. If we assume we are being short supplied some $20,000 worth of caretaking duties a year and it is then costing us $30,000 for outside contractors, this could mean over 10 years it would balance out. With me at 73, would I need to worry about that.
With all seniors in our complex the thought of taking action against this new caretaker is daunting.
Hi Christine
Unfortunately what you’ve discussed is common. The contracts appointing the Caretaker are often ambiguous or leave out things. Plus they carry on for so long (25 + years in some cases) that the world evolves and new requirements come in. And the RAN’s are seldom successful in court.
The best way forward for owners is to vote NO to any extensions for agreements. Eventually the contract with either expire, or, more likely, the body corporate and Caretaker will renegotiate the contract for better terms both parties.
Hi Lisa,
We purchased a townhouse approx. 2 years ago, when we purchased the property we were told that there was a leak in the ceiling, however, this is something that the body corporate will take care of. We attempted to get this problem resolved on several occasions. They sent a plumber on 3 occasions and each time he stated that he could not see anything. Now with all of the recent rain, our ceiling is about to collapse. We can also see there are other defect issues with this property, obviously the heavy rain led us to these issues when we never knew they existed before.
The care taker sent an email to our body corporate when we moved into the property asking them to put us on the QBCC defect list, however, this was never done. Are you able to provide any advice or guidance re. this, we just have no idea what to do or who to turn to and our body corporate manager will not take our calls or respond to our emails.
Hi Mia
Its pretty slack that your strata manager / committee don’t reply to emails. Don’t give up. It is common to have to agitate consistently to get works completed. In the current situation you’re likely to be only one voice in a loud chorus. If there is clearly a leak in the ceiling then obviously the water is coming from somewhere.
Report in writing to the body corporate again. Follow up your request in a couple of weeks (bearing in mind committees meet infrequently) and keep following up. If nothing gets done consider talking to the office commissioner body corporate about the dispute resolution process.
If there is not a committee for your body corporate consider joining. Many people join committees to basically get projects that affect their own lots done. It is an easy way to keep the matter at the top of the agenda.
Firstly, you should be commended for providing advice and feedback to lot owners. Thankyou.
We own a unit of the Gold Coast in a BCS. There is a Strata Management Team employed to manage the affairs of the BC. We wrote them 3 months ago to seek approval for improvements to an area at the back of our lot. We have followed this request up 3 times, and still no response.
What can we do, we feel that it is run as a “faceless” organisation ?
Hi there.
We are renting in a duplex where one of our neighbours regularly asks to check things out as he is the spokesperson for the 3 units.
He comes unannounced often and it’s becoming too much for us.
Does he have to give us 24 hours notice before approaching us like the land lords need?
Where would I go to find this info ? MANY THANKS
Hi Joel
Yes, there will be requirement for notice before entering the property. Refer to the by-laws as they will give details of how long. For non urgent matters I think seven days is required but that may be amended by by-laws.
Where we have a single pet policy can the committee give approval to a new owner to have 2 large dogs.
Hi Margaret
This is a curly one. The committee should act in accordance with by-laws. However, the by-law restricting to one pet is almost certainly invalid. Failing to approve would open the body corporate up to adjudication by the owner with the dogs.
Indeed, there have recently been changes to the BCCM Act that makes it explicit bodies corporate cannot limit the number or size of animal. These changes have not come into affect yet but will soon.
I’d suggest committee should approve the dogs and then set about amending their pet by-law.