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Tony, Michael and David Partners at ABKJ

“Get Off My Water!”

With over 400 kilometres of constructed canal frontage on the Gold Coast, and an ever increasing number of recreational water users, the potential exists for conflict between property owners and people using the adjacent water ways.

Any waterfront property owners or regular water users reading this could probably relate a relevant story. The writer has personally observed an upset waterfront property owner throwing rocks at a kayak fisherman, fishing in the adjacent canal, encouraging him in an enthusiastic fashion to “get off his water”. Continue reading “Get Off My Water!”

Tests For Reasonableness Of Body Corporate Decisions

Last year, we published an article about tips for making reasonable Body Corporate decisions. The leading case in the area was the Queensland Civil and Administrative Tribunal (QCAT) decision of Re Body Corporate for Viridian; Kjerulf Ainsworth & Ors v Martin Albrecht & Anor [2014] QCATA 294.

However, the lot owner in that matter appealed the QCAT decision to the Supreme Court (Albrecht v Ainsworth & Ors [2015] QCA 220 (Viridian)) and the Supreme Court recently handed down its appeal decision. The appeal reversed the earlier QCAT decision and clarified the law in this area. Continue reading Tests For Reasonableness Of Body Corporate Decisions

Recovery of Unpaid Body Corporate Levies Part 2: Penalties & Costs

TIP 5. Know the penalties you’re entitled to charge and make sure they are properly authorised

The late payment of levies by delinquent owners is a disruption to the smooth operation of a community titles scheme because it causes the body corporate not to have its budgeted cash flow, which if not properly managed could disrupt the supply of services by the body corporate. Continue reading Recovery of Unpaid Body Corporate Levies Part 2: Penalties & Costs