Category: Body Corporate Law

In recent years, many buildings around the world have suffered damage because of fires relating to their combustible cladding, such as the Water Club USA in 2007, the Roubaix Residential Tower France in 2012; the Torch Tower Dubai in 2015; and (most notably) the Grenfell Tower London in 2017.

As a result, regulators have been increasingly concerned about cladding and the effect it might have on fire safety within buildings. Continue reading New Queensland Combustible Cladding Law – Call for Bodies Corporate

I am frequently asked to provide simple guidelines for a body corporate to safely tow a vehicle from common property. Unfortunately, from the body corporate’s perspective, no such guidelines exist. In essence, each situation needs to be assessed on its own unique merits. Continue reading To Tow or Not To Tow

On 12 October 2016, the High Court of Australia handed down its decision in the matter of the decision of Ainsworth & Ors v Albrecht & Ors (also known as the Viridian case).

This is a case with very significant implications in relation to how bodies corporate make decisions. Continue reading Viridian High Court Decision

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

Bodies Corporate and Committees make decision on countless different matters relating to the administration of their scheme, including:
Continue reading Tips For Making Reasonable Body Corporate Decisions

OVERVIEW OF WORKCOVER SCHEME

The Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“Workcover Act”) establishes a workers’ compensation scheme for Queensland, the purpose of which is to provide benefits to workers in respect of workplace injuries or fatalities, Continue reading Workcover In Queensland – A Body Corporate Focus

The recovery of unpaid body corporate levies is an issue close to the heart of most body corporate committees and managers. Experienced delinquent owners can in some cases drag out the process for many years and even avoid payment entirely. Continue reading Recovery of Unpaid Body Corporate Levies Part 3: Legal Proceedings

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