The Queensland Government has now enacted the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (referred to in this update as the “Regulations“), which was expected to legislate for the State of Queensland the National Cabinet’s ‘Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19’ (referred to in this update as the “National Cabinet Code“).
Continue reading Commercial Leasing Code – Covid19Category: Body Corporate Law
ABKJ Lawyers have been involved in large and complex Body Corporate transactions and disputes for many years, representing Managers, Body Corporate Committees and individual unit holders during this time.
Rectification of building defects
With media reporting that the alleged cost of the rectification of the infamous Sydney Mascot Towers could exceed $50 million, it is timely to look at the current law relating to building defects in a body corporate context.
Defects in the common property (i.e. in essence, anything other than the inside of individual apartments – for more information, see our recent article regarding how to read your scheme’s survey plan) should be of concern to owners in community titles schemes, particularly in relation to new buildings. Broadly speaking, the body corporate is responsible for maintaining the common property.
Continue reading Rectification of building defects
Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
On 21 May 2020, the Queensland Parliament passed the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020.
It makes a number of legislative amendments in various areas, but in a body corporate context, it makes amendments to the Body Corporate and Community Management Act 1997 arising from the COVID-19 situation.
Continue reading Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
When Did You Last Review Your Scheme’s Bylaws?
Whilst perhaps not the most exciting topic to most people, body corporate committees need to actively review their bylaws from time to time. The bylaws are one of a community title scheme’s most important elements.
Continue reading When Did You Last Review Your Scheme’s Bylaws?
AirBnB and Body Corporate Schemes in Queensland
The rights of a body corporate to enact by-laws which restrict owners’ ability to use platforms like Airbnb have been once again the subject of recent litigation. The outcomes of these cases provide important lessons for those looking to use these online platforms.
Continue reading AirBnB and Body Corporate Schemes in Queensland
New Queensland Combustible Cladding Law – Call for Bodies Corporate
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
To Tow or Not To Tow
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
Viridian High Court Decision
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
Elephants on the Ceiling
The issue of footsteps on the ceiling (and noise generally) in strata titled buildings is a vexing issue for many committees and owners. Given the increased propensity towards high density living in our cities, this is an issue that isn’t going away. Continue reading Elephants on the Ceiling
“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 waterfront property owners and people using the adjacent waterways.
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!”
