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
Category: 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.
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 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
Tips For Making Reasonable 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
Workcover In Queensland – A Body Corporate Focus
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
Recovery of Unpaid Body Corporate Levies Part 3: Legal Proceedings
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
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
Ten Tips For The Recovery Of Unpaid Body Corporate Levies
PART ONE: Issuing the statements
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 Ten Tips For The Recovery Of Unpaid Body Corporate Levies
