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.
On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates. The changes are split into three categories – Committees, General Meetings, and Other. In this article, being the third of a three part series, the others changes to the module are explained.
On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates. The changes are split into three categories – Committees, General Meetings, and Other. In this article, being the second of a three part series, the changes being made to general meetings are explained.
On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates. The changes are split into three categories – Committees, General Meetings, and Other. In this article, the changes being made to committees are explained.
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“).
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.
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.
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.
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. Can a Body Corporate stop a property owner from renting their unit through Airbnb? The position in Queensland is generally considered to be clear in that, for schemes regulated by the Body Corporate and Community Management Act, the Act provides that if a lot may lawfully be used for residential purposes, the by-laws cannot restrict the type… Continue Reading
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. Queensland Building Regulation took effect on 1 October 2018 The Building and Other Legislation (Cladding) Amendment Regulation 2018 (the “Regulation”) came into effect on 1 October 2018. The Regulation introduces… Continue Reading
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. The relevant considerations will depend upon who is operating the vehicle and the circumstances in which it is parked. A vehicle owned by someone unrelated to the scheme parked on a common property A body corporate will usually have a right to tow such a vehicle. It is a right arising from the common law (i.e. not… Continue Reading
