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.
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
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
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!”
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  QCATA 294.
However, the lot owner in that matter appealed the QCAT decision to the Supreme Court (Albrecht v Ainsworth & Ors  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