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. Here we’ve included a number of articles on recent Body Corporate matters both locally and nationally. If you have a legal issue relating to Body Corporate Law, contact ABKJ Lawyers.
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
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. We have previously published articles on the lower court decisions of this case. The case concerns the body corporate’s decision to reject a proposal by the lot owner to expand an elevated deck area, and receive an exclusive use right to the corresponding ground area under the deck expansion. The case… Continue Reading
Elephants on the Ceiling?
Noise issues in high density living 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. Even the sturdiest and newest buildings will probably permit some sound transference between lots in certain circumstances; that is a feature of strata living that prospective residents ignore at their peril. However, the issue can generally be managed through the use of appropriate materials and construction techniques. Hard floors Hard floors are… Continue Reading
“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”. So who owns the water? Like most things, this is a subjective question. However, the starting… Continue Reading
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. Bodies Corporate and Committees make… Continue Reading
