Rectification of Property Damage

Rectification of Property Damage

Section 281 of the Body Corporate and Community Management Act 1997 allows for an Adjudicator to make orders that a person, they reasonably believe to be responsible for a contravention of the Act, either carry out required repairs to the damaged property, or...
Maintenance to Vegetation Within A Lot

Maintenance to Vegetation Within A Lot

Section 160 of the Body Corporate and Community Management Act 1997 – Obligation of owners and occupiers to maintain, states: ‘The regulation module applying to a community titles scheme may impose obligations about the conditions in which lots included in the scheme...
Pets, pets, pets. What’s reasonable?

Pets, pets, pets. What’s reasonable?

As a Strata Community Manager, one of the most regular application forms received from owners, occupants or property managers is for the keeping of a pet within a lot.  This can then also flow down into complaints received if the animal is not being kept within the...
Emergency Expenditure Refresher

Emergency Expenditure Refresher

What constitutes as emergency expenditure…..Under Section 243A of the Body Corporate and Community Management Act 1997 it states;Example of emergency circumstances – a burst water pipe the repair or replacement of which exceeds the body corporate committee’s...
Validity of Motions

Validity of Motions

More and more, when reviewing Adjudicators orders, we are seeing a trend of requests for motions to be invalidated is upheld – on the basis that the motions were not valid in accordance with the legislation. In November 2017, we wrote an article around how motions...
Are owners required to act reasonably?

Are owners required to act reasonably?

In many of the adjudicator’s orders that we have reviewed outcomes from Annual General Meetings, Committee Meetings or VOCM’s have been overturned on the basis that the decisions made were unreasonable and these orders have generally been sought by Lot Owners. Now...