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...
Approval at General Meetings – Resolution Type

Approval at General Meetings – Resolution Type

It is important that when a Body Corporate is proposing a motion for work to be done, at a general meeting, that consideration is given to the following: are the works involved “maintenance” or are they “improvements” to the common property; andwhat is the cost of the...
Imposing a Financial Penalty

Imposing a Financial Penalty

The case that we are reviewing this month is whether the Body Corporate, through the Committee, has the power to impose a financial penalty on an Owner or Occupant as a fine or reimbursement.The adjudicators order Chevron Renaissance [2020] QBCCMCmr 358 (6 July 2020)...