by Joe | Sep 25, 2020 | Adjudicators Orders
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...
by Joe | Aug 28, 2020 | Adjudicators Orders
If a Body Corporate believes that an owner or occupant is breaching the by laws, the Body Corporate have an obligation under the Body Corporate and Community Management Legislation to enforce the by laws. We have touched on this subject in various other articles,...
by Joe | Jul 27, 2020 | Adjudicators Orders
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)...
by Joe | May 25, 2020 | Adjudicators Orders
In this edition of Strata Today, we have included an article from the Commissioner for Body Corporate and Community Management in regards to who is responsible for termite damage if found within the boundaries of a lot. We felt it only fitting that we include an...
by Joe | Apr 27, 2020 | Adjudicators Orders
Section 180(7) of the Body Corporate and Community Management Act 1997 (the Act) states: A by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers of lots included in the scheme and the use of the common property for...
by Joe | Mar 31, 2020 | Adjudicators Orders
I know that this is a topic that we have covered previously, however it is a common theme among the adjudicators orders that I have been reviewing since we started circulating this newsletter. The legislation is very clear that a Committee and a Body Corporate must...