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Recovering Costs From an Owner Who Fails to Maintain Their Lot in Good Condition

Some features of the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act) that have stood the test of time are the “self-help” remedies to deal with common problems that arise when large numbers of people live together in a dense environment. It may seem pessimistic, but the drafters of this legislation did not…

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Pet Requests in the Age of COVID – By-Laws to Companion Animals Explained

Due to the Covid-19 pandemic, people have been spending a lot more time in their residential accommodation and consequently, everyone wants a pet! In NSW and VIC, walking an animal became one of the few outdoor activities that were tolerated under the restrictions. For people’s mental health, the joy of keeping a pet in their…

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Greater Brisbane Lockdown

From 6pm, Friday, 8 January 2021, Greater Brisbane went into a 3-day lockdown. Members are advised to recommend to their committees to follow suit and resolve to: close all amenities for the period starting Friday, 8 January 2021, 6pm to Monday, 11 January 2021 6pm. The Committee is empowered to shut down recreational facilities in…

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2020 Strata Year in Review

Welcome to our first update for 2021, where we recap the newsletter highlights of the crazy year that was 2020. We are sincerely thankful and humbled by your support shown throughout the past year with a total of 377,925 newsletter reads by Smart Strata’s now in excess of 35,000 subscribers! This keen interest inspires us…

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Differences in Regulation Modules

Most bodies corporate in Queensland are regulated by the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act). There are a small number of schemes that are regulated by some specified legislation (for example, some schemes located at Hope Island, Sanctuary Cove, Royal Pines and Southbank). There are over 50,000 bodies corporate in Queensland…

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Commissioner’s Message – COVID-19 Emergency Arrangements Extended

The Government has announced the COVID-19 emergency arrangements for bodies corporate will be extended to 30 April 2021, or an earlier date as decided by the Government. This is in recognition of the ongoing impacts of the pandemic on community titles schemes in Queensland. This means that the arrangements will remain and continue until 30…

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Body Corporate Managers, Committee Members and Resident Managers Commissions and Other Benefits

Introduction In Queensland, body corporate managers have a number of disclosure obligations in relation to any commission, payment or other benefit they receive. Recently, the Queensland Government released new body corporate regulations (Standard Module, Accommodation Module, Commercial Module, Small Schemes Module and Specified Two-lot Schemes Module), which will replace the existing regulation modules on 1…

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Standard Module Regulation Changes – Committee Membership

Below are the outlines of changes to committee membership that you need to be aware of if you are thinking about nominating for a body corporate committee after the commencement of the new regulations. Some key changes are: Committee members are not able to receive benefits from the caretaking service contractor or service contractors, Co-owners…

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Adjudicators Order Making Powers – A Recipe for Failure

If you lodge an Adjudication Application with the Commissioner, be careful what relief you ask for, and how you ask for it.  If you get either of those things wrong, then your Application may be thrown out. The recent decision of QCAT in Rolling Rock Nightclub Pty Ltd v Commissioner for Body Corporate Community Management…

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What Causes Strata Conflict?

At the core of most strata conflict is someone refusing something. For example, the committee refusing to approve a pet, or an occupier refusing to comply with a by-law. Or it is even simpler than that, such as an owner refusing to pay levies or vote at a general meeting. The legalistic approach to resolving…

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