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FACT OR FICTION

A District Court judge once described Queensland’s strata legislation as “incomprehensible as it is over-prescriptive”. It is this legislation that aims to govern and regulate all of the competing interests that take hold in a community titles scheme. It should come as no surprise that in this mix we regularly see fictions about how the…

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Common Noise Complaints

One of the most common complaints received in strata schemes is to do with unwelcome noise, which can be understandable when living in close proximity. Noise has a knack for traveling through floors, ceilings, walls and across balconies. It is only to be expected that on occasion you will hear some noise from your neighbours,…

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Commissioners Corner – For Sale Signs and Open Homes

Most of my articles focus on rights and responsibilities for owners of lots in a community titles scheme. On the other side of the coin, what about the implications for the sale or potential sale of a lot in a scheme? Firstly, there’s no requirement under the Body Corporate and Community Management Act 1997 for…

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Commissioners Corner – Layered Schemes Fact Sheets

We get many questions in the Information and Community Education Unit relating to bodies corporate that are in a layered scheme arrangement. We have developed 4 new webpages to help you understand what a layered scheme is, how to create a layered scheme and how to run a layered scheme. There is also a page…

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Strata Law Reform – Regulation Changes Released!

Coinciding with our upcoming community education seminars, draft regulatory changes have been announced by the Queensland Government and community consultation on the draft changes commenced. In this update we have provided a list of the areas of proposed changes with access to full details published. We encourage all stakeholders to review these proposed changes and…

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When is Time to Upgrade Your Old Body Corporate Switch Board?

In December 2017, new national metering rules took effect that have created greater market competition and increased innovation in product design and service delivery creating better options for everyone. Which is a good thing! But there’s a catch… If you have an old-style asbestos or timber particle backing board in your switchboard box and/or porcelain…

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Commissioners Corner: Alternative Insurance

I know that obtaining the required type and amount of body corporate insurance is proving to be a challenge for some bodies corporate, particularly in North Queensland, where cyclones and other severe weather events are having a major impact on both cost and availability of cover. For an overview of insurance obligations for a body…

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Strata Community Education Seminars

Strata Law Reform – Legislation Changes for 2020 Explained If you’re wondering about what issues are affecting the strata industry in your region, come along to our next round of informative education sessions. Strata Law experts Jason Carlson of Grace Lawyers and James Nickless, Legal Counsel for MaxSoft Group, will explain changes to Strata Laws…

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Commissioners Corner: Statutory Easements Explained

The subject of easements, particularly statutory easements, can be a significant issue for bodies corporate. So what do we mean by a ‘statutory easement’, exactly? Well, an easement can be thought of as the right to enter or use a section of land for a particular purpose by someone who is not the land owner…

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Latest Management Rights Termination Battle

Law can be a very dry occupation. As long as you are not on the receiving end of them, some of the lines in legal judgments can be somewhat amusing. The background One of the best judgments in recent times was the striking out of the bulk of Mark Latham’s defamation defence, but the judgment…

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