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Legislation Updates

TERMITES AND PEST CONTROL FREQUENTLY ASKED QUESTIONS

The warmer weather at the start of spring can trigger increased termite activity in properties run by bodies corporate. Therefore, bodies corporate need to keep on top of inspections and treatments, as preventing infestations can save thousands of dollars. Who is responsible for maintenance at my body corporate property? Pest management in a complex can…

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COMMISSIONER’S OFFICE – CLARIFYING CONFLICT OF INTEREST

The term ‘conflict of interest’ is used widely in a variety of non-body corporate situations. Sometimes confusion surrounding its use in the body corporate context is, therefore, to be expected. This article will canvas and clarify conflicts of interest under body corporate legislation. While this article is primarily targeted at community titles schemes regulated by…

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LEGISLATION AMENDMENT BILL INQUIRY – REPORT RELEASED

The Legal Affairs and Safety Committee has released its report following the inquiry into the Body Corporate and Community Management and Other Legislation Amendment Bill 2023. The key issues raised during the committee’s examination of the Bill included: termination of a community titles scheme for economic reasons approval of alternative insurance arrangements for bodies corporate…

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SOLAR PANELS IN STRATA: THINGS TO KNOW FOR BODIES CORPORATE AND LOT OWNERS

Now more than ever before, Bodies Corporate and Lot Owners are considering solar panels. This is largely due to rising electricity prices and cost-of-living pressures. Deciding whether to purchase and install solar panels can be difficult for standalone homeowners. For Bodies Corporate and their Lot Owners, the decision is even more complicated due to the…

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LAW REFORM – SUBMISSIONS CLOSE TOMORROW!

On 24 August 2023 the Hon Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 into the Queensland Parliament. The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration. The…

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REFORM BILL INTRODUCED TO PARLIAMENT

Reform Measures in Parliament Yesterday the Attorney-General introduced a Bill to make significant changes to the Body Corporate and Community Management Act. Whilst we are waiting on more detail, we are pleased to provide you with a high level summary below. Body Corporate and Community Management and Other Legislation Amendment Bill 2023 Attorney-General and Minister…

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DAMAGE TO PROPERTY

Occasionally in bodies corporate, property can be damaged through no fault of the property’s owner. The property’s owner may be an owner of a lot, an occupier or the body corporate. Under the Body Corporate and Community Management Act 1997 (Qld) (the Act), a property owner may seek reimbursement or an order for repair, in certain circumstances, through…

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URGENT DISPUTE APPLICATIONS

Our clients regularly ask how they can quickly resolve what they consider an ‘urgent’ situation. While we acknowledge there is a considerable amount of stress involved in body corporate disputes – often intensified by the proximity of residents to one another – no general process exists to consider ‘urgent’ applications. However, circumstances may warrant certain…

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NAVIGATING THE DISPUTE RESOLUTION PROCESS

Community living has its challenges because of the potential for conflict. The proximity of residents to one another in community living and the fact that individuals with diverse backgrounds and views must, as a group, make major decisions, opens itself up to disagreements. If a dispute cannot be resolved internally, the two official avenues for…

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PETS IN A LIFT CAN BE REFUSED AND OTHER LITTLE KNOWN RULES

Downsizers and new tenants of community title complexes should familiarise themselves with body corporate by-laws to avoid any foreseeable issues before signing on the bottom line. There are generic by-laws that can be adopted by body corporate complexes covering noise limitations, vehicle obstruction, damage to common property and the like. However, each body corporate makes…

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