The QLD
STRATA MAGAZINE NOVEMBER 2025
How committees can manage stalled insurance claims caused by unresponsive owners Page 8 | Strata Insurance Solutions
Accessible parking in strata: can residents use the visitors’ space? Page 12 | Redchip Strata Law
Understanding lot owners’ rights to speak at committee meetings Page 14 | Strata Solve
About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013. As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month. Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
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Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013. With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians. Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ. Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.
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Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine. 2 www.lookupstrata.com.au www.lookupstrata.com.au Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing. 2 2www.lookupstrata.com.au
Contents 4 Retrospective approval of an unapproved fence on common property
22 Dealing with verbal abuse and defamation within a body corporate
William Marquand, Tower Body Corporate
6
Strata budgets should reflect past expenses, expected increases and owner priorities Matthew Faulkner, Matthew Faulkner Accountancy PTY LTD
8 How committees can manage stalled insurance claims caused by unresponsive owners Tyrone Shandiman, Strata Insurance Solutions
10 How to handle sale conditions that require the body corporate to repair defects Todd Garsden, Mahoneys
12 Accessible parking in strata: can residents use the visitors’ space? Frank Higginson, Redchip Strata Law
14 Understanding lot owners’ rights to speak at committee meetings Chris Irons, Strata Solve
16 How to dispose of common property without disposing of common property Todd Garsden and Connor Mahoney, Mahoneys
18 Dealing with water and power use by a commercial lot in a strata scheme
Chris Irons, Strata Solve
24
Someone’s made an offer to buy my strata management business - what do I do? Strata Business Brokers
26 DIY repairs by committee members: what your body corporate must consider William Marquand, Tower Body Corporate
28 Restrictions and requirements for painting fire-rated apartment doors Stefan Bauer, Fire Matters
29 Fire door compliance: How can I ensure my building’s fire doors are compliant? Stefan Bauer, Fire Matters
30 I received a Form 10 notice for communicating with owners Brendan Pitman, Grace Lawyers
32 Remuneration and duties reviews guide negotiation, but can’t force contract changes William Marquand, Tower Body Corporate
34 The QLD LookUpStrata Directory
Jarad Maher, Grace Lawyers
20 Submissions and registration fees of updated by-laws Frank Higginson, Redchip Strata Law
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STRATA COMPLIANCE REPORT SPECIALISTS
Retrospective approval of an unapproved fence on common property Can the committee retrospectively approve a fence that was built on common property without approval before I purchased my unit? The previous owner built a fence on common property before I bought my villa unit, and never told me about it. Most residents don’t mind, as it’s behind a garden and sits directly in front of my unit. There’s still access to services. My unit faces the street, bins, and car park, so no one would use the area if there were no fence. The treasurer wants the fence taken down because it breaches the bylaws. I’m worried about safety if the fence is removed. Can the committee approve it retrospectively? The complex is a small 1998 scheme.
Is it reasonable for other owners at the site to carry the risk and responsibility for you to have a facility they do not benefit from? The question suggests that a previous owner installed the fence to create a private use area for your lot – an area only you access and have responsibility for maintaining. At the time, owners may have agreed to this on an informal basis. Still, the installation of the fence has effectively created an exclusive use area, and the creation of a by-law should have confirmed this to establish your right of use and responsibility to maintain the area. Just because this wasn’t done in the past, there is no reason why it can’t be done now. There would be some cost – a lawyer and probably a surveyor would need to be engaged, and a new CMS would need to be filed. As you benefit from the change, you would most likely be expected to pay for this.
4 www.lookupstrata.com.au
Approval would also need to be obtained through a meeting, likely via a motion without dissent, meaning that all individuals who vote at the meeting would have to agree to the proposal. Does this sound like a lot of fuss and unnecessary expense for a small scheme and to approve a fence that doesn’t seem to be causing any bother? Maybe, but it’s the technically correct solution. What you need to consider is that the land behind the fence, which you probably consider your garden, belongs to the body corporate. That means the body corporate continues to carry the liability for this area, as well as the right to use the land in an alternative fashion that may not suit you. What would happen if an accident or injury occurred on this land, or if the body corporate needed to excavate it to install new utility infrastructure? If the responsibility for the land is unclear, a potentially complex situation can arise. These events may seem unlikely, but body corporates need to consider these possibilities and take reasonable action to mitigate their risks. Ask yourself whether it is reasonable for other owners at the site to carry the risk and responsibility for you to have a facility they do not benefit from? I don’t think this means that you have to take your fence down immediately just because it hasn’t been correctly improved, but now that another owner has raised the situation, you should see it as incumbent upon yourself to try and bring the matter to a more formal, permanent conclusion. A previous owner may have installed the fence, but now that it is your property, you are responsible for addressing the situation. Discuss the options with the other owners and seek legal help if required. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
Strata budgets should reflect past expenses, expected increases and owner priorities What financial strategies can a body corporate use to manage levy income and expenses effectively? Should committees seek professional tax advice when preparing budgets? As the treasurer of our body corporate, I’d like to explore whether there are more effective accounting and budgeting practices we could adopt to manage our levy income and expenses more efficiently. What financial considerations should committees take into account when deciding how to fund works? Is it good practice to seek professional tax advice when preparing budgets, or do most committees rely on guidance from the strata manager alone?
Tax in strata is relatively simple. It’s my understanding that many committees rely on their strata manager for budgeting advice. Of course, this is all relative to the manager, but generally speaking, this is ok.
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Very often, a budget should be the prior year’s expenses rounded up. You may be aware that certain items, such as management fees, increase by 5% annually. Insurance premiums, being the exception lately, sometimes increase by 20%. Then, for new expenditure, budgeting is a best guess, or you may have quotes. Then, levy income budgets are meant to either equal expenses, exceed expenses by any brought forward deficit (excluding loans), or exceed expenses to build up a surplus. All dependent on what the owners want to do. There is always a wide variety of owner’s income within a building that prevents a surplus from being realistic. A budget is an estimate/ plan that is ruined by anything unforeseen. Seeing the unforeseen is quite difficult. Tax in strata is relatively simple, with the only real issue being the deductibility of levies to investor owners, which is the realm of your personal tax agent. Matthew Faulkner | Matthew Faulkner Accountancy PTY LTD matt@mattfaulkner.accountants READ MORE HERE
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How committees can manage stalled insurance claims caused by unresponsive owners
What can the committee do if a lot owner refuses to respond to an insurance cash settlement offer? The delay is affecting other residents and future insurance renewals. Our committee is dealing with a lot owner who won’t respond to a cash settlement offer from the insurance company relating to their building insurance claim. Is there a time limit for how long the offer can remain unresolved? Their refusal to engage or negotiate is frustrating. It prevents us from finalising the claim, affects our ability to secure future insurance policies, and contributes to higher premiums. The owner says their mental health has suffered due to their living conditions, but they’ve taken no action to move the matter forward. We’ve changed strata managers and insurance brokers to more proactive ones, referred contractors, and done everything we can to help, but the situation remains at a standstill. The unresolved issue is also affecting neighbouring residents, as there are no floor coverings in the unit, leading to excessive noise transfer and ongoing stress for everyone involved. 8 www.lookupstrata.com.au
The requirement to address the noise issues may provide the body corporate with a pathway to seek an adjudicator’s order requiring the lot owner to address the flooring issue. From what you’ve described, it seems there are two separate but related matters at play:
Finalisation of the insurance claim
The first issue relates to the insurance claim and the cash settlement offer. An insurance claim can technically remain open until it is resolved, but if the insurer does not receive instructions from the claimant, they may eventually close their file. Generally, insurers will consider reopening a claim once the owner makes their decision, provided it relates to the same loss event. If the ongoing management of this claim is creating an administrative burden for the body corporate, you may consider asking the lot owner to deal directly with the insurer. This would allow the insurer to continue corresponding with the owner and determine how best to bring the matter to a final resolution, whether by keeping the file open, closing it temporarily, or taking other appropriate action. Importantly, there is no
fixed statutory “time limit” that forces the claim to expire, but insurers will not leave claims dormant indefinitely.
Noise and flooring issues
The second issue concerns the lack of floor coverings in the lot and the resulting noise disturbance to neighbouring properties. While this matter originated from the insurance claim, it also raises potential obligations under the Body Corporate and Community Management Act 1997. In particular, there may be provisions requiring: • An owner to maintain their lot in good condition; and • Owners not to create a nuisance or interfere unreasonably with another occupier’s use and enjoyment of their lot or the common property.
That said, this is not something we, as insurance brokers, can advise or intervene in. It falls outside our professional remit. If you wish to explore this further, you may wish to contact the Commissioner’s Office for Body Corporate and Community Management, discuss it with your strata manager, or obtain advice from a body corporate lawyer.
Legal considerations
These matters can be complex, particularly where insurance and nuisance issues overlap. While the points above provide useful context, we strongly recommend that the committee obtain independent legal advice on the full circumstances before deciding on next steps. Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
These provisions may provide the body corporate with a pathway to seek an adjudicator’s order requiring the lot owner to address the flooring issue.
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How to handle sale conditions that require the body corporate to repair defects
What happens if a buyer makes settlement conditional on the body corporate fixing defects, but the repair costs exceed the committee’s spending limit? If a prospective buyer makes it a condition of sale that the body corporate repair all defects it is responsible for before settlement, how is this managed when the repairs exceed the committee’s spending limit or require professional advice, such as from engineers? If an extraordinary general meeting (EGM) is required to approve such expenses, who pays for the EGM? What happens if the motion is voted down or delayed and the buyer withdraws as a result? Where does this leave the seller? Can the seller take legal action against the body corporate for financial loss if the buyer pulls out or seeks compensation from the seller? Could the seller also sue the body corporate if they are forced to sell at a lower price due to the defects?
It would generally be unlikely that the buyer could take any action against the seller. An EGM would be required to repair any defects but there is no specific right of the lot owner to have an EGM called. The starting position for who pays for the EGM is that the body corporate is responsible for the cost of an EGM but the committee may not agree to call the meeting unless the lot owner agreed to pay for these EGM costs. 10 www.lookupstrata.com.au
Regarding the consequences if the motion is voted down or it takes too long to complete the transaction and the buyer terminates, this will depend on the terms of the contract between the buyer and seller. Whether the owner can take legal action against the body corporate for financial loss depends on a number of specific circumstances to the issue. However, it would generally be unlikely that the buyer could take any action against the seller. Their rights are generally to terminate the contract. Potentially, the owner could sue the body corporate if the prospective buyer negotiates a much lower price because of the defect, but there are a number of complicated factors that would need to be considered (and extensive material to be reviewed) to answer this question properly. Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE
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Accessible parking in strata: can residents use the visitors’ space?
Can a resident with a disability use the visitors’ accessible parking space if this is the only accessible spot in the strata scheme? I live in a community titles scheme in Queensland and use a wheelchair. Our complex has a small visitors’ car park with one accessible parking space. I have a valid disability permit, but the body corporate manager told me I can’t park there because it’s for visitors only. The sign doesn’t clearly say it’s for visitors, and there are no accessible parking spaces allocated for residents in our building. Should the body corporate provide an accessible parking space for residents, or at least allow me to use the visitors’ space when it’s vacant?
12 www.lookupstrata.com.au
Check to see what the development approval for the building says. I think the starting point would be to see what the development approval for the building said with respect to providing disabled parking. That may provide some guidance. From there, it comes back to a mix of statutory provisions regarding disabled access, who is considered a visitor, and what other parking options may be available. This is definitely one for legal advice because there is no black and white answer. Frank Higginson | Redchip Strata Law FrankH@redchip.com.au READ MORE HERE
Understanding lot owners’ rights to speak at committee meetings
Is it okay for a lot owner to speak and participate throughout a committee meeting, or should they only observe? At our committee meetings, one lot owner attends every meeting and constantly talks and gives opinions. The chairperson allows this and lets anyone else in attendance speak whenever they want. Aren’t lot owners supposed to observe and only speak at the end if invited or given permission? What’s the correct process?
The attendance of a non-voting committee member (i.e., owner) at a committee meeting is subject to several qualifiers. Yes, you’re right: the attendance of a nonvoting committee member (i.e., owner) at a committee meeting is subject to several qualifiers, provided for under section 63 of the Standard Module (equivalent provisions of other Regulation Modules). Of particular relevance to your query is s63(8): 1. T he person may— a. s ubject to subsections (6) and (7), observe the meeting; and b. speak to the committee only if invited to speak by the committee.
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So, looking at the legislation, it’s fine for an owner to speak at any time (not just at the end), although it should be subject to the above qualifiers. There are some parts of the meeting where the owner shouldn’t be there at all. We know from experience of having attended quite a few committee meetings for clients, the above process doesn’t always get followed. There are several meetings we’ve been at where there has been open exchange of dialogue, all quite cordial and respectful, yet nonetheless, not following the strict rules above. There’s an argument to suggest that’s how a committee meeting should be. On the other hand, if it becomes a free-for-all, it’s challenging to manage and disrupts the flow of committee business. And committee meetings, by their nature, are – and should be – different from general meetings.
Perhaps there are reasons your chair prefers to allow this person to say ‘a lot’. And perhaps there are reasons for them to say ‘a lot’. Maybe it’s better this way, rather than handling it another way and taking up too much time (and space) at a committee meeting, where there are likely many other items for decision. You may want to discuss the legislative provisions above with the chair and suggest they conduct future meetings differently. Do so sensitively, though. You don’t want to be thought of as the person who stifles discussion (even if it’s legitimate). This is general information only, not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
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How to dispose of common property without disposing of common property Authors: Todd Garsden & Connor Mahoney
There are several reasons why a body corporate might want to dispose of common property within the scheme. For example, a facility may become too costly to maintain, a facility may be put to a better use or the body corporate may wish to sell part of the common property. Ordinarily a resolution without dissent is required to dispose of common property. This can be difficult to obtain, particularly if the only user of the common property facility refuses to let the body corporate dispose of it.
Maintenance obligations
Whilst the common property exists, the Body Corporate must maintain it: in good condition; and to the extent the common property is structural in nature, in structurally sound condition. This means that if a common property facility is not being used and is costing the body corporate significant funds, the body corporate must continue to carry out maintenance irrespective of the cost in doing so. However, maintenance obligations do not require a Body Corporate to maintain the common property indefinitely. A Body Corporate may be entitled to decommission or dispose of an element of the common property if it is no longer needed. The adjudicator in Powerhouse Apartments [2017] QBCCMCmr 271 explained:
“The fact that a body corporate is obliged to maintain common property and assets does not mean it is required to retain them forever or keep them unchanged. Changes can be made if properly authorised. While the body corporate has an obligation to maintain assets, it has no obligation to replace an asset or improvement. When a body corporate asset or part of common property comes to the end of its useful life a body corporate can decommission or remove and not replace it, replace it with something similar (which is maintenance) or replace it with something different (which is an improvement).”
Disposal loophole
However, if the Body Corporate converts part of the common property to a body corporate asset first, then disposes of the body corporate asset, it can avoid the difficulties associated with a resolution without dissent.
Step 1 - improvement Common property can be converted to an asset of the Body Corporate by being detached from the balance of the common property for the Scheme. The adjudicator in La Porte D’Or [2002] QBCCMCmr 435 explained:
“[W]hilst a body corporate asset can become common property when it is installed as a fixture, I consider that if it is at some time separated or removed from the common property, then it can again become a body corporate asset. It does not for all time remain common property. I consider that it becomes common property so long as it is affixed to the common property, but if it is capable of being removed or annexed from the common property, then at such time, it again becomes a body corporate asset.” Accordingly, a Body Corporate can resolve to detach an element of the common property for the Scheme, converting this element into an asset of the Body Corporate.
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How to dispose of common property without disposing of common property Authors: Todd Garsden & Connor Mahoney
A resolution to detach an element of the common property for the Scheme would constitute an improvement to the common property. The adjudicator in Enderley Gardens [2012] QBCCMCmr 21 confirmed:
“[W]ork which would in effect decommission part of common property would amount to an improvement to common property. An improvement can include a non-structural change, and a change can include an addition, exception, omission or substitution.” An improvement to the common property may be authorised by resolution of the committee, ordinary resolution or special resolution, depending upon the cost of the associated works and number of lots in the scheme.
Step 2 - disposal Once a Body Corporate has detached an element of the common property for the Scheme, thereby converting that item into an asset of the Body Corporate, the Body Corporate can authorise the disposal of that asset by ordinary resolution or special resolution, depending upon the market value of the asset. The adjudicator in Cedar Crossing Kenmore [2012] QBCCMCmr 422 endorsed this approach, and found:
“[I]n my view a fixture can revert to being an asset if it is detached from common property. … Accordingly I see no reason why a body corporate could not resolve to detach a fixture from common property (thereby reverting the item to the status of an asset), and then resolve to dispose of the asset.”
Conclusion
By proceeding this way, a Body Corporate may effectively side-step the need for a resolution without dissent and authorise the disposition of a portion of the common property for the Scheme by recording a:
Committee resolution, ordinary resolution or special resolution to authorise the detachment of an item from the balance of the common property; and
Ordinary resolution or special resolution to authorise the disposal of this item once it has been converted into an asset of the Body Corporate.
If your body corporate wishes to be guided through this process Mahoneys can assist in doing so.
About the firm Mahoneys has a dedicated team of lawyers with experience in assisting bodies corporate with:
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Dealing with water and power use by a commercial lot in a strata scheme
Is it fair or compliant for a shopfront lot’s toilet to use common property water and power without separate metering or disclosure? I live in a 3-year-old block of 10 units. One of the lots is a shopfront that has a single toilet connected to the body corporate’s water tanks, which are on common property. The system uses an electric pump powered by common property electricity to supply the toilet. There’s no mention of this plumbing setup in the disclosure documents or bylaws for any of the lots, including the shopfront. It seems unfair that other owners are covering the cost of this water and power use. Can you provide any guidance or references to support that this is an incorrect or unreasonable arrangement, so I can raise it with the body corporate?
Whilst the individual elements that service the lot would be lot owner responsibility, other elements that service more than just the lot would be the responsibility of the body corporate. If the water tanks, pump and infrastructure relate solely to supplying utility services to the particular lot, the lot owner is responsible for those devices and associated infrastructure, irrespective of whether they are situated wholly or partly on the common property or lot. 18 www.lookupstrata.com.au
However, it sounds as though the tanks serve other purposes, and that water supply to the particular lot is just one of the purposes for which water is drawn from the tank. In that case, while the individual elements that service the lot (e.g. pump and associated pipes) would be lot owner responsibility, the tanks and other elements that service more than just the lot would be the responsibility of the body corporate. In terms of the power and water costs, if the body corporate is paying these, the body corporate should require the owner to enter into a service agreement with the body corporate to reimburse the body corporate for the costs arising from the supply (to the greatest practicable extent). If the owner refuses, the body corporate should look to take steps to disconnect the relevant supply. A service agreement could also capture the reasonable proportion of maintenance costs for the tanks and other infrastructure attributable to supplying the lot. Jarad Maher | Grace Lawyers jarad.maher@gracelawyers.com.au READ MORE HERE
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Submissions and registration fees of updated by-laws
Can updated by-laws and a new exclusive use area be registered together? How are the registration fees calculated? We are planning to update our by-laws and create an exclusive use area for one lot, with assistance from a lawyer. If we get approval for the revised by-laws and the EUA motion at the next AGM, can they be registered together as one submission? Are the registration fees calculated as a single set or separately? I understand the fees work on a sliding scale, but I can’t find the details. Do you only pay for the number of changed by-laws, given we’ve already registered the original set? The process seems confusing. Can you please clarify how it works?
Registration fees for something like this are a flat fee. To me, this is more about the structuring of the motions. A change of by-laws usually requires a special resolution. A grant of exclusive use requires a resolution without dissent. If they go up together, you must have the whole thing approved by resolution without dissent. If there is any risk of it not being approved, then you might choose to do the by-laws first and then the exclusive use motion second. That way, it’s not all or nothing. Registration wise, you then just need to register the one new CMS, and whether that includes the grant of exclusive use depends on whether it was approved! Registration fees for something like this are just a flat fee. Transfer duty (for buying property, etc.) is a sliding scale, similar to stamp duty. Frank Higginson | Redchip Strata Law FrankH@redchip.com.au READ MORE HERE
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Dealing with verbal abuse and defamation within a body corporate
How do I stop committee members from verbally harassing and defaming me and my family within the complex? Members of our committee continually target me and my family. They verbally abuse my father, both in person and by email, and I’ve overheard them speaking poorly about us. The chairperson has been reported to the police several times for verbal and physical harassment and has now sent me a ceaseand-desist letter. They also speak negatively about us to other lot owners, often within earshot. What are my rights to stop this behaviour, and is there a way to have them removed from the committee? For context, my father is a lot owner, and I am a tenant in another lot. 22 www.lookupstrata.com.au
Being part of a body corporate can sometimes be emotive, and it’s reasonably common for conflict to arise. If you’ve received a legal letter or are suggesting defamation is occurring, you’ll need to seek qualified legal advice. On the specific strata issues you raise, yes, committee members can be removed. While tenants (who are known as occupiers under Queensland strata legislation) can’t submit motions to meetings, owners can. It requires an ordinary resolution to be submitted to a general meeting, and no reasons have to be given.
An occupier does have the right to pursue a by-law contravention or a dispute about ‘nuisance’ under Queensland strata legislation. We can’t comment on whether what’s occurring here would be either of those things. If you thought they were, then we suggest your first port of call is to contact the Commissioner’s Office on 1800 060 119 for information about those matters. The Commissioner’s Office is a Queensland government agency that gives body corporate information and can resolve disputes.
consider it as a way of maybe establishing long-lasting harmony. If you’re planning on living there for a while, that’s important. This is general information only and not legal advice. Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE
Looking at this situation more generally, it’s a shame that things have gotten to this point. Then again, being part of a body corporate can sometimes be emotive, and it’s reasonably common for conflict to arise. We think it’s really important you pause, take a breath and consider how you want to go from here. For example, the legal path will involve considerable costs. If there is any possibility of a resolution through informal means (such as mediation), you’re best advised to at least
Strata Solve helps untangle and resolve strata issues, and in the process protect the value of your strata asset, without the need for time-consuming, expensive and stressful legal proceedings. Director and Founder of Strata Solve Chris Irons (pictured with the late Ernest, Strata Solve mascot) has an unrivaled strata perspective. As Queensland’s former Commissioner for Body Corporate and Community Management, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, common-sense and effective communication are vital. As an independent strata consultant, Chris provides services based of his experience as an accredited mediator and which are all about empowering owners, committees, managers, caretakers, tenants, not-for-profits and others, to protect their strata interests. Chris uses tailored solutions to help his clients: one size definitely does not fit all in strata. Book a free, initial consultation now to find out how we can work with you to resolve your strata issue.
email: chris@stratasolve.com.au web: stratasolve.com.au
24 www.lookupstrata.com.au
DIY repairs by committee members: what your body corporate must consider
Are there rules in Queensland that prevent a committee member from carrying out DIY repairs on common property?
If they want payment for their time, that can be more complicated, but if they are volunteering and being reimbursed for any materials, they are generally permitted to do that. Please verify coverage with your specific insurance provider.
Our chair regularly undertakes DIY roofing and minor building repairs, even though they are not a qualified tradesperson. They claim it saves the body corporate money, but the roof still leaks. Are there guidelines or restrictions in Queensland about unqualified people doing repair work on common property? It is a false economy and a potential risk.
While it may be fine for owners to replace a light globe or do some minor repairs to the garden, I’d be more concerned if they are taking on more dangerous tasks, such as roof work.
Jobs conducted by lot owners should be treated like any other maintenance work. They should be assessed and authorised by a majority of the committee. There is nothing in the legislation that prevents owners from undertaking repairs to their body corporate. 26 www.lookupstrata.com.au
We don’t know what your roofs are like, but is the chair following the same safe works practices that professionals would adhere to? From your description, probably not, and that could cause problems. As above, ask your insurer and see what they think. If the chair fell from the roof, it would likely lead to a complicated situation for the body corporate. Has the committee considered how it would manage the situation? Is it comfortable relying on its insurer to bail it out in that circumstance? Put questions like this to the committee, and see what they say.
Here’s a factsheet on safe work practices on roofs. Perhaps share that and ask if these guidelines are being followed, especially if the chair is handling the work.
If you are not on the committee, you could submit an owners motion, possibly including the quote, to have the matter considered by a vote.
Jobs conducted by lot owners should be treated like any other maintenance work. They should be assessed and authorised by a majority of the committee. Is that happening? It sounds like the chair does things, and the other committee members approve them. Does your committee think that is good practice?
Try to move the conversation away from money. People become overly fixated on the idea of saving or not wasting money, which leads to numerous distortions in decisionmaking. Try to focus on the need to have the work professionally attended to, the legislative requirement to ensure the body corporate maintains common property in good condition, and the insurance risks associated with not maintaining the property or if a lot owner falls from a roof.
Are you on the committee? If so, you could bring this up with all members. It sounds like the roof is the main issue, so address that directly but politely. Say that you appreciate the chair’s efforts to rectify the roof, but for issues like this, you believe it is important to bring in a professional contractor. If necessary, you can meet the contractor to obtain a quote. Once you have a quote, request a vote to approve it formally.
William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
Restrictions and requirements for painting fire-rated apartment doors
Are there painting restrictions for fire-rated apartment doors? Can an owner paint their own replacement door?
1. Fire-Rated Paint: If a fire-rated door needs repainting, it must use a fire-rated paint or finish that has been tested and approved for use on such doors. Regular paints may not provide the necessary fire-resistance.
Our five-unit, standard module body corporate recently received its annual fire safety report, which identified that my unit’s entrance door needs replacing. The contractor’s quote states they no longer paint replacement doors. However, the body corporate manager says I can’t paint the new door myself because it requires a special fire-rated undercoat. Is this correct? Are there any specific restrictions or requirements for painting fire-rated apartment doors?
2. Manufacturer’s Specifications: It’s important to follow the manufacturer’s guidelines for any modifications, including painting. They may specify certain products or procedures to ensure the door maintains its fire rating.
Painting a fire-rated door with non-compliant products can compromise its effectiveness. Yes, your body corporate manager’s assertion is correct. Fire-rated doors typically require specific treatments and finishes to maintain their fire-resistance properties. Painting a firerated door with non-compliant products can compromise its effectiveness. Here are some key points regarding painting fire-rated doors:
28 www.lookupstrata.com.au
3. Body Corporate Regulations: The body corporate may have specific rules regarding alterations to common property, including fire doors. It’s advisable to check with them before proceeding. 4. Professional Services: If the company replacing the door is not offering painting services, they may have concerns about liability or compliance. Engage a professional who specialises in fire-rated doors. In summary, consult with the body corporate and possibly a fire safety expert to ensure any work done complies with safety regulations and maintains the door’s fire rating. Stefan Bauer | Fire Matters sbauer@firematters.com.au READ MORE HERE
Fire Door Compliance
Professional installation: Fire doors must be installed by qualified professionals. Self-closing mechanisms: All fire doors must be equipped with a functional self-closing mechanism. Correct exit hardware: Main doors must have lever handles or panic bars for easy exit. Annual inspections: Queensland law requires annual inspections of all fire safety measures, including fire doors. All inspections and maintenance activities must be documented.
How can I ensure my building’s fire doors are compliant?
Fire doors are vital safety measures in multi-occupancy buildings. They are designed to slow the spread of fire and smoke, creating a barrier that prevents flames from moving freely through hallways and escape routes. In Queensland, strict regulations govern fire doors, and compliance with these standards is critical to ensuring the safety of everyone in the building. Key Fire Door Compliance Requirements Correct fire door rating: Fire resistance rating requirements range from 30-120 minutes depending on the needs of the building. The more occupants or floors in the building, the higher the required rating.
Common Compliance Failures Fire doors that are locked, blocked or propped open are among the most common compliance failures, along with damaged doors and faulty self-closing mechanisms. How to Avoid Compliance Failures Annual fire audits are invaluable for identifying compliance gaps and ensuring all fire doors meet Queensland’s standards. Stefan Bauer Fire Matters
READ MORE HERE
DON’T RISK IT! If a retrospective investigation finds any aspect of your fire safety non-compliant, you risk voided insurance, hefty fines and even jail. That’s why it’s crucial to get an independent third-party consultant to audit your building.
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I received a Form 10 notice for communicating with owners How should I respond to a Form 10 notice I received after emailing owners about body corporate matters? I run a community Facebook page for our unit scheme and have received a Form 10 notice, which I believe relates to emails I sent to other owners about the scheme’s mismanagement. I intended my messages to inform owners, but some found them objectionable or considered them SPAM and made complaints. How should I respond to the Form 10, and what rights do I have in this situation?
You can choose to remedy the contravention within the time provided or apply to the Commissioner’s Office to challenge the decision-making process. A body corporate may issue a contravention notice to an owner or occupier when it reasonably believes a by-law has been contravened. A Form 10 Notice is used where a contravention of the by-laws has occurred, and the circumstances are such that the contravention will likely continue. 30 www.lookupstrata.com.au
Typically, although it would depend on what is alleged in the notice, an alleged contravention involving communications or behaviour that has contravened a bylaw would be the subject of a Form 11 Notice. The contravention notice must set out the relevant by-laws and provide details on how those by-laws have been contravened. Generally, a person receiving a contravention notice can choose to remedy the contravention within the time provided or apply to the Commissioner’s Office to challenge the decision-making process that led to the contravention notice being issued. There are further steps available to a body corporate if a person does not comply with the contravention notice. Additionally, a user of a Facebook page needs to consider their exposure to defamation claims, which are separate from any contravention of a bylaw, and the overall value of communicating with residents in that way (see my earlier guidance on Facebook pages). Brendan Pitman | Grace Lawyers brendan.pitman@gracelawyers.com.au READ MORE HERE
Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.
With a background of over 25 years experience in Quantity Surveying, Construction and Development, you can be sure to benefit from our experience for your reporting and project based needs.
Call us today on 07 5573 4011 Email us on: info@seymourconsultants.com.au Visit our website: www.seymourconsultants.com.au
Our main objective is to work in partnership with you as we share a joint interest in the success of each and every project.
Specialising in: • Fire Safety Auditing, Evacuation Planning & Training • Pool Certification • Facility Manager & Caretaker Recruitment • Lot Entitlement Reporting • Building Condition Reports • Quantity Surveying • Health & Safety • Sinking Fund Forecasts • Asbestos Auditing • Insurance Valuations • Caretaking Performance Reviews • Caretaking Remuneration Reviews – Time & Motion Study • Management Rights – Suitability Interview & Assessment • Tax Depreciations • Part Five Reporting
Remuneration and duties reviews guide negotiation, but can’t force contract changes
32 www.lookupstrata.com.au
Is the committee responsible for implementing changes recommended in a remuneration and duties review to ensure the body corporate meets its maintenance obligations? Our body corporate commissioned a remuneration and duties review by a suitably qualified professional. The review highlighted that the recommended duties differ from the current duties, including new responsibilities such as monitoring security systems and removing items that require ongoing maintenance.
Is the committee responsible for initiating these changes to ensure the body corporate continues to meet its legal obligations for maintaining common property? What are the options for either the committee or the caretaker if the remuneration range is outside the market range?
Unless you are starting from scratch, there is no open market. Generally, if you’ve done a remuneration and duties review, the purpose is to give your scheme an idea of the requirements for the site and the cost for providing that. You could use that document for consultation and negotiation with your caretaker to determine if they would agree to a new contract at the established new cost. If you can’t reach an agreement, the current contract will remain in place until expiry. If the review suggests that the cost of providing
caretaking services is less than the amount you are currently paying, that’s fine. Still, there is no obligation for the caretaker to agree to a new contract and a lower salary. Equally, if the review suggested your scheme is paying less than it should for the contracted services, the body corporate is not obliged to negotiate a new contract. Unless you are starting from scratch, there is no open market – only the contract you have negotiated and the contract you could negotiate. William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE
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