Power to Enter a Lot

Power to Enter a Lot

Can a lot owner refuse access to their lot to a contractor, engaged by the Body Corporate to complete maintenance? Section 163 of the Body Corporate and community Management Act 1997 states: In this months adjudication order, the Body Corporate sought an order from...
Who Can Access The Body Corporate Roll?

Who Can Access The Body Corporate Roll?

Is the Body Corporate required to provide owners contact details when requested by another Lot Owner? In a recent adjudicator’s order the adjudicator very clearly ruled that owners have the right to be provided with a full copy of the Body Corporate roll. In the case...
Changing the Appearance of the Lot

Changing the Appearance of the Lot

Changing the appearance of a lot – does changing tiles on a balcony need Body Corporate approval? Generally, the CMS for any scheme will have a by law that is consistent with the following: Appearance of Lot The occupier of a lot must not, without the body corporate’s...
Rejecting General Meeting Votes

Rejecting General Meeting Votes

Can votes be rejected, by the Chairperson, after the close of the meeting? The short answer to this question is no. If the votes cast are valid at the time of the meeting and have been counted towards the results of each of the motions, they cannot be rejected by the...
Non-Budgeted Sinking Fund Expenditure

Non-Budgeted Sinking Fund Expenditure

If there is no “line item” in the Sinking Fund Budget for expenditure, can the funds be spent? A number of Committee Members, and Owners for that matter, are under the impression that for works to proceed a “line item” must be included in the sinking fund budget. The...
Rectification of Property Damage

Rectification of Property Damage

Section 281 of the Body Corporate and Community Management Act 1997 allows for an Adjudicator to make orders that a person, they reasonably believe to be responsible for a contravention of the Act, either carry out required repairs to the damaged property, or...