Are owners required to act reasonably?

Are owners required to act reasonably?

In many of the adjudicator’s orders that we have reviewed outcomes from Annual General Meetings, Committee Meetings or VOCM’s have been overturned on the basis that the decisions made were unreasonable and these orders have generally been sought by Lot Owners. Now...
Approval at General Meetings – Resolution Type

Approval at General Meetings – Resolution Type

It is important that when a Body Corporate is proposing a motion for work to be done, at a general meeting, that consideration is given to the following: are the works involved “maintenance” or are they “improvements” to the common property; andwhat is the cost of the...
Imposing a Financial Penalty

Imposing a Financial Penalty

The case that we are reviewing this month is whether the Body Corporate, through the Committee, has the power to impose a financial penalty on an Owner or Occupant as a fine or reimbursement.The adjudicators order Chevron Renaissance [2020] QBCCMCmr 358 (6 July 2020)...
Rectification of Termite Damage to a Lot

Rectification of Termite Damage to a Lot

In this edition of Strata Today, we have included an article from the Commissioner for Body Corporate and Community Management in regards to who is responsible for termite damage if found within the boundaries of a lot. We felt it only fitting that we include an...
By Laws – Cannot be Oppressive or Unreasonable

By Laws – Cannot be Oppressive or Unreasonable

Section 180(7) of the Body Corporate and Community Management Act 1997 (the Act) states: A by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers of lots included in the scheme and the use of the common property for...