LookUpStrata regularly partners with QLD strata professionals to hold informative strata webinars for our audience of lot owners, industry professionals and broader QLD readers. Our webinars usually feature Q&As where the panelist/s answer questions that have been submitted by our audience.
QLD: Body Corporate Spending Limits – The Breakdown | Frank Higginson, Hynes Legal – October 2023
We had a webinar with Frank back in July, talking about the differences between maintenance and improvements. In that session, lots of questions about spending limits were asked. A viewer requested we explore this topic in detail. So here we are!
Spending limits are complicated. Why? Because the rules and regulations are scattered throughout the legislation. But Frank reminds us that, although it’s a challenge to piece these rules together, they exist for a very good reason.
Specifically, Frank speaks about:
- Spending limits at committee and general meeting
- The major spending limit
- Emergency spending
- Some common exceptions
Resources mentioned during the video:
- Commissioner’s Office: Spending limits in a body corporate
- Webinar recording Maintenance vs Improvements What spending limits apply Frank Higginson from Hynes Legal
- Webinar recording Queensland Body Corporate Law Changes And What They Mean For You Frank Higginson from Hynes Legal
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Download the Presentation
You can download Frank Higginson’s presentation here: Body corporate spending limits
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
QLD: Body Corporate By-laws – Where, what and why? | Todd Garsden, Mahoneys – September 2023
In the realm of strata living, bylaws come in all shapes and sizes. Some body corporate communities have unique, tailor-made bylaws, while others rely on house rules to keep things in order. Can house rules be enforced the same as bylaws? How do you separate the valid bylaws from the invalid? And what’s the use of having bylaws if they’re left to gather dust on the shelf, unenforced and forgotten?
The where, what and why of by-laws:
- By-laws and house rules
- Why are there such variances between by-laws
- The Validity of by-laws:
- Regulation
- Limitations
- How to draft and prepare new by-laws
- Committee by-law enforcement steps:
- Step 1 – Contravention notice
- Step 2A – Conciliation
- Step 2B – Court
- Step 3 – Adjudication
- Enforcement as an owner
Resources mentioned during the video:
- Practice Direction 6: By-law enforcement applications
- Making sure your by-laws are correct
- By-law series Part 1 – What by-laws are legislated to provide for
- By-law series Part 2 – Limitations
- By-law series Part 3 – Bylaw limitations continued
- By-law series Part 4 – Enforcement
- Webinar recording Breaking Down Body Corporate Management Contracts William Marquand, Tower Body Corporate and Todd Garsden, Mahoneys
- Webinar recording Defects, Insurance Claims, Management Rights – Body Corporate Issues for 2023 Todd Garsden, Mahoneys
- Webinar recording Creative solutions to your body corporate parking problems William Marquand, Tower Body Corporate and Todd Garsden, Mahoneys
- Video Why is now a really good time to introduce a ‘No Smoking’ bylaw William Marquand, Tower Body Corporate and Chris Irons, Strata Solve
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Download the Presentation
You can download Todd Garsden’s presentation here: Body Corporate By-laws – Where, what and why?
Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753
QLD: Brave New Strata World? Strata Law Changes And What They Mean For You | Frank Higginson, Hynes Legal + Chris Irons, Strata Solve – August 2023
After many years of talking, Qld has a draft of new strata laws, representing some of the most significant changes to body corporate legislation in decades.
The proposed changes to body corporate law will:
- allow bodies corporate to make by-laws that prohibit smoking (including vapes) on common property or an outdoor area such as a balcony;
- make clear that regularly exposing a person in another unit or on common property to second-hand smoke is a nuisance, hazard and unreasonable interference that should not be occurring;
- prevent bodies corporate from making by-laws banning pets in community titles schemes;
- clarify and enhance the ability for bodies corporate to tow vehicles from common property in a timely manner;
- allow for an adjudicator to approve for a body corporate to put in place alternative insurance when it cannot comply with the required level of insurance for particular buildings;
- enhance by-law enforcement and access to records in more complex layered arrangements of community titles schemes;
- enhance the code of conduct for body corporate managers and caretaking service contractors; and
- clarify and streamline body corporate administrative and procedural matters.
Where are we at with the proposed changes, what does it mean for the Bill to be introduced to Parliament, and what happens now?
Resources mentioned during the video:
- Bill and Explanatory Note
- Media Release Key property reforms tackle sunset clauses, smoking and pets in units – The Queensland Cabinet and Ministerial Directory
- Body Corporate and Community Management Act 1997 – 107 Counting of votes for majority resolution
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898
QLD: Maintenance vs Improvements: What is the difference and what spending limits apply? | Frank Higginson, Hynes Legal – July 2023
Frank Higginson from Hynes Legal joined Nikki Jovicic from LookUpStrata to discuss Maintenance vs Improvements: What is the difference and what spending limits apply?
What is the crucial difference between maintenance and improvements? Led by Frank Higginson, we explore the definitions and characteristics of maintenance and improvements, understanding how these classifications apply to lot property and common areas.
The session highlights the significance of the distinctions for lot owners and the body corporate, emphasising how decisions regarding maintenance and improvements impact legal and financial considerations, and the overall harmony of strata communities.
We also looked at the spending limits that apply to each.
This a grey area, so Frank provided some practical examples of what is maintenance and what is classed as an improvement. You may be surprised at where the line is drawn and why the distinction is important. And when it comes to spending limits, why haven’t these amounts been adjusted since the 1990s?
Resources mentioned during the video:
- Body Corporate and Community Management (Standard Module) Regulation 2020 –
- QLD Webinar: CCTV In Strata – Are You Being Watched? Frank Higginson, Hynes Legal and Chris Irons, Strata Solve
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Download the presentation
Download the presentation here: Maintenance vs improvement.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
QLD: Administrator Appointments in Strata – Restoring the ‘Function’ From Dysfunction | Chris Irons, Strata Solve – May 2023
Chris Irons from Strata Solve joined Nikki Jovicic from LookUpStrata to discuss administrator appointments in strata.
If your strata scheme doesn’t have a committee, or bills aren’t being paid, and problems are mounting, this is essential viewing.
Plenty of people think their strata scheme is dysfunctional and might benefit from having someone come in and restore order. Is that really the answer though? Are there better ways forward? Chris details what it means to have an administrator appointed.
- what is, and isn’t, a dysfunctional body corporate?
- the role of the administrator
- the risks involved in having an administrator appointed
- some alternatives worth considering
Chris provides a list of best practice tips to (hopefully) get your body corporate back on track.
Resources mentioned during the video:
- Challenge Accepted: Challenging People In Strata – And How To Deal With Them
- Practice Direction: Administrator appointments
- Couple on brink of losing home amid one of the country’s messiest body corporate wars.
Download the presentation here: Administrator Appointments in Strata – Restoring the ‘Function’ From Dysfunction.
Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898
QLD: Breaking Down Body Corporate Management Contracts | Todd Garsden, Mahoneys and Will Marquand, Tower Body Corporate – March 2023
Todd Garsden from Mahoneys and Will Marquand from Tower Body Corporate joined Nikki Jovicic from LookUpStrata to talk about the ins and outs of body corporate contracts.
The complexity of Body Corporate management contracts regularly leads to confusion and disagreements over service and fees.
Todd and Will break down the standard clauses in a management agreement, covering:
- agreed vs professional services
- the level of indemnity the manager carries
- how you can end the relationship with your manager if things aren’t going well
- much more
Why are management contracts structured the way they are? Todd and Will provided a behind the scenes look at the reasons and they presented hints and tips on what to look for when reviewing your next agreement.
Resources mentioned during the video:
- Guide to managing building defects in Queensland
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Download the presentation here: Common clauses in a body corporate management contract.
Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753
William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924
QLD: Defects, Insurance Claims, Management Rights – Body Corporate Issues for 2023 | Todd Garsden from Mahoneys – February 2023
Todd Garsden from Mahoneys joined Nikki Jovicic from LookUpStrata to discuss the big topics from 2022 and what effect they will have on the coming year.
What’s happening, what do you need to know, how are things changing? What effects will these changes have on the rest of 2023? We specifically concentrate on the three big ones! The suspected management rights changes, insurance claim delays and, defects and water damage. Todd’s presentation was followed by our regular discussion and Q&As.
For each topic, Todd provided an outline of the current problems, the rumours or discussion happening around the topic and his thoughts on the likely outcome!
- Management rights – there was significant discussion in 2022 about the term of management rights agreements. We will discuss the various options that may be considered regarding how these changes may take effect.
- Insurance claim delays – 12 months ago, the South East was inundated with rain and subsequent flooding. 2022 saw many insurance claims refused and delayed. Even those that were approved are yet to be addressed 12 months later.
- Defects and water damage – the rainfall over the last year has identified every leak in a Queensland strata building. This has led to many disputes over the responsibility for repairs.
- We even touch on Airbnb and cladding!
- Todd also provides quite a few important takeaways for each topic.
Resources mentioned during the video:
- Guide to managing building defects in Queensland
- Register for this Upcoming Webinar – NAT: Insurance premium increases in 2023 – Committee considerations with Tyrone Shandiman from Strata Insurance Solutions – Mar 2, 10 AM AEDT
- Register for this Upcoming Webinar – NAT: Changing the landscape of consumer protection with Morris Mellinger from Sedgwick and Corey Nugent from Resilience Insurance – Mar 9, 10 AM AEDT
- Head over to the LookUpStrata YouTube Channel to subscribe, and like or comment on our videos. Be the first to know whenever we upload videos to our YouTube channel.
Download the guide from the presentation here: Queensland Bodies Corporate – What to expect in 2023 and follow along as Will talks you through the line items.
Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753