Body Corporate Frequently Asked Questions

Questions to help you understand how a Body Corporate operates.

We’ve created this resource to deal with the most frequently asked questions we receive on a daily basis. We hope that they address the questions you may have regarding how a body corporate operates!

• What is a body corporate?
• What is the role of a body corporate?
• Can a body corporate evict a tenant?
• Is the body corporate a business?
• What does a body corporate cover?
• Are by-laws legally enforceable?
• What is the role of a body corporate committee?
• Can I get out of my body corporate?
• How much should body corporate fees be?
• What are body corporate by-laws?
• What does a body corporate manager do?
• What does a building manager do?
• How often should the committee meet?
• There are pensioner discounts on levies
• People can buy committee gifts to say thanks for their efforts
• A body corporate can invest funds
• A body corporate can evict an unruly tenant
• The committee can demand the details of any tenant, short or long-term
• A chairperson or other committee member can enter a lot at any time, especially to see if the lot is being maintained
• Owners’ email addresses or phone numbers are private
• People can only access the body corporate records once
• A potential purchaser needs to have an unconditional contract before they can access records
• Tenants have no right to speak with a body corporate manager
• The committee can require a bond to cover possible damage when an occupier moves in
• Fees can be charged to have the committee consider an application to keep a pet
• You can have a conflict of interest at a general meeting meaning you cannot vote
• Owners can attend committee meetings as of right
• As long as people have paid all their levies, but not any other fees, you can still nominate for committee
• There needs to be a set number of committee meetings per year 
• A body corporate is entitled to prove that someone’s partner is who they say the owner says they are
• We need to pass a motion of ‘no confidence’ in a committee member to get rid of them from the committee
• Casual committee vacancies need to be filled by seeking nominations from owners and having an EGM 
• New motions can be put forward from the floor at general meeting
• A body corporate insurance policy automatically covers us for flood and cyclone damage
• We can vote at general meeting to change our body corporate financial year
• Spending limits can be ignored if it is a genuine emergency
• The body corporate manager should chair the AGM
• Motions put to the AGM must be voted on no matter what
• Meeting minutes are only valid if everything said and done at the meeting is captured verbatim
• Body corporate accounts must be audited every year
• Owners can demand an EGM be held if there are serious concerns 
• I can give a proxy to anyone I wish
• Bodies corporate cannot restrict proxies
• By-laws take effect immediately on approval
• The Titles Office checks by-laws for validity
• If it is just a one-off situation, the body corporate shouldn’t be bothering with its by-laws and can just issue a caution or warning 
• The body corporate can’t stop people from having pets 
• A committee can refuse dogs that are declared dangerous breeds
• Are companion animals automatically approved as pets?
• An approved pet dog was barking last night, so that means we get rid of it 
• People running short term letting from their lot (Air BnB or otherwise) must seek permission for that from the committee
• Bodies corporate can’t tow owners or occupiers cars
• Cars can be towed provided a warning is given first
• The person next door has to stop smoking
• Owners don’t have to do anything about installing new flooring and people’s complaints from beneath them
• Water penetrating from upstairs means the costs for fixing a lot should be paid for by the upstairs lot owner
• Termite infestation is a body corporate responsibility because termites will always enter from common property
• There must always be a minimum of two quotes for any proposed body corporate expenditure 
• A committee can authorise spending on a body corporate lawyer for urgent legal proceedings 
• A body corporate can refund levies raised for things that are now not needed
• Committees should not pursue levies from owners in unfortunate financial positions
• Emails between committee members about body corporate issues are private conversations
• CCTV footage can only be viewed by the committee or onsite manager
• It is reasonable not to give an owner the body corporate roll
• You can skip engaging in conciliation with the Commissioner’s Office when the other party is going too unreasonable
• Conciliation is a waste of time as it’s all just about talking and we’ve done enough of that
• The Commissioner’s Office deals with complaints about body corporate managers
• The Commissioner’s Office can award damages for loss of rent
• If a dispute needs to be resolved urgently, you just ask for an interim order
• You can skip straight to QCAT for serious disputes and avoid the Commissioner’s Office
• An adjudicator’s order is not worth the paper it is written on, people can just get away with anything and there are no consequences
• Can the Commissioner’s Office keep sensitive personal information private?
• The Commissioner’s Office provides rulings when I call them
• 99% (or more) of Queensland bodies corporate still cannot prohibit short term letting
• What is a Quorum?
• Can a Queensland body corporate stop Airbnb?
• Body corporate spending limits
• Can a body corporate tow a car?
• What happens if a general meeting motion is out of order?
• Bodies corporate and telecommunications providers – don’t be railroaded
• Are recovery costs a body corporate debt?
• So what is a transfer fee anyway?
• Office hours – are they really necessary?
• Seconding motions – is that really necessary?
• Management Rights – Continuing the theme of who is responsible for what
• The different ‘styles’ of management rights businesses
• Proxies and powers of attorney – where and when
• Do you have an interest in a lot in your letting pool?
• Building management statements- do you know what to look for?
• The difference between an extension and a variation
• Maintenance responsibilities for lots and common property?
• What is a nominee?
• When can a resident manager vote?
• Does a resident manager enforce by-laws?
• Is your hard flooring by-law valid?
• Can a by-law prohibit pets?
• Can a body corporate regulate the length of a tenancy?
• Committee resignations – what happens next?
• Changes to the law for debt recovery by bodies corporate
• Major body corporate projects
• What information does the body corporate record extend to?
• When do you tell your body corporate you are selling?
• Breach notices require urgent action