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Body Corporate Law
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Management Rights
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Frequently Asked Questions
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
You can’t vote electronically. You have to fill in your paperwork and return it by post
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
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CCTV footage can only be viewed by the committee or onsite manager
Not correct. CCTV footage is a body corporate record. Read
this
.
