Lot owners from QLD wondering about the level of body corp community in their scheme.
Table of Contents:
- QUESTION: With no onsite manager, a resident acts as the point of contact. She holds keys and meets tradies. Is this a reasonable arrangement?
- QUESTION: What happened to body corp community? I am frustrated with my committee’s apathy. The common property is not maintained and there is no communication. As an owner, how can I address these issues?
Question: With no onsite manager, a resident acts as the point of contact. She holds keys and meets tradies. Is this a reasonable arrangement?
We have no onsite manager, all committee members are investors and don’t live in the complex, and our Body Corporate Manager is approx 30kms away.
The Body Corporate Manager has organised for one of the resident owners to act as a main point of contact for tradies. She has not been officially appointed as the onsite manager, however, she keeps keys for some areas of common property that others do not have. There are no minutes about this matter.
Can be the scheme managed like this?
Answer: For that owner, this arrangement puts them under a fair bit of responsibility and even potential liability, and I do wonder if this has been considered.
Yes – in a word.
Here’s the more elaborate reply: in your case, given the challenges of having someone on site, it seems – I stress, ‘seems’ – like what might be occurring is the best outcome you can probably get.
That said, all the more reason to try to be as process-oriented as possible: proper decision-making, with minutes, communicated as they need to be. If the owner in question has a contract, or anything resembling a contract, then she may fall under the legislative definition for a ‘service contractor’. I can’t quite tell from your query either way. Quite apart from anything else, it appears the owner is in possession of body corporate assets (the keys) and seems to have exclusive access to parts of the scheme (common property or otherwise), and really, that issue needs to be resolved as a priority. That is not something that can simply be informally arranged or decided by one person. For that owner, that puts them under a fair bit of responsibility and even potential liability, and I do wonder if they have thought about that clearly. Perhaps it is something you can have a discussion with them about.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in the September 2022 edition of The QLD Strata Magazine.
Question: What happened to body corp community? I am frustrated with my committee’s apathy. The common property is not maintained and there is no communication. As an owner, how can I address these issues?
I have recently bought into a small unit apartment block in Brisbane. I am the sole owner-occupier in the block.
I am trying to find out a number of things from our Strata managers. This is mostly regarding common property maintenance which is, in my opinion, abysmal with me now undertaking most of the gardening work. Believe me, I am no gardener and do not want to be.
I asked if there was a gardener under contract. The response was “no contract” with an ad hoc arrangement entered into by a previous owner (apparently). I’m told the gardener comes and cuts the lawn. I find this response strange as there is no lawn, only a nature strip which takes about 5 minutes to mow. Residents are responsible for their own courtyards. So what happens when the courtyard is overgrown into the common property or vice versa?
I have no idea how much we pay this gardener or how often he comes. Who then is responsible? There are a lot of trees on the property and they constantly drop twigs and branches. I attempt to keep the block looking tidy. There are trees on the common property which are now encroaching over a boundary fence into my exclusive use courtyard.
I am getting so frustrated with the committee’s apathy, not only failing to maintain the common property in a reasonable standard but also in avoiding to engage in any meaningful discussion with me, as an owner, as to how we can address this issue.
I have never encountered this in previous properties I have lived in and owned.
What has happened to good old body corp community? How can I ensure that my investment in my home is not devalued by this committee?
Answer: Get involved.
This one is simple
Get involved.
The world is run by those who show up, so if you are the only boots on the ground, take control and manage the affairs of the body corporate the way you want them managed. Don’t expect others to do the job you want to be done. Own it.
That will then out you in control of the value of your investment (and yes, those of the other owners).
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #185.
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Getting involved is one way, but I don’t agree it’s the only way, or even the best way. The committee has obligations, and is required to fulfill these obligations. Many times members don’t have the skill, the timeliness, the self application or the approval to get things done. Some are great and some just grate! By being on the committee you are joined at the hip but by not being on the committee you can have influence from arms length and even get paid under the right circumstances to get things done which you can’t on the committee. I’ve found quoting the Act is a good way to get attention. It is is pretty general but it’s a good back up should you feel things are not be getting done or done well enough or in good time or good value. Call the Office of Body Corp in Qld for precise Act info and feedback. You can download the BCCM Act online yourself to get a heads up that seemingly no one else bothers to do. Oh, with or without a contract your longtime garden attendee is still considered as having a contract I think. Do your best, and do it all on your own time and terms. Cheers, C.
Hi Jack Rabbit
We have received this reply back from Frank Higginson, Hynes Legal:
To be honest Nikki, and with all due respect to Jack Rabbit, this is the sort of thing that keeps us lawyers in business. In essence I see it as throwing stones from the sidelines. ‘Cabinet solidarity’ does not apply at committee level and differences of opinion happen. If someone with knowledge gets involved they can guide the committee the right way, step out of decisions they don’t want to be part of and go from there. The alternative is we get to advise on what the owner of lot 21 has alleged the Commissioner’s Office told them about section such and such of the Act as far as it relates to the stone thrower.
Hi Frank, the original poster has tried your suggested way and her story and stress is not unusual. Being on the committee is the ideal but if you just can’t be stressed dealing with dominant folk, self interest, mafia or buffoons then reference to the Act and Commissioner’s Office are at least one unemotional way forward. At least from there you have a starting point to pick your battles and hopefully people can all get on the same page and have some understanding of their obligations. And from which after all reasonable endeavors are undertaken you have the right path to Adjudication should it unfortunately come to that. I’ve found the Commissioner’s Office very helpful for general advice which all parties can refer to and should they decide on expert paid advice they can then seek your own professional service to further the cause. My direct experience is that many folks on committees don’t understand the role, their obligations or the workload requirement and that they are there to serve not pontificate, to stay on top of it all. It’s all a pain some times and I can understand why some folks don’t want to bother with it at all.
Di’s story is the one many owners share, I am afraid. However, Frank is correct – the only way is to run your own affairs and thus have the influence.
To be a sole voice on committee would lead only to frustration. You will need to inspire other owners to step up and get involved in the committee as well to have better support in the initiatives and actions your scheme may need.
You are the judge of how you want to influence the affairs of your body corporate – as an owner, or a committee member. Nevertheless, running the body corporate requires decisions of owners, and committee members are in majority unpaid volunteers – it is therefore up to all owners to participate in sharing the work load.
There is an arrangement under the legislation for cases where no owner steps up for the committee – to engage BCM to carry out functions of committee and executive members (“Part 5 engagement”,s. 122 of the Act). It may be more expensive way to go, but maybe the better way than neglect for some.
Good luck with your scheme.
Jana Koutova
EO, Unit Owners Association of Queensland Inc.
I joined a body corporate committee in order to get involved and have the scheme comply with the Act. After 18 months of being ignored by the secretary and copious of written communication with her, I gave up. She would not hold committee meetings as my views and ideas where not the same as hers. Every suggestion I made was rejected Letters that were sent by myself as a lot owner were never addressed or presented at committee meetings (she reluctantly called a committee meeting before the recent AGM to discuss and approve levies and budgets) . I have stood down as treasurer and feel I may be able to do more as a relentless unit owner. Unfortunately our body corporate is self managed and it’s a complete disaster. The other unit owners are apathetic and have no interest in maintaining their investment as they will not approve spending of any sort. We currently have a unit that we cannot sell. As much as I agree about getting involved, being part of a committee is not necessarily going to make any difference, if the numbers are stacked against you.