North Shore Strata Management

06/05/2022

A reminder to all owners in Strata complexes that the COVID legislation which put a "hold" on any interest being charged on overdue levies has now finished. From 1st May any buildings that were previously able to charge interest on delinquent levies will start again. Make contact with your Manager and discuss a payment plan if you are having any difficulties so this fee is not charged on your ledger.

17/03/2022

One week after North Shore Strata won this fantastic award at the SCA QLD Awards for Excellence at the Gold Coast and I am still reeling with excitement. What a fantastic effort by the team at NSSM. The beautiful Angela Fleming of Macquarie Bank presented the award on stage and I could not thank her enough for her guidance and friendship over the years. Outstanding achievement North Shore Strata. I am so proud of each and every one of you involved.

10/03/2022

Last night the team at North Shore Strata shone bright at the Star Casino on the Gold Coast winning the Qld Medium sized Body Corporate Management Company of the Year. Director, Cathy Pashley said it was a huge honor to be selected from such a worthy list of Finalists for the award and I am so proud of the team and all they have given to their jobs to achieve this award. Thank you to all our wonderful Clients for recommending us for this award and giving the judges reason to believe we are worthy of such a prestigious honor. We now go to compete against all the state winners at the National awards in Melbourne in June. 😀

08/10/2021

Today we present the answer to the question "Can you exclude unvaccinated people from using the pool".......

Thanks for Todd Garsden of Mahoney Lawyers for this response:

Prior to COVID, committees did not have the power to close or restrict occupiers from using common property facilities. By way of example, the adjudicator relevantly provided in Villanella [2017] QBCCMCmr 248:

If there is a safety issue or some other problem with the pool that rendered it unusable, the Body Corporate could potentially resolve to close the pool but that would be a restricted issue for the Committee.

The Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020 (Qld) was then introduced to allow committees the ability to close facilities if it is reasonably necessary to ensure compliance with a public health direction.

However, after the introduction of the new modules, this flexibility now no longer exists.

Accordingly, an important principle to be taken from this approach is that restrictions on facilities have only applied to the extent that they are required to comply with a public health direction.

A second principle that is important to consider is what by-laws can provide for. It is made clear in section 180 of the Body Corporate and Community Management Act 1997 (Qld) that by-laws cannot discriminate between different types of occupiers – ie. Those who are vaccinated and those who aren’t.

What all of this means is that in Queensland:
1. there is no present ability to restrict facilities based on vaccination status or to include such a restriction in a by-law; and
2. to restrict facilities based on vaccination status, there would need to be:
- a public health order specifically distinguishing between vaccinated and non-vaccinated persons using a particular facility; and
- new regulations introduced to facilitate the committee implementing such a restriction.

Got a question? Please ask us at [email protected]

05/10/2021

5 WAYS TO PROTECT YOUR SEASIDE STRATA BUILDING WITH PREVENTATIVE MAINTENANCE
By Higgins on September 17th, 2021 in News
When you think of ocean-side properties, what’s the first thing that comes to mind? Is it the smell of the sea breeze? The sound of seagulls circling overhead? The ease of walking down to the beach and feeling the warm sand between your toes? Or perhaps it’s the non-stop struggle of dealing with salt corrosion, excessive moisture and rusting metal?

If it’s the latter, you’ve obviously had some experience with oceanside preventative maintenance and the challenges it presents. Managing sea-facing buildings comes with some serious challenges, and it’s essential to understand these from the outset to avoid some potentially catastrophic problems.

In this article, we’ll discuss what you need to know about maintaining oceanside properties, including the risks of improper building management processes and some best practices to follow.

But first, forewarned is forearmed: The dangers of lax property maintenance for oceanside buildings

Buildings in coastal areas are exposed to the elements much more than those inland – sea air is more moist and contains high levels of salt, which causes common building materials like metals, wood, cement and paint to corrode much quicker than they would elsewhere.

Failing to treat your materials correctly can result in health and safety concerns. In addition to that, cracks, damp, mould build-up, and loose render can cause unsightly damage to buildings that are expensive to fix.

5 best practices for coastal strata building preventative maintenance

Stainless steel is an expensive necessity
Many metals, including certain types of steel, will rust quickly in coastal areas. Make sure you use stainless steel or corrosion resistant metals. They might be more costly than the alternative, but the reduction in maintenance costs will more than make up for the initial investment.

Treat all wood to ensure it doesn’t rot
Any builder worth their salt should know that treating wood correctly is essential to prevent it from rotting, especially in coastal areas with high levels of moisture in the air. Make sure any wood features, especially those that are structural and exposed, are treated correctly.

Invest in durable cladding
The materials that you select for your building – and most importantly the outside of your building – are a vital part of ensuring that it can withstand exposure. When selecting cladding materials, be aware of not just their aesthetic value, but of how well they’ll be able to stand up to the elements.

Get smart about the building materials you use
As we mentioned above, salt build-up can spell disaster for metals, so minimising the amount of metal you use will make property maintenance much more manageable. Consider using fibreglass framed doors and windows to avoid them from corroding – aluminium and vinyl are also options to consider, but they aren’t as rust-proof as fibreglass.

Make use of property maintenance experts’ services
The best way to ensure you’re prepared for the challenges that come with preventative maintenance is to partner with a maintenance contractor who has extensive experience in the field. Higgins has a wealth of experience with high-rise strata repaints and maintenance work in coastal regions – including a number of projects along the Sunshine Coast.

If you’re looking for a commercial property maintenance partner, Higgins offers integrated maintenance plans that cater to the specifics of your maintenance needs. Our tailored strategies protect any structure, regardless of its size, and are designed to result in long-term savings by maximising the lifespan of existing surfaces. To find out more about maintaining your coastal properties, download our free guide to Maintaining Your Painted Property.

03/10/2021

Feel like you’re paying too much in Body Corporate fees?
Ask us for a quote today 😁 www.northshorebodycorp.com.au

29/09/2021

SMOKE DRIFT DISPUTES
By Commissioner for Body Corporate and Community Management on September 22nd, 2021 in QLD
Smoking in community titles schemes (CTS) is the subject of many enquiries received by our information and community education unit. This article aims to provide information to owners and occupiers who may be having a dispute with someone else in their scheme about second-hand to***co smoke drifting from somewhere else in the scheme. There are a number of things you might want to consider when dealing with this issue in your CTS.

Nuisance

Section 167 of the Body Corporate and Community Management Act 1997 (the Act) provides that occupiers must not use a lot or common property in a way that causes a nuisance or hazard or interferes unreasonably with another person’s use or enjoyment of another lot or the common property.

While an occupier of a lot may contravene section 167 of the Act by allowing second-hand cigarette smoke to drift into another lot or the common property, it is also important to note that past decisions by adjudicators and the Queensland Civil and Administrative Tribunal (QCAT) about smoking have found that:

Smoking is considered to be an ordinary use of a lot.
The degree of nuisance, hazard or interference caused by second-hand smoke must be more than minor. Smoking is not unlawful simply because a person finds it annoying or unpleasant.
Each case must be judged objectively, from the point of view of a reasonable ordinary person and taking into account all of the circumstances.
Past decisions on smoking and nuisance are sometimes thought to allow owners and occupiers to smoke without restriction in a lot. However, adjudicators must determine each dispute application on its merits. Adjudicators may consider the unique circumstances of a particular case, new medical evidence about the harmful effects of second-hand smoke and changing community attitudes about the impacts of second-hand cigarette smoke on non-smokers.

By-laws

By-laws are legally enforceable rules specific to a scheme. The Act provides that a by-law may regulate how owners and occupiers use their lots and common property. However, in past decisions about by-laws, adjudicators and QCAT have determined that a by-law cannot completely prohibit an ordinary domestic activity. The Act also provides that a by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers. Therefore, smoking can be regulated, but not entirely prohibited, by a by-law.

Bodies corporate must enforce their by-laws. If you live in a CTS with a by-law that regulates smoking and you are exposed to second-hand smoke from another occupier, you could consider giving your body corporate a notice advising of the breach (BCCM Form 1). The body corporate will then be required to consider taking action about the matter with the smoker. If the body corporate does not take action you may be entitled to apply for conciliation with our office to address your complaint. Alternatively, if you can demonstrate your attempt to resolve the matter directly with the offending party you may consider lodging a conciliation application directly against them.

Lodging a dispute application

If you have an issue with someone smoking in your scheme or with smoke drift, it may be possible to lodge a dispute resolution application with our Office. Our Office has exclusive jurisdiction to resolve body corporate disputes in Queensland. Before you lodge an application, there are several steps you should try to address the issue, which are outlined below.

Self-resolution

Often the quickest way to address the issue of smoke drift is to resolve the problem directly with the smoker. This is known as self-resolution. Sometimes a smoker may not be aware of the issues they are causing. It might also be possible to come to an arrangement about smoking, e.g. smoking in a certain place or at a certain time, which might reduce its impacts.

If self-resolution is unsuccessful, you may apply to our Office for resolution of the dispute, through conciliation or adjudication. However, you should be aware that the Commissioner may reject your application if you cannot show that you have firstly made a reasonable attempt at self-resolution.

Self-resolution may involve the following:

As noted above, having a conversation with the smoker is a good first step in attempting to resolve the issue. The conversation may include discussing specifically when the smoking is an issue, including the frequency and location of the smoking;
Describing the specific health impacts the smoke is having on you as a way of conveying to the smoker the harm that the smoke is causing;
If the problem is not resolved, writing to the person using non-confrontational language and offering suggestions for mutually beneficial solutions; and
As noted above, if you consider the smoking is in breach of smoking by-laws, such as a by-law about smoking on common property, and your conversation and correspondence has not resolved the issue, your next step is to issue a notice to the body corporate advising them of the breach using the BCCM Form 1.

Conciliation

If attempts at self-resolution have been unsuccessful and a dispute application is lodged, conciliation is usually the next step. Conciliation is a process where parties to the dispute come together to try and reach an agreement. Our conciliators are also trained in body corporate legislation. They help educate the parties in an attempt to resolve their dispute. Some successful examples of conciliation outcomes involving smoke drift have included:

A smoker moving to the other side of the backyard to smoke;
A smoker shutting the door when smoking to prevent smoke drift; and
The use of a fan to blow the smoke away from the other lots.
Adjudication

Adjudication for a dispute about smoking may be possible if self-resolution and conciliation have been unsuccessful or are not appropriate. Adjudication is a more formal process than conciliation. An adjudicator makes a decision after considering the application, the evidence and written submissions from all those affected by the dispute.

Considerations

If a dispute application is lodged with us, objective evidence of how a nuisance or hazard is being caused may be required. This evidence may need to demonstrate the volume and frequency of the smoke drift. Some examples of how this could be proved may include:

CCTV footage of the person smoking;
Witness statements from other owner/occupiers;
Air quality tests; and
A diary of exposure times.
If you suspect an owner or occupier from a neighbouring lot is smoking an illegal substance, this is a matter best referred to the Queensland Police Service.

While the To***co and Other Smoking Products Act 1998 (Qld) prohibits smoking in a CTS in common property areas that are enclosed (for example, indoor gyms, games rooms or shared cooking facilities), smoking in a residential unit or lot is not subject to this ban and remains a lawful activity under that Act.

There are fees associated with conciliation and adjudication applications.

Further information

If you have further questions regarding dispute resolution, and making or enforcing by-laws, please contact us on 1800 060 119 or visit the BCCM website www.qld.gov.au/bodycorporate. You can also read more about by-law disputes in Practice direction 6 – By-law enforcement applications.



This article was contributed by the Commissioner for Body Corporate and Community Management.

We provide information and dispute resolution services for those who live, invest or work in community titles schemes in Queensland.

26/09/2021

Are you thinking of creating a social media page for your Strata? Read this first.
https://www.nicholsons.com.au/the-rules-have-changed-host-a-social-media-page-at-your-peril/
Thanks to Troy at Nicholsons for this article.

Like many, I’m a unit owner and, similarly like many, my body corporate committee has set up a page. There’s no doubting the intent of that – it’s a group to allow owners to discuss matters which relate to our scheme. Good idea? Think again... In a very recent decision , the High Co...

30/08/2021

TOPIC OF INTEREST - Changing your mind after you voted
If your body corporate voted on a matter in a general meeting and minuted appropriately and this decision implementation was delayed due to money issues or priorities - changing your mind does not affect this decision.

Take this example.
We have been advised that there are finally enough funds to go ahead with the installation of the separate meters and the plumber is still honouring his 2017 quote. The decision and the quote were minuted in 2017.

However, one of the body corporate members has now changed her mind and no longer wants this to proceed because she feels it’s a waste of money.

Can a body corporate member who voted on the installation change there mind after the decision is minuted?

The legislation deliberately makes it hard to challenge a resolution.
A Body Corporate must implement its decisions.

If an owner changes their mind about a Body Corporate resolution they can seek to have the resolution overturned by proposing a motion for the owners consideration at the next scheduled general meeting. An earlier meeting can be held if the owner persuades the committee to call a general meeting, or if the owner can gather the written support of 25% of the owners to compel a general meeting to be held.

If an owner believes a decision is invalid then they can seek to challenge the decision through the Commissioner’s office, provided that the adjudication application is made within 3 months of the decision (unless there is a good reason for the delay).

The legislation deliberately makes it hard to challenge a resolution so as to give the Body Corporate certainty about its decisions because otherwise nothing would ever be achieved.

Want to know more? Contact us at [email protected]

15/08/2021

TOPICS OF INTEREST - Meeting attendees
There are different rules for attendees at committee meetings and general meetings. Applying some common sense to dealing with this will assist community harmony. If an owner wishes to attend a Committee meeting to gain information about a particular issue and how it’s being addressed, then in most cases a committee should go out of its way to enable that to happen. Likewise, if an owner’s “support person” at a general meeting is being so loud and obnoxious as to disrupt the conduct of the meeting then the chair should request them to leave! Be prepared and check the rules for Committee and General meetings and how this can be dealt with. Want to know more? Contact us at [email protected].

11/08/2021

TOPICS OF INTEREST - Approving Major Maintenance and Improvement projects
Bodies corporate are no strangers to carrying out large or expensive projects. These projects can include:

1. scheduled body corporate maintenance work;
2. unexpected work (eg building defects); or
3. improvements that the body corporate might want to make.

Whilst there are a number of critically important steps in any project – for example, how to fund the project and who will undertake the work – there are 2 important matters that are commonly overlooked.

1. making sure the body corporate has the appropriate approval to authorise the work to be undertaken; and
2. ensuring an appropriate contract is in place to protect the body corporate’s interests.

Proper approval
To properly approve the project the body corporate needs to:

1. determine if the project is maintenance (repair to the original standard) or improvement (increase or change from the original standard);
2. confirm the scope and costs works, and the terms of any contract that would be entered into – and in some cases with multiple quotations; and
3. pass an appropriate resolution which authorises the project and entry into a contract.

These issues need to be dealt with to properly determine whether a general meeting is required, what threshold of resolution is required and how many quotes are required.

In one of our earlier articles we discussed body corporate spending limits in more detail here.

Proper contract
The majority of issues that arise in body corporate project disputes could have been avoided if the contract sufficiently protected the body corporate. In most cases, the body corporate simply signed the contractor’s template agreement that was provided to them (if there was a contract signed).

Accordingly, it is important that the contract the body corporate enters into for the project is appropriate. Unfortunately many template agreements that are regularly used:

1. are heavily weighted in favour of the contractor’s interests; and
2. do not factor in the unique nature of a body corporate.

Whilst the body corporate may feel that they do not have a say in the contract they receive, it shouldn’t stop them from understanding the risks and seeking changes where appropriate to do so. If a contractor is not willing to consider reasonable and necessary changes, it may be worth finding one that will.

An appropriate contract would consider at least the following issues:

- scope and cost of work;
- timeframe and milestones;
- payment terms and conditions;
- rights to cease work, or terminate the contract;
- warranties, indemnities and insurances;
- access arrangements;
- damage caused to common property;
- latent defect identification;
- variations to work;
- remedy of defective work;
- dispute resolution mechanism; and
- practical completion.

As the contract is a legally binding document, the body corporate should always engage a lawyer to review (or preferably, draft) the terms of the contract prior to being approved and executed.

In most cases the costs of obtaining such advice:

1. would be negligible when considered in the overall cost of the project; and
2. can save the body corporate a lot of time and money if a dispute occurs.

Written by Tod Garsden - Mahoney Lawyers.

W

08/08/2021

TOPICS OF INTEREST - Do you need 2 quotes?
Every body corporate will have a relevant limit for major spending. The default limit applies unless another limit has been set at a general meeting. Under the Standard Module the default limit is the lesser of $10,000 or $1,100 multiplied by the number of lots in the scheme. Once you go over the that relevant limit then you need at least 2 quotations, unless it's not practical for exceptional reasons. Want to know more? Contact us at [email protected]