Proper and timely maintenance is one of the most important parts of administering a community titles scheme. A body corporate has a strict statutory duty to maintain its common property (including utility infrastructure) and assets in a good and structurally sound condition.

It is not enough to merely take ‘reasonable steps’ or ‘attempt’ to keep the common property in good repair. It is a positive obligation to ensure the requisite steps are taken. It has been held that:

“… the statutory duty to maintain is breached “as soon something in the common property is no longer operating effectively or at all, or has fallen into disrepair” …”

In many instances, compliance with the strict maintenance duty can be costly and time consuming. However, such considerations are ultimately irrelevant and must not be used as an excuse for not undertaking maintenance.

Sometimes however it can be a real battle to get the maintenance works approved.

Here are some considerations which may assist a committee getting major expenditure works across the line...

One of the most common questions we receive is whether there are specific sections of legislation that clearly define the responsibilities of each committee member.

The reality is that references to committee roles and responsibilities are spread across multiple sections that outline the functions each committee member may perform.

In some instances, what is assumed to form part of a certain committee member’s role is not addressed in the legislation at all. 

The committee is tasked with the administrative and day-to-day running of the body corporate. They make decisions on behalf of the body corporate, provided the decisions are within their spending limit and are not restricted issues.

The committee must also put into effect the lawful decisions of the body corporate.

The aim of this article is to provide a description of each role within your committee, and hopefully debunk some myths that exist about them within the wonderful world of bodies corporate...

Following the opening of our October seminar series on the Sunshine Coast, we're heading to the Gold Coast next Wednesday!

As our Strata Community Education Seminar Series continues across Queensland, we’re excited to introduce our next lawyer guest speaker, Peter Hunt, Director at Mathews Hunt Legal, who will share his legal perspective on body corporate financial decisions.

As our panel follows the financial journey of a body corporate, Peter will explore an important part of the picture – what happens when financial decisions intersect with legal obligations, committee authority and the appropriate approval processes?

Forearming the Committee – By Chambers Russell Lawyers

Body Corporate Finances: Meet Jason Carlson Next Week – By Smart Strata

One Storm, Three Claims – By PHJ Services

Death, Tax… And Body Corporate Levies – By Stratify Legal

Your Committees Role in Body Corporate Finances – By Smart Strata 

Before You Compare Repaint Quotes – By Prestige Home Transformations