Read on for the latest strata news and events
News   I   Suppliers   I   Events   I   Education

Debt Disputes - The Grove Decision Case Study

This article was contributed by Michelle Scott – Commissioner for Body Corporate and Community Management

A ‘debt dispute’ is a dispute about the recovery of a debt under the Act by a body corporate from an owner. Generally speaking, a body corporate may commence QCAT or court proceedings to recover debts owed by an owner and, while a debt dispute may be brought to our office for conciliation, our adjudicators do not have jurisdiction to deal with debt disputes.

This gives rise to a relatively common question about whether a dispute can proceed to adjudication if the owner has already paid an amount to the body corporate and the owner is seeking reimbursement?  Adjudicators’ decisions generally indicate that disputes about reimbursement of an amount that has already been paid by an owner to a body corporate may fall within an adjudicator’s jurisdiction. 

However, a 2019 QCAT decision held that an amount paid by an owner to a body corporate may not be recoverable if it was paid voluntarily despite the owner believing they did not owe the amount, or without regard to whether they had a legal obligation to pay the amount. The QCAT decision related to a 2017 adjudication application by a lot owner at The Grove seeking reimbursement of an amount paid to the body corporate for cleaning. The application was considered by the adjudicator and an order made in favour of the owner for the reimbursement.

 

However, this decision was subsequently overturned in QCAT because the owner had paid the amount to the body corporate voluntarily, and not as a mistake.

Read about an adjudicator's order which was successfully appealed at QCAT regarding an owner's request to seek reimbursement for a cleaning bill.

Queensland’s Strata Pet Tug of War

Article contributed by Francesco Andreone, Go Strata

Strata pets aren’t celebrating in every state yet, as some places (like Queensland) are still making and enforcing by-laws and rules that prohibit pets or impose very strict controls on them. Are they right or are they out of step with laws, social moods, and post-COVID times?

 

Pets in strata buildings have been making a lot of noise over the last few years and things are changing fast in New South Wales and Victoria.

 

I’ve written already about the NSW Court of Appeal decision about pet ban by-laws in Cooper’s case [see  The Dogs of Strata War or The By-Law is Dead: Long Live the By-Law] and the new strata laws due to start later in 2021 [see  A Few Strata Law Quickies in NSW] that prevent many kinds of restrictions on pets.

 

And, very soon I’ll be writing about the new pro-pet laws that have been made in Victoria and how they impact strata buildings there.

 

But, I’ve recently been contacted by a Queensland strata owner about how the pet restrictions work in strata buildings there.  And, it’s a little the same and a little bit different.

 

So, here’s an overview of pet rules and procedures in Queensland strata buildings.

Strata Community Education Seminars

Brisbane next week!

Join us as we hear from Hynes Legal’s Frank Higginson and Chris Irons as they delve into the new strata regulations that commenced from 1 March 2021 and talk about how the changes are now impacting bodies corporate and where people are not quite getting it right. These new regulations change committee and general meeting processes ranging from voting rights to nomination entitlements along with many other procedural changes including new disclosure obligations. This session is a must for any strata committee member and will provide you the opportunity to speak directly with industry professionals about managing these changes within your strata community!

 

North Queensland Reinsurance Pool & Resilience Program Announced

Article contributed by Nicky Lonergan, CEO – Archers the Strata Professionals

 

Guide for Managing Body Corporate Building Defects 

Article contributed by Todd Garsden - Partner, Mahoneys
https://www.smartstrata.com/listing/national-sedgwick-building-consultancy-division/

Featured Course: Back to Basics


Are you a beginner to strata? If you answered YES, then the Strata Basics course is for you.
Foundation Partners
At Smart Strata our purpose is to provide you with the latest strata news and events, a comprehensive industry supplier portal and the best educational tools on the market to be the most informative resource in the Body Corporate industry.

Contact us today
View this email in your browser
You are receiving this email because of your relationship with Archers the Strata Professionals. Please reconfirm your interest in receiving emails from us. If you do not wish to receive any more emails, you can unsubscribe here.

Level 4, 97 Creek Street, Brisbane City, Queensland 4001, Australia

| | |