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FAQs for Townhouse Communites
+ Q: Can I use the garden area outside my unit just for myself?
A: If it is part of the property you own (including Exclusive Use Areas), then yes. If it is common property, permission must be granted from the body corporate.This will involve a motion being lodged at a general meeting requesting an exclusive use by-laws being granted. This usually requires an exclusive use by-law by special resolution without dissent to pass at a general meeting. Exclusive use by-laws may have condition attached that is the body corporate may require the owner to make periodic payments to the body corporate. Please refer to Body Corporate and Community Management Act 1997 s171 requirement for the exclusive use by-law.
+ Q: What should I do when I want to carry out renovations?
A: If alterations to your lot affect common property, approval in writing is required from the body corporate. Please review the by-law before planning any further actions. If you are unsure, please contact Innovision and we will assist you with the appropriate procedure and steps to follow.
+ Q: Who is responsible for looking after the wheelie bins?
A: The owners (or residents) are responsible for ensuring their bins are kept clean and put out every week for the rubbish trucks.
+ Q: Can I park in a section of the driveway that’s common property?
A: Firstly, a request must be written to the body corporate manager. A general meeting will then be held and owners will vote on granting you permission.
+ Q: Can I keep an animal in my unit?
A: Schedule 4 By-law 11 is identified in the Body Corporate and Community Management Act 1997 as keeping of animals.
The occupier of a lot must not, without the body corporate’s written approval– (a) bring or keep an animal on the lot or the common property; (b) Permit an invitee to bring or keep an animal on the lot or the common property;
The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property.
+ Q: 想要採取更換經理人服務公司嗎?
A: 以下為簡易的流程圖給各位參考:
索取小區當下的經理人服務合約, 確定合約到期日,如無重大違規, 則須在到期日的那一年才可開始採取 更換措施.
當一旦決定採取措施, 就必須在年度大會前提出動議. 盡可能各個小區的住戶及鄰居們做好溝通以便在年度大會出席即投下同意票
確認出席及投票的人數超過總住戶的25%
過半數投票人同意即可更換經理人服務公司維新物管將會替您接手一切的事務
FAQs for Apartment
+ Q: Who is responsible when a shower tray that is below the bathroom floor level and tiled is leaking slowly into the unit below?
A: In Queensland, unless otherwise provided within the Community Management Statement of the scheme, individual owners are responsible for the maintenance of shower waterproof membrane.
+ Q: Who is responsible for fixing the centralized duct air conditioning system when there is a gas leak issue in my apartment unit?
A: This depends on whether the air conditioning unit services more than one unit. If the air conditioning unit only services one uni, the uni owner would be responsible for the repair.
+ Q: Who is responsible for when the sliding glass door from the lounge to the balcony needs repair?
A: The Land Title Act 1994 (PDF) defines a building format plan (BFP), previously known as a building unit plan (BUP). Where 1 lot is separated from another lot or common property by a floor, wall or ceiling, the boundary of the lot is the centre of the floor, wall or ceiling.
The body corporate is usually responsible for maintaining:
the outside of the building;
the foundations and roof of the building;
roofing membranes that are not on common property but give protection for lots or common property;
essential structural elements of the building (like foundation structures, roofing structures that provide protection and load-bearing walls) even if they are not on common property;
roads, gardens and lawns on common property;
facilities on common property (like swimming pools and barbecues);
railings or balustrades on, or near to, the boundary between a lot and common property, including the balustrade on a private balcony;
any doors or windows, and their fittings in a boundary wall between a lot and the common property (including in balconies, and including garage doors and their fittings);
utility infrastructure (like equipment, pipes and wiring) that is on common property, or in a boundary structure, or services more than 1 lot.
Lot owner maintenance - The lot owner is generally responsible for:
the inside of the lot, including all fixtures and fittings inside the lot;
doors and windows leading onto a balcony that forms part of the lot;
a shower tray used by the lot, even if it is not within the boundaries of the lot;
utility infrastructure (like equipment, pipes and wiring) that is within the boundaries of the lot and only services that lot;
utility infrastructure (including equipment and associated wiring and pipes) that is on common property, if it only services that lot and is a hot water system, washing machine, clothes dryer, air-conditioner or similar equipment;
any fixtures or fittings, including on common property, that were installed by the occupier of a lot for their benefit exclusive use areas the owner has the benefit of, unless the exclusive use by-law says otherwise.
+ Q: If there is a vehicle parked on common property .e.g driveway or visitors parking area, can the building manager or body corporate manager tow the car away?
A: This will depends on the by-laws of the building and please contact Innovision to discuss further as this has traditionally been an extremely contentious issues in strata and community living.
+ Q: Someone is making a lot of noise and its disturbing my sleep. How do I get them to stop?
A: If you have a caretaker at the scheme, contact the caretaker as your first attempt to resolve the issue. If this is fruitless, make contact with your body corporate manager. The last step would be to lodge a adjudication via the Office of the Commissioner for Body Corporate and Community Management.
+ Q: What if the damage was accidental rather than caused by negligence? Is there a difference in whom is responsible for the repair?
A : The body corporate must repair common property and an owner must repair their lot – it does not make a difference how the damage occurred. If someone else damages your property, then like any damages claim, you may take legal action to recover the cost of repairs from that person.
Section 36 (Rights and responsibilities for common property) of the Body Corporate and Community Management Act 1997 provides that,
(1) The body corporate for a community titles scheme may sue and be sued for rights and liabilities related to the common property as if the body corporate were the owner of the common property. Example— If a person, including the owner of a lot included in the community titles scheme, damages the common property, the body corporate may sue to recover the loss arising from the damage.
+ Q: Can I charge the body corporate for the leaking tap in my bathroom?
A: Generally speaking, no. The taps are internal of the apartment and not in or relating to the benefit of more than one lot or the common property, so it is unlikely that the bathroom tap of a lot would be classified as common property. If you are renting, contact the office of the real estate agent from whom you are renting, or your landlord if renting directly.
The Land Title Act 1994 (PDF) defines a building format plan (BFP), previously known as a building unit plan (BUP). When 1 lot is separated from another lot or common property by a floor, wall or ceiling, the boundary of the lot is the centre of the floor, wall or ceiling.
+ Q: What can I do when I have noticed that the residence above me pulled up their carpet without permission of the body corporate and laid down a floating floor which is making a lot of noise?
A:
- Check by-laws
- If the by-laws of your scheme do not provide a procedure regarding the replacement of floating timber floors and/or tiles, please contact Innovision to revise your by-laws.
+ Q: Can the body Corporate force me to remove a shed/glasshouse from my balcony?
A: If the shed/glasshouse is adversely affecting the outward appearance of a lot or is an occupational health and safety hazard in its position on the balcony, then the body corporate does have the right to request its removal. In general if in doubt, simply ask the question prior to purchasing and installing anything on your balcony, it could save you unnecessary expense. Remember too, to consult your body corporate by-laws which can also provide guidance in many similar situations.
Appendix
+ Definitions and Abbreviation
- AGM – Annual General Meeting
- BCCM Act – Body Corporate and Community Management Act 1997.
- BCM – Body Corporate Manager.
- Budget – the estimated amount of funds required to meet and discharge the obligations of the body corporate.
- By-laws – customised rules for living incommunity titles scheme encapsulated in Schedule C of the CMS for the scheme.
- CMS – Community Management Statement; the registration document of the body corporate setting out the schedule of lot entitlements, by-laws and exclusive use
- CSLE – Contribution Schedule Lot Entitlement.
- EGM – Extraordinary General Meeting.
- ISLE – Interest Schedule Lot Entitlement.
- Lot Owner – the owner of a lot, not necessarily an occupier at the scheme.
- RUM – Resident Unit Manager, sometimes referred to as the building manager or on-site manager. RUM is a term used by the management rights industry. Building manager is a term used by the body corporate industry and on-site manager by the real estate industry. All industries tend to use all terms interchangeably.
Legislation
+ Legislation in Queensland
In Queensland, strata-titled properties are governed under the Body Corporate and Community Management Act 1997 (“BCCM Act”). The BCCM Act’s primary objectives are to provide for the establishment and operation of community title schemes. Under the BCCM Act, there are five regulation modules that cater to different schemes:
Depending on the nature of the scheme, the regulation module it is registered under should be different. It is not unusual for schemes to be registered under a regulation module that is not suitable for the nature of the scheme. A comparison of the effect of a change in the regulation module applying to a scheme can be found below in BCCM Form 19.
Click here to understand more about your rights from Body Corporate and Community Management.
If you have enquirers regarding how your body corporate is regulated, please contact Innovision.