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UOAQ's Hotline: General meeting motion ruled out of order

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Our helpline receives many queries from our members and public every day. Whilst some relate to the particulars of the scheme or owner involved, there are many which can benefit all our members.

 

Q.  I believe that one of the motions for our upcoming AGM is out of order.  What should happen on the meeting?

A.

The general meetings are chaired by the Chairperson of the committee if they are in attendance.  If the chairperson is not at the meeting, people at the meeting who have a right to vote can choose another person to chair the meeting.

One of the duties of the Chairperson of the meeting is, where necessary, to rule a motion out of order.

The legislation (Modules Regulations) prescribes very specifically (s 81 SM, s 79 AM) when the motion must be ruled out of order. The Chairperson of the meeting must rule a motion out of order when a motion, if carried, would:

  • conflict with the legislation (Body Corporate and Community Management Act 1997), applicable Regulation, the body corporate by-laws or another motion already voted on at the meeting,
  • would be unlawful or unenforceable for another reason, or
  • the substance of the motion was not included on the agenda for the meeting

Read more ...

Review of the Disability (Access to Premises - Buildings) Standards 2010 Report and Government's Response to the Report released

 

The Government called for submissions on Discussion Paper: Review of the Disability (Access to Premises - Building) Standards 2010 in April 2015. You can find UOAQ Submission here.  

Today, 3 March 2017, the Government released the Review of the Disability (Access to Premises – Buildings) Standards 2010 (Premises Standards) Report and its Response to the Report. The Government response sets out reforms to be made to the Premises Standards to improve their effectiveness and clarity, as well as new measures to assist with their application and evaluation by government and industry.

The Premises Standards Review Report and the Government’s response to the Report can be accessed at the Department of Industry, Innovation and Science website at https://industry.gov.au/PremisesStandardsReview. An easy read version is also available on the website.

A joint media release from the Minister for Industry, Innovation and Science, Senator the Hon Arthur Sinodinos AO, and the Assistant Minister for Industry, Innovation and Science, the Hon Craig Laundy MP, can be accessed at http://prod-minister-industry-gov-au.industry.slicedtech.com.au/ministers/sinodinos/media-releases/disability-access-standards-reforms-set-improve-access-public.

Australian Consumer Law: Interim Report available for submissions

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Have your say on the Australian Consumer Law

Australian Consumer Law has released the review’s Interim Report on 14 October 2016 and is calling for submissions. Both the report and information on how to make a submission are available on the Australian Consumer Law website.

Consumer Affairs Australia and New Zealand (CAANZ) is conducting the Australian Consumer Law Review and appreciates your input. Your submission will help inform the review’s Final Report that CAANZ will provide to consumer affairs ministers by March 2017.

Submissions to the Interim Report close on Friday 9 December 2016.

 

Mindhive challenge

To supplement feedback to the Interim Report, the Australian Consumer Law Review is using Mindhive, an online community of experts, to crowdsource innovative and disruptive solutions and you are invited to take part.

The Australian Consumer Law Review will post three challenges on Mindhive during the Interim Report consultation period with the first, on digital content and consumer protection, to be released early next week.

If you would like to participate in any or all of these challenges, please reply to the email This email address is being protected from spambots. You need JavaScript enabled to view it. indicating your interest.


Have your say: West Indian drywood termite control

 

1. West Indian drywood termite                    2. Damage caused by drywood termite
West Indian drywood termite Damage caused by West Indian drywood termite  

The Department of Agriculture and Fisheries conducts the public consultation process about drywood termite control.  Public consultation closes on 27th of February 2016.

Property owners and other affected parties are being invited to provide feedback on the future management of West Indian drywood termite, particularly who pays for treatment.

Queensland Chief Plant Health Manager Mike Ashton said the termite is a serious pest of timber used in construction, and it is important that we continue to contain it.

“The Queensland Government’s surveillance and treatment program has successfully confined the pest to sites in Brisbane, Wide Bay, Townsville and Rockhampton,” Mr Ashton said.

Read more ...

BCQ e-lert: Building and Plumbing Newsflash 549

Icon Have your say on the Security of Payment discussion paper

Building Codes Queensland's latest Building and Plumbing Newsflash is now available online.

To view, visit the Department of Housing and Public Works website.

For more information, please email Building Codes Queensland at This email address is being protected from spambots. You need JavaScript enabled to view it..

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Building Codes Queensland e-lert: Building and Plumbing Newsflash 542

Icon Back-flow prevention devices for rainwater tanks

Building Codes Queensland's latest Building and Plumbing Newsflash is now available online.

To view, visit the Department of Housing and Public Works website.

For more information, please email Building Codes Queensland at
This email address is being protected from spambots. You need JavaScript enabled to view it..

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BCCM dispute resolution applications now online!

Did you know you can now complete a dispute resolution application online? 

The online completion of a conciliation application and an adjudication application has been designed to guide customers through each section of the form. It helps customers name the correct parties and ensure they meet the self resolution requirements.

Go to www.qld.gov.au/bodycorporatedisputes for more information on dispute resolution.Once customers have filled in each section they can download the completed form in pdf. This gives the customer a completed electronic copy for their records. The customer may print and lodge the completed form with our office ensuring all supporting documentation is attached.  Lodgement of the forms can be by email, post or facsimile. The application fee can now also be paid by credit card over the phone (3227 7654) or online at www.qld.gov.au/bodycorporatepayments.

Note: You cannot lodge the form online. This service is to help you complete the form for lodgement by post, email or facsimile to the BCCM Office.

Office of the Commissioner for Body Corporate and Community management

1800 060 119

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Building Codes Queensland e-lert: Buildnig and Plumbing Newsflash 538

IconCommencement of Queensland Development Code Mandatory Part 2.4—Construction in bushfire prone areas

Building Codes Queensland's latest Building and Plumbing Newsflash is now available online.

To view, visit the Department of Housing and Public Works website.

For more information, please email Building Codes Queensland at
This email address is being protected from spambots. You need JavaScript enabled to view it..

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Review of the Disability (Access to Premises - Buildings) Standards 2010 (Premises Standards)

The Department of Industry and Science, in conjunction with the Attorney-General’s Department, is calling for submissions on the effectiveness of the Disability (Access to Premises – Buildings) Standards 2010 (Premises Standards) in providing access to buildings for people with disability.

The Premises Standards, which came into effect on 1 May 2011, aim to provide people with disability with dignified and equitable access to buildings, and provide certainty to industry that they are complying with the Disability Discrimination Act 1992 (DDA).
 
 
As required by Part 6 of the Premises Standards, the review will:
  • consider the effectiveness of the Premises Standards in achieving their objectives including whether the Standards have:
    • provided people with disability with dignified, equitable, cost effective and reasonably achievable access to public buildings, and facilities and services within buildings that they have a right to enter, and
    • given greater certainty for the building industry that access to buildings is not unlawful under the DDA; and
  • identify any necessary amendments to the Standards.

It will also consider:

  • the interaction between the Premises Standards and existing regulatory schemes operating in state and territory jurisdictions; and
  • inconsistencies in the interpretation and application of the Standards.

Also, the review will examine progress with the implementation of the Government’s response to the Access to All Areas House of Representatives Standing Committee on Legal and Constitutional Affairs 2009 report. In doing so the review will include, but not be limited to, a consideration of the following issues: the small building exemption, the lessee concession, 80th and 90th percentile wheelchair dimensions, locking off lifts, accessible sanitary facilities, swimming pools, accessible parking, accessible room requirements in accommodation buildings, wayfinding, emergency egress, and public transport buildings.

Read more ...

Expressions of Interest for general referees

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Building Codes Queensland, Building Industry and Policy

Expressions of Interest for general referees - Building and Development Dispute Resolution Committees (Committees)

Committees provide an accessible, affordable and timely service for members of the public not satisfied with decisions made by local government and private certifiers. Committees hear appeals about matters such as siting requirements, inspections of building work, swimming pool fencing, fire safety, plumbing and drainage, compliance assessment, limited development approvals, water and sewerage connections and infrastructure charges notices.

General referees must possess qualifications or experience necessary to hear and decide appeals against decisions made under the Sustainable Planning Act 2009, Building Act 1975, Residential Services (Accreditation) Act 2002, Plumbing and Drainage Act 2002 and the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

Referees may be appointed from private sector or local government and public sector. Given the appeal matters the Committees hear, qualifications in the following areas are highly desired:

Read more ...

Important information for premises directly monitored by QFES

The Queensland Fire & Emergency Services (QFES) has recently explored innovative strategies in its service delivery model to ensure unnecessary attendance to reset alarm signals from monitored fire indicator panels is not impacting the community financially.
 
It was identified that QFES vehicles were attending premises where fire alarm panels had reset automatically and required no action from the attending officers.
 
In an effort to deliver a sustainable service that minimizes cost to premises/building owners, effective 10 February 2015, QFES will no longer attend premises where the fire alarm panel has reset within a 10 second time frame.
 
The QFES will now phone the premises (up-to-date contact details to be supplied by premises owners) to advise them of any reset alarm notifications. Where contact can be made with a responsible person from the building, there will be no physical attendance by the QFES to an alarm that has reset within 10 seconds and no fee will be charged. Should QFES be unable to make contact with a responsible person the fire service may attend the premises and a fee for service may be charged.
 
In situations where the fire alarm panels have automatically reset themselves, other building services may have been inadvertently activated by the reset panel. These other systems may need to be reset by manual intervention. Building owners or occupiers will be responsible for ensuring all other building services (e.g. Evacuation Systems or pumps) have been reset and are not left in an isolated state. Should maintenance or assistance with the alarm panel be required, the premises/building owners should contact their fire alarm service provider.
 
To update your contact details please contact AARM Data on 1800 836 133. Any questions about the new process can be directed to AARM on 1800 289 785 or see the Community Information leaflet.
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Important information to know about the consultation on the Wallace Report

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   Building Industry and Policy

Dear stakeholders,

Thank you for those who have provided your feedback on the Wallace Report recommendations.

We will continue to accept submissions until 30 January 2015, however, the department is currently subject to the caretaker conventions related to the Queensland State Election on 31 January 2015. Once these conventions end, we will assess all feedback and confirm the next steps on the consultation.

For more information or to have your say, please visit the Building legislation review page on the Department of Housing and Public Work.

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New contact details for the Registrar of the Building and Development Dispute Resolution Committees

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   The Building and Development Dispute Resolution Committees

 
The Building and Development Dispute Resolution Committees Registry has a new hotline number.

Building and Development Dispute Resolution Committees
Building Industry and Policy
Queensland Department of Housing and Public Works
Mail: GPO Box 2457, Brisbane, Qld, 4001
Registrar hotline: 1800 804 83
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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Property Law Review - release of BCCM Governance (Paper 1) for consultation

The Queensland Government is now inviting feedback on an options paper prepared by the Queensland University of Technology (QUT) about body corporate governance matters, as part of the review of the Body Corporate and Community Management Act 1997. This is the first of three consultation papers dealing with body corporate governance matters. The options paper examines issues relating to by-laws, recovery of body corporate debts and termination and redevelopment of community titles schemes.

Submissions close on 30 January 2015. The submissions should be sent to QUT. Their contact details are given in the link here.

The second body corporate governance paper will examine administrative and procedural issues under the Body Corporate and Community Management Act 1997 relating to a range of matters including general meetings, the body corporate committee, and dispute resolution.

A third paper about body corporate matters, to be released in a future stage of the review, will consider the possibility of a transition to the Body Corporate and Community Management Act 1997 for community titles schemes regulated under the Building Units and Group Titles Act 1980.

Resources:

Property law review - Body Corporate Governance Options Paper 1

Property Law Review Issues Paper 1: Seller Disclosure in Queensland

Property Law Review Issues Paper 2: Lot Entitlements under the Body Corporate and Community Management Act 1997

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Building Codes Queensland e-lert: Building and Plumbing Newsflash 537

Icon A revised version of Queensland Development Code Mandatory Part 1.4 —Building over or near relevant infrastructure (MP 1.4) will commence on 15 December 2014

Building Codes Queensland's latest Building and Plumbing Newsflash is now available online.

To view, visit the Department of Housing and Public Works website.

For more information, please email Building Codes Queensland at
This email address is being protected from spambots. You need JavaScript enabled to view it..

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PAMDA Split

[from the BCCM Newsletter]

As of 1 December 2014, the Property Agents and Motor Dealers Act 2000 (PAMDA) will be repealed and replaced with four industry specific acts:

The Body Corporate and Community Management Act 1997 will be affected by this change. Currently a person selling a lot in a community titles scheme is required to attach an approved warning statement and an approved information sheet to a contract of sale. This requirement will be removed commencing 1 December 2014.

This means that a person selling a unit in a community titles scheme will no longer be required to attach a BCCM Form 14 Information Sheet to a sale contract. As a result, the BCCM Form 14 will be revoked and removed from the BCCM website. The Property Occupations Act 2014 will now require sellers to include a prescribed statement directly above the signature block in a proposed relevant contract. The prescribed statement provides information about the statutory cooling off period and encourages buyers to seek independent legal advice and to obtain a valuation for the property before signing the contract.

Please note that the requirement for a seller to give a buyer a disclosure statement during the sale process will remain the same and will not be affected by the legislative changes.

If you require further information about the changes to the Body Corporate and Community Management Act 1997, please phone the Commissioner’s Information Service on 1800 060 119 or email your queries to This email address is being protected from spambots. You need JavaScript enabled to view it..

The Office of Fair Trading (OFT) is the regulatory body for the new industry specific acts. For more information about the legislative changes please visit OFT’s website or phone 13 QGOV (13 74 68).

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Building Codes Queensland e-lert: Fire Safety Installations

 Icon Reminder that the six month transition period ends on 1 January 2015

On 1 July 2014, amendments to Queensland Development Code (QDC) Mandatory Part 6.1 (MP 6.1)—Commissioning and maintenance of fire safety installations took effect to adopt the 2012 edition of Australian Standard (AS) 1851 - Routine service of fire protection systems and equipment.

A six month transition period currently applies in which MP 6.1 references both the 2005 and 2012 editions of AS 1851. The transition period commenced on 1 July 2014 and will end on 31 December 2014.

From 1 January 2015, only the 2012 edition of AS1851 will be able to be used to meet the requirements of MP 6.1.

For further information about the QDC 6.1 changes, a presentation is available on the Department Housing and Public Works’ website under the Fire safety installations web page.

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Storm damage

Community titles schemes affected by storms

The storm which came through Brisbane and South-East Queensland on 27 November – and others like it – have caused loss, damage and inconvenience to many. We extend our sympathy to those in community titles schemes who are experiencing difficulties as a result.

Lot owners and anyone involved in a body corporate are encouraged to work together and to recognise the stress that others may be experiencing during this difficult time. 

To assist people affected the Office of the Commissioner for BCCM have put together information on how to deal with problems caused by the storm including issues about clean up, damage and insurance.

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Building Codes Queensland e-lert: Building and Plumbing Newsflash 536

Icon Release of an external review of the Building Act 1975 and building certification in Queensland

Building Codes Queensland's latest Building and Plumbing Newsflash is now available online.

To view, visit the Department of Housing and Public Works website.

For more information, please email Building Codes Queensland at
This email address is being protected from spambots. You need JavaScript enabled to view it..

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Building Codes Queensland e-lert: Have your say

Icon Improving the resilience of existing housing to severe wind events

The Bushfire and Natural Hazards Cooperative Research Centre and James Cook University’s Cyclone Testing Station are currently working on improving the resilience of existing housing to severe wind events. As part of this project, the Cyclone Testing Station is conducting a survey about typical retrofit practices for upgrading existing housing stock in Australia to resist wind and water intrusion. Completing the survey takes around five minutes.

The survey closes on 31 December 2014 and is available by clicking here.

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