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Right of Access to Body Corporate Records

TESTING THE LIMITS… OR JUST PERVERSELY UNINFORMED? 24.1: Merrimac Heights [2018] QBCCMCmr 278 The UOAQ has come across a number of recent adjudications where the applicants/owners have been put to seemingly unnecessary trouble, and personal expense, by their bodies corporate concerning already settled matters of law which clearly favour the applicants. Looking at these adjudications,…

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Motions with Alternatives: When 2 into 1 Must Go

The ‘ands’ versus the ‘ors’ Unfortunately, many AGM agendas contain motions whereby different proposals are bundled into the one motion.  Owners are provided with only one choice even though they may wish to say YES to one proposal and NO to another.  These motions offend both common sense and common law – and they do…

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Sinking Fund Contingencies – Allowed or Not?

Newsflash #36 and The Duporth Riverside [2017] QBCCMCmr 177 The UOAQ published Newsflash #36 in February 2018, alerting members to a 2017 adjudication order that a body corporate’s annual Sinking Fund Budget cannot include provision for unexplained contingencies. Put simply, a budget is not a lolly jar. It can only “…include specific items of expected expenditure…

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Spending and Payment Rules of Bodies Corporate

22.2: Liability to Pay v Actual Payment:  A Golden Rule for Each Liability to Pay: arises when a body corporate contracts with either a supplier of goods or a service provider. Actual Payment: transfer of body corporate monies to the supplier, or provider, upon receipt of the invoice.  The rules for ‘liability to pay’ are…

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Some Bodies Corporate Do Not Need to Collect GST

A New Tax System (Goods and Services Tax) Act 1999 Since 1 July 2000, we have all become used to paying tax as part of making payments for most of the goods and services that we purchase.  The services provided by Bodies Corporate to their members and others are no different.  In the words of…

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Strata Spending – GST May Be the Tipping Point

11.1: Spending Controls: GST may be the tipping point Many questions should be considered before approving any expenditure. Understandably, the BCCM legislation places many checks and balances on the expenditure of owners’ funds, whether it be from the administrative fund or the sinking fund. Both the body corporate and the committee are subject to a…

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Construction Costs are Rising, Ignore Them at Your Peril

Strata insurance is compulsory, expensive, and contains many risks. One of the big risks involves the Building Sum Insured (BSI).  Getting it right is not easy… getting it wrong can cost you lots of money. This applies to both over-insurance (premiums too high), and under-insurance (cover too low). Over-Insurance can be expensive Much has been…

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Contingency Planning in Sinking Fund Forecasts

22.1: Sinking Fund Analysis [SFA] & Contingency Forecasting We’ve Always Done It This Way It is a long-standing practice for valuers and quantity surveyors to include provision for ‘contingencies’ in their 10-year Sinking Fund Analysis Forecasts [SFAF].  It is included in each year of their forecast, generally about 10% of the averaged contributions over the…

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