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Access to Body Corporate Records: Deny it at Your Peril

Access to body corporate records under s. 205 of the BCCM Act.  A major development and a victory for owners! Much has been written about this topic and there have been many Adjudications,  generally prompted by a seemingly never-ending supply of devious arguments and fanciful inventions by body corporate committees and body corporate managers to…

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Good management practices in committee decisions

The Seven Key Questions for Every Committee Decision   Getting things right in strata land is easier if you first ask the right questions. And the first question you need to ask is, what are the right questions? The UOAQ  has identified seven key questions which should be considered by any committee before it proceeds…

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Debt Recovery: The Queensland Court of Appeal Speaks

Last year, a  District Court judge ruled that the usual 6-year limitation period under s.10 of the Limitation of Actions Act 1974 (Qld) does not apply in the face of the specific “2-years and 2-month” rule set out in s.145(2) of the Standard Module.  (see also s.143(2) AM) Refer:  BC for Mount Saint John Industrial…

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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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