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  • Body Corporate voluntary committee members appointed to deal with the Caretaking Service Contractor directors and employees & the Fair Work Act 2009

    Body Corporate volunteer committee members appointed to deal with the Caretaking Service Contractors - be mindful that your behaviour and communication is likely covered by the Fair Work Act 2009 Reasonable management action carried out in a reasonable manner When a Body Corporate Committee appoints a representative to be the liaison with a Caretaking Service Contractor, the Body Corporate representative should be aware that: while the Caretaking Service Contractor’s director(s) and employees are carrying out work associated with the caretaking duties, they are likely to be considered to be at a “constitutionally covered business” which means that under the Fair Work Act 2009 they are entitled to legal protection from “repeated unreasonable behaviour that creates a risk to their health and safety” (otherwise called “bullying at work”). the Body Corporate representative is entitled to engage in “reasonable management action which must be carried out in a reasonable manner”. It is important that the Body Corporate’s representative has a good understanding of the caretaking agreement and duties. the question of whether behaviour towards a Caretaking Service Contractor fall into the category of: "reasonable management action carried out in a reasonable manner” ------      or      ------ "bullying at work” turns on the facts of the representative’s particular communication and behaviour (which are determined based on the parties’ evidence given to the Fair Work Commission at a hearing). Fair Work Decision Example Involving a Body Corporate Chairperson in Queensland In the Fair Work Commission decision of Application by A [2018] FWC 4147 (13 July 2018), a Body Corporate Chairperson’s language and behaviour towards the Director of a Caretaking Service Contractor was assessed firstly to determine whether there was sufficient evidence of the alleged behaviour, and if so, to then determine whether behaviour and language it fell into the category of: "reasonable management action carried out in a reasonable manner” ------      or      ------ "bullying at work” The Fair Work Commission found: the Body Corporate Chairperson’s role allows him to raise issues with the Caretaking Service Contractor’s Director about the performance or non-performance of the caretaking duties but it must be done in a reasonable manner; the Caretaking Service Contractor was not entirely blameless in creating the conflict that existed, and in some cases was found not to be performing the caretaking duties under the caretaking agreement; However, sometimes the manner in which the Body Corporate’s Chairperson raised the issues did amount to “bullying at work” (summarised below): Outcome: The Fair Work Commission ordered the Body Corporate Chairperson to prevent the Director of the Caretaking Service Contractor from being bullied at work including an order about the timing, subject matter and content of emails sent by the Chairperson. The (Nuu) Co helps your Body Corporate comply with the requirements of body corporate law and regulations.

  • Learn about the changes to Body Corporate law in Queensland (November 2023)

    The Body Corporate and Community Management and Other Legislation Bill 2023 was passed on 14 November 2023 (effective date to be confirmed). Some of the key changes in the Bill are summarised below for owners' interest. The Bill: Clarifies that: Towing: nothing in the Body Corporate legislation prevents a body corporate from towing a vehicle from common property (the body corporate still has to comply with other laws that regulate towing such as the Tow Truck Act 1973 (Qld) e.g. having proper signs displayed and giving notice); Smoking: an occupier of a lot will breach their duty not to cause a nuisance if they regularly smoke on the lot or common property in a way that regularly exposes another occupier to be exposed to smoke; Pets: a body corporate cannot by-law cannot prohibit the keeping or pets nor restrict the number, size or type of pet except in certain circumstances where the pet poses an unacceptable risk to the health and safety of an occupier; Layered community titles schemes and by-law enforcement: in a layered scheme of community titles schemes the Principal Body Corporate’s by-laws apply to all lots in the subsidiary schemes and provides procedures for contravention notices to be issued. Adds: No interference with Body Corporate voting: a new duty on caretaking service contractors and body corporate managers to not unfairly influence, or attempt to unfairly influence, the outcome of a motion to be decided by a body corporate; Smoking by-laws: the right for a body corporate to make a new by-law prohibiting or restricting smoking on common property or outdoor areas of a lot (making a new by-law requires a special resolution to be passed at a general meeting and preparing and recording a new community management statement with the Titles Office). Changing financial year: the new power for a body corporate to change its financial year by ordinary resolution at a general meeting, instead of having to apply to the Commissioner’s Office for an order to do so. This can only be done once in a five-year period. Alternative insurance: a new process for when a body corporate attempts to obtain the mandatory building replacement insurance, but cannot obtain the mandatory insurance, then the body corporate can apply for an adjudicator’s order approving alternative insurance. Termination of a community titles scheme: a new process to terminate community titles schemes and dissolve bodies corporate by passing a resolution without dissent or applying for a court order. To read the Queensland Parliament Explanatory Speech about why the Bill was made and what the intended changes are click below:

  • Financial best practice to promote transparency for owners

    Owners work hard for their money, so when they pay their body corporate levies, they expect that it will be spent in a responsible reasonable way to maintain and improve their building. But we have all the heard the stories of financial mismanagement, wastage, significant duplicate payment errors and in some cases misappropriation of Body Corporate funds. At The (Nuu) Co, we take proactive steps to ensure that owners' collective funds held by their Body Corporate are only spent according to transparent processes that are customised to the needs of our clients' buildings and communities. Here's an example of the approval process for spending Body Corporate funds in one of our client's buildings with 122 apartments: Process: The caretaker has a spending limit / discretion of up to $1,000 (set by the committee and able to be adjusted by the committee); Any proposed spending above $1,000 is referred to the committee for decision; Committee’s decisions on spending above $1,000 are recorded by way of vote outside of committee meeting, passed by majority vote and then notified to all owners in writing; The successful contractor is then notified by the building management team or body corporate manager of the committee’s decision to approve the spending; If the work requires a building contract to be in place - one is put in place and a committee decision to enter into it is made and notified to all owners; The contractor then carries out the work; The contractor sends their invoice for the completed work; The building manager confirms that the work has been completed; The building manager prints off all invoices and holds a weekly meeting with the Secretary to explain all invoices. If satisfied, the Secretary signs and approves the invoice to be submitted to the body corporate manager; The signed invoices are emailed to the body corporate manager to process through the Invoice Hub approval process; The uploaded invoices are reviewed by The (Nuu) Co to verify not duplicated and have been signed by the Secretary; The invoices are then submitted for approval online by the building manager (so they can monitor stage of processing in case contractors follow up) then the Secretary and Treasurer; Once fully approved, the invoices are paid by release of funds from the Body Corporate’s bank account upon approval of two directors of The (Nuu) Co Pty Ltd. The above process is completed so that contractors receive payment within 14 days or less from submitting their invoice for completed work. Also we circulate copies of the Body Corporate's bank statements and financial transparency reports to the committee regularly. Any owner is entitled to obtain a copy of the general ledger transaction list of all body corporate financial transactions at any time - because there is nothing to hide when it comes to how owners' money is spent. Paying good contractors on time ensures they are more willing to return to the client's building to carry out further work in the future at reasonable costs. This is in the best interests of the Body Corporate and is what we strive daily to achieve for clients of The (Nuu) Co.

  • Exclusive use car spaces

    In Queensland, it is very common for your apartment to be on a separate legal title, registered in the owner's name, and for the car space(s) to be on common property, which is registered on the Body Corporate's name. To ensure that the owner has the exclusive right to use a particular common property car space, the owner must check the recorded Community Management Statement (CMS) and read the applicable 'exclusive use by-law' and plan to determine which car space is allocated to their lot. To better understand the legal framework around exclusive use car spaces in your community titles scheme and the options for reallocating the use of car spaces between owners, please read the below: Exclusive use car spaces Each lot owner’s legal right to have exclusive use of their car space on common property is set out in the recorded Community Management Statement for their community titles scheme. The car space remains on the legal title of the common property owned by the Body Corporate, but the Body Corporate has passed a ‘resolution without dissent’ to grant exclusive use by-laws that enable each owner to have exclusive use of their car space. Those exclusive use rights under the exclusive use by-law cannot be removed or revoked by the Body Corporate without: the owner’s consent in writing; and a ‘resolution without dissent’ being passed by the Body Corporate at a general meeting to revoke/remove the exclusive use by-law; and a new Community Management Statement being recorded with Titles Queensland showing that the exclusive use by-law has been removed/revoked. Reallocation agreements between lot owners Lot owners who have the benefit of an exclusive use car space under an exclusive use by-law in the recorded Community Management Statement for their scheme, are allowed to enter into private ‘reallocation agreements’ between themselves if they agree to ‘swap’ exclusive use car spaces. If lot owners advise the Body Corporate that they have entered into a reallocation agreement, then the Body Corporate must record a new Community Management Statement reflecting the ‘swapped’ car spaces and any required amendments to the exclusive use by-law that grants the exclusive use rights to the affected owners. Informal arrangements between lot owners If lot owners do not wish to legally change their exclusive use car spaces through the above procedure and the recording of a new Community Management Statement, but wish instead to reach an informal arrangement to use each other’s car spaces on an informal basis, they can do so by private arrangement between themselves. This kind of informal arrangement does not legally alter the exclusive use car spaces as allocated under the Community Management Statement and either owner may revoke their consent to the informal arrangement at any time. Disclaimer: The above is provided by way of general information for general guidance only and is not intended to be legal advice. References: Body Corporate and Community Management Act 1997

  • Why common property lifts and escalators must be registered with WHS Queensland

    The purpose of registering common property lifts and escalators is to impose a legal duty to ensure plant is inspected by a Competent Person and is safe to operate. The person with management or control of the plant at a workplace must: ensure that the maintenance, inspection and if necessary, testing of the plant is carried out by a competent person, and in accordance with the manufacturer’s recommendations (if any) or the recommendations of a competent person; and keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period that the plant is used, or until the person relinquishes control of the plant (regulation 237(2) and (3) of the Work Health and Safety Regulation 2011 (WHS Regulation 2011)) and must make the record available for inspection. The following types of ‘plant’ must be registered:[1] Boilers categorised as hazard level A, B or C according to criteria in section 2.1 of AS 4343:2005 (Pressure equipment—Hazard levels); Pressure vessels categorised as hazard level A, B or C according to the criteria in section 2.1 of AS 4343:2005 (Pressure equipment—Hazard levels), except— gas cylinders; and LP Gas fuel vessels for automotive use; and serially produced vessels Tower cranes including self-erecting tower cranes; Lifts, escalators and moving walkways, except lifts stated in section 4(2) (being Lifts installed in a private residence within the meaning of AS 1735.1:2003 (Lifts, escalators and moving walks—General requirements) are excluded from section 3.4.); Building maintenance units; Amusement devices classified by section 2.1 of AS 3533.1:2009 (Amusement rides and devices—Design and construction), except devices and structures stated in section 4(3); Concrete placing booms; Mobile cranes with a maximum rated capacity of greater than 10t. Exceptions apply to the above list of plant that must be registered (set out in full in footnote 2 below).[2] The registration fees for lifts as at 18 April 2023 are accessible here: https://www.worksafe.qld.gov.au/licensing-and-registrations/plant-registration/costs-to-register-plant Key definitions: “Competent person” for lift inspections means – a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task (Schedule 19 WHS Regulation 2011). “Lift” means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes— (a) a chairlift, escalator, moving walkway and stairway lift; and (b) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances. ‘Private residence’ is defined in AS 1735.1.1:2022 Lifts, escalators and moving walks, Part 1.1: General requirements as a “separate dwelling and enclosed grounds, or separate apartment in a multiple dwelling that is occupied only by the members of a single family household unit”. Note: The above information is provided as general information only as at 18 April 2023. [1] Chapter 5, Part 2, regulation 246 & Part 2 of Schedule 5, Work Health and Safety Regulation 2011. [2] Exceptions: Part 2, Clause 4 of Schedule 5 of the WHS Regulation 2011 The items of plant listed in section 3 do not include— any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2000 (Pressure equipment); or Note— See section A1 of Appendix A to AS/NZS 1200:2000. (b) a crane or hoist that is manually powered; or (c) a reach stacker. (2) Lifts installed in a private residence within the meaning of AS 1735.1:2003 (Lifts, escalators and moving walks—General requirements) are excluded from section 3.4. (3) The following devices and structures are excluded from section 3.6— (a) an amusement ride or device classified as class 1 under section 2.1 of AS 3533.1:2009 (Amusement rides and devices—Design and construction); (b) playground structures; (c) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure; (d) wave generators where patrons do not come into contact with the parts of machinery used for generating water waves; (e) inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

  • Why your air-conditioning installation contractor requires a QBCC mechanical services licence

    The purpose of ensuring your air-conditioning installation contractor has a QBCC Mechanical Services licence is to ensure the contractor is qualified and competent. In Queensland from 31 December 2021, a contractor installing a multi-head split system air-conditioning unit must hold a QBCC Mechanical Services licence. If electrical work is to be carried out as part of the installation then a Queensland electrical contractor’s licence is also required. Unless exempt under schedule 1A, a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act. (s.42 of the Queensland Building and Construction Commission Act 1991 (Qld)) An individual must not personally carry out, or personally supervise, mechanical services work unless the individual— holds a mechanical services occupational licence; or holds a licence, registration, or authorisation under this Act or another Act that allows the person to personally carry out or personally supervise the work. (s.42CA of the Queensland Building and Construction Commission Act 1991 (Qld)) “Mechanical services work” includes the installation of a mechanical heating or cooling system (air-conditioner) in a building. However, “Mechanical services work” does not include the installation of a single-head split system (schedule 2 of the Queensland Building and Construction Commission Act 1991 (Qld)). Search the QBCC Register to find out if your contractor has the required licence: Click here to access a link to helpful article about the above changes which take effect from 31 December 2021. Note: The above information is provided as general information only as at 18 April 2023.

  • Order your Body Corporate Law Handbook (Qld)

    Publisher, Body Corporate Matters, is now accepting orders for your printed copy of the Body Corporate Law Handbook (Qld) (co-authored by Nicole Wilde CEO of The (Nuu) Co). The Handbook summarises over 880 pages of legal provisions relating to community titles schemes regulated by the Accommodation and Standard modules into less than 190 pages, in an easy to understand layout. Ordering is easy: Step one: Download and complete the below order form Step two: take a picture of, or scan, your completed order and email it to: handbook@bodycorporatematters.com.au Step three: receive your printed Handbook by post

  • Relationships matter

    Apartment owners tell us they want their common property cleaned and maintained to a high standard. For apartment buildings and estates with long-term caretaking contractors in place, the caretaking team is key to achieving that outcome. Both caretakers and committee members are human. Caretakers are paid by the body corporate from funds collected from all lot owners. Volunteer committee members are usually unpaid and can change from year to year. Like all human relationships, building a strong foundation goes a long way to increasing productivity and the standard of common property maintenance. Care and attention for this relationship translates into care and attention for the common property. The (Nuu) Co supports committees looking to build and maintain strong foundations in their relationship with their caretaker, to make life more enjoyable for everyone.

  • Saving owners money on Body Corporate insurance premiums

    Insurance premiums for mandatory building and public risk insurance are often some of the most expensive costs for a Body Corporate every year. Did you know that very often, built into the base premium your owners pay, is a commission paid from your insurer or broker direct to your body corporate manager? These commissions can be up to 20% of your base premiums. In a time where insurance premiums for buildings are increasing, it is even more important for owners to gain greater control over Body Corporate expenditure. Here at The (Nuu) Co, we proudly refuse to accept any commission from your base insurance premiums (and everything else your Body Corporate buys too). This: reduces your Body Corporate's base insurance premium; and reduces the taxes calculated on top which are payable to the Federal (GST) and State governments. We believe this is a win-win outcome for your owners and your Body Corporate and ensures more of your owners' pooled funds can be spent on enhancing the value of your shared asset. In April 2022, The (Nuu) Co assisted a Broadbeach high rise to save over $60,000 on their building insurance premium, by simply forfeiting commission - a real win for owners.

  • It's not about the leak, it's about how you react to the leak.

    During heavy tropical rainfall in the Gold Coast, there are 3 kinds of apartment residents: those experiencing no leaks (obviously the best category to be in); those experiencing leaks into their apartments (is this the worst category?); those owners on the Committee receiving reports of water leaks into other people's apartments and/or common areas (definitely the worst category). We agree, receiving frantic phone calls reporting water leaks during rainfall is not fun for anyone, least of all the people using towels on their window sills and carpet. Even more fun... try getting a contractor out during the rain whilst everyone else on the Gold Coast needs one too. There is a silver lining (we admit it is a very thin lining). Record water leak locations on a building plan Committee Members and Building Managers (together) can use heavy rainfall events to audit water leaks in the building. Print a copy of your building plan, and during the rain, walk around each level of the building, recording the location of every area that is showing water ingress. By recording a comprehensive diagram of every leak on a location map, your Committee has a record of every leak to show the contractor (when they can finally get there) and can start the journey towards addressing each source of water ingress. It also helps monitor whether attempted repairs have been successful or not, and keep a record of the reasonable steps your Body Corporate has taken to permanently fix the leak. Addressing each leak, one by one until you eventually create a dry apartment building during rainfall is the goal. Missing the opportunity to record the location and nature of each leak during rainfall, can create knowledge gaps between committee members, the body corporate manager and building manager. This can lead to inefficiencies in instructing repair contractors, delays while contractors work out exactly where a leak is coming from and frustration for residents experiencing water leaks. Here at The Nuu Co, we are backed by over 10 years' experience in strata law, meaning we've seen how not properly addressing water leaks can lead to unnecessary disputes amongst owners. We promote harmony by giving Committee's great practical guidance to ensure they are acting in all owners' best interests. Disclaimer: The above blog is a suggestion only. Other factors that will be relevant will be whether the Body Corporate or lot owner is responsible for repairing or maintaining the part of the building that is the source of the water ingress, and whether the building is still within the building warranty periods for new buildings or not. The Body Corporate has a statutory duty to repair and maintain common property and other defined building structures in a building format plan of subdivision. It must act reasonably when discharging that duty. Please note the above blog is not legal advice.

  • Raptis Group Pty Ltd branching into management rights in the Gold Coast

    Gold Coast property developer, Raptis Group Pty Ltd, is now seeking to acquire beneficial interests in management rights in two of the residential high rises developed by entities beneficially owned or controlled by Jim Raptis and his family members, at a cost of $2,813,218.[1] “The management [rights] business is regarded as having a lower risk profile than property development. The [management rights] business has the capacity to provide a stable cash flow during the term of the [management rights] agreements for a period of twenty plus years” – Raptis Group Limited ASX Announcement 23 February 2022. Raptis Group Pty Ltd also appears to be open to the idea of acquiring additional management rights businesses in the future. Gold Coast apartment owners and bodies corporate should be aware of this, because, at the end of the day, they are the ones that pay for building management (caretaker) fees as part of their body corporate fees. Also, Body Corporate consent is required before management rights can be transferred to a proposed purchaser (like Raptis Group Pty Ltd or another purchaser) and in deciding whether to approve the proposed transfer, a Body Corporate may have regard to: (a) the character of the proposed transferee and related persons of the proposed transferee; and (b) the financial standing of the proposed transferee; and (c) the proposed terms of the transfer; and (d) the competence, qualifications and experience of the proposed transferee and any related persons of the proposed transferee, and the extent to which the transferee and any related persons have received or are likely to receive training; and (e) other matters stated in the engagement or authorisation. In line with our mission to promote Gold Coast apartment owners’ interests, we highlight some of the key aspects of the October 2021 freezing orders made against Jim Raptis and corporate entities beneficially owned or controlled by him. October 2021 Freezing Orders against James Raptis & other entities On 1 October 2021, the Federal Court of Australia made various freezing orders against James Raptis (also known as Jim Raptis) and entities beneficially owned or controlled by him, including freezing orders: that James Raptis not remove from Australia or in any way dispose of, deal with or diminish the value of any of his assets in Australia up to the unencumbered value of AUD$23,815,519.60. The Deputy Commissioner of Taxation applied for the freezing orders. The freezing order against James Raptis did not prohibit him from paying up to $10,000 per week for his ordinary living expenses, paying his reasonable legal costs, dealing with or disposing of his assets in the ordinary and proper course of business, including paying business expenses, or as incurred under a contract entered into before 1 October 2021, or as otherwise agreed in writing between the Deputy Commissioner of Taxation and James Raptis. The freezing order against James Raptis was to be served by express post to various addresses including Raptis Group Limited, Level 7, 10 Eagle Street, Brisbane Qld 4000. that Kyros Stage 3 Pty Ltd ACN 618 217 977 (the developer of a 2021 completed residential high rise in Broadbeach) not remove from Australia or in any way dispose of, deal with or diminish the value of any of the following properties that are beneficially owned by James Raptis, Helen Raptis and Ecan Raptis: In making the freezing orders, the Federal Court noted the deposed affidavit evidence stated: Mr Raptis has a history of taking steps to limit liability following review and audit activity by the Commissioner, for example by resigning as a director of taxpayer entities and backdating the effective date of the resignation; Mr Raptis has a history of failing to disclose beneficial interests in foreign entities and their international and domestic assets, despite being asked questions to that effect (including in a statutory notice issued by the DCT to Mr Raptis on 19 January 2010 pursuant to then s 264 of ITAA36 in respect of the particulars of Mr Raptis ’ interests in, inter alia, Sevinhand); There is a history of entities in which Mr Raptis has admitted a beneficial interest (including Northernson) mortgaging their assets in favour of other entities beneficially owned or controlled by Mr Raptis (such as Sevinhand) or Mr Gould; Mr Raptis and his associated entities have a history of transferring funds offshore, including to countries that are known tax havens; There is a history of Mr Raptis and associated entities failing to disclose income (including but not limited to the income the subject of assessments of Mr Raptis , Northernson and Sevinhand) which (in the Commissioner’s view) arose due to evasion); There is a long history of Mr Raptis and his associated entities failing to comply with their income tax return lodgement obligations. At the commencement of the 2020 review Mr Raptis , Northernson and Sevinhand were identified as having had between 2 and 10 years of income tax returns outstanding; Several companies and trusts either controlled by Mr Raptis, or in which the Commissioner concluded that he had a beneficial interest, had entered external administration and/or been deregistered without taxation liabilities being paid to the Commissioner; The Raptis group had failed to submit a payment arrangement proposal for consideration in order to meet undisputed income tax liabilities of group entities which had been outstanding for a considerable period, such tax liabilities exceeding $24.1 million, and notwithstanding previous requests by the Commissioner of a payment proposal for those undisputed debts; While a number of assets identified by the Commissioner were non-liquid assets, they were nevertheless capable of being disposed of, or further encumbered during the period in which the Commissioner undertook debt recovery action in this Court, and/or objection and objection appeal processes under Part IVC of the TAA took place; A 2020 review undertaken by the Commissioner revealed that Raptis group entities examined by ATO officers during the course of the review had a history of poor financial reporting and record keeping, and mingling of funds, and Mr Raptis and his associates had provided vague answers to direct questions from ATO officers; and A review of data provided by the Australian Transaction Reports and Analysis Centre (AUSTRAC) revealed that, between 2006 and 2020, significant sums of money had been transferred out of Australia by Raptis group entities to offshore entities in which Mr Raptis had admitted a beneficial interest or which were associated with Mr Gould (although it appeared that the majority of money transferred out in the 2008-2010 income years had been repatriated). Here at The Nuu Co, we put owners’ interests first. We believe that working with a property developer to be appointed at the first extraordinary general meeting for the maximum 3 year period deprives owners of the freedom of choice in selecting their body corporate manager. We also think that practice also creates a perceived conflict of interest: Is the body corporate manager, appointed by the developer, there to promote what is best for the owners, or the developer? Sometimes the lines can get blurred… References: ASX Raptis Group Limited Company Announcement 23 February 2022 and enclosures & Raptis Group Limited (ASX:RPG) announcement 24 February 2022: Deputy Commissioner of Taxation v Raptis [2021] FCA 1192 Gold Coast Developer’s Connection to Pandora 6 October 2021 Australian Financial Review ATO freezes $80m in assets tied to developer Jim Raptis, 6 October 2021, Australian Financial Review Developer Jim Raptis buys $16m Gold Coast property amid ATO asset freeze Raptis secure Chelsea Avenue, Broadbeach apartment development site, 12 January 2022 Section 133 ‘Transferring Engagements and Authorisations’ Body Corporate and Community Management (Accommodation Module) 2020 Disclaimer: The above information is general information from verified sources or the opinion of the writer. It does not constitute legal advice and Independent legal advice should be obtained by a Body Corporate who receives a request to consent to a transfer of management rights.

  • Body Corporate Building Insurance Coverage

    With all the rainfall in South East Queensland in February 2022, it is time for a reminder about what a Body Corporate's mandatory building reinstatement and replacement insurance policy must cover. A Body Corporate regulated by the Accommodation Module must insure each building in which there is a lot (apartment) that covers: Damage (from earthquake, explosion, fire, lightning, storm and water, glass breakage and from impact, malicious act, and riot); and Costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers. (regulation 188 of the Accommodation Module) A ‘building’ includes improvements and fixtures that form part of the building but excludes: temporary wall, floor, and ceiling coverings; or fixtures removable by a lessee or tenant at the end of a lease or tenancy; or mobile or fixed air-conditioning units servicing a particular lot; or curtains, blinds, or other internal window coverings; or carpet; or mobile dishwashers, clothes dryers, or other electrical or gas appliances not wired or plumbed in. (Excluded Items) (under regulation 185 of the Accommodation Module) So, a Body Corporate regulated under the Accommodation Module has no duty to obtain insurance to cover damage to carpets or other Excluded Items. However, it may decide to obtain additional insurance that does provide additional cover. To find out for sure, ask for a copy of the Policy Disclosure Statement and Certificate of Currency from the Body Corporate (via its manager) and double-check if additional carpet cover has been obtained or not. Here at The Nuu Co we believe in full transparency for all owners. That's why we make all of your body corporate records, including your Body Corporate's insurance certificates of currency and policy disclosure statements available online to all owners 24/7. Because details about body corporate insurance should not be difficult for owners to find out.

Strata Vault The Nuu Co.jpg

What is

Strata Vault?

At The (Nuu) Co, we know owners love transparency, especially about where their body corporate levies are spent.

 

Strata Vault is how we give all our owners 24/7 access to all of their body corporate records, and keep them up to date with what the committee is dealing with during the year.

 

Because if there's nothing to hide, why not show owners everything?

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