COMBUSTIBLE CLADDING AUDIT OBLIGATIONS FOR BODIES CORPORATE
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
THE OFFICIAL MAGAZINE OF UNIT OWNERS ASSOCIATION QLD EDITION DECEMBER 2018 FOR THE LATEST UPDATES COMBUSTIBLE facebook.com/UOAQ.Inc BECOME A MEMBER TODAY CLADDING AUDIT click to join FOR MORE ABOUT UOAQ OBLIGATIONS FOR uoaq.org.au BODIES CORPORATE
FROM OUR SPONSORS • General advice • Contractual matters • Dispute resolution • Scheme • Revision of by-laws re-structuring • Levy recovery • Government Body Corporate and Community Title Lawyers • Scheme establishment consultancies Bugden Legal’s team of talented lawyers is headed up by Gary Bugden OAM, Australia’s most experienced body corporate lawyer p 07 3905 9260 p GPO Box 2624, a Level 13, 200 Mary Street, Brisbane Q 4001 Brisbane Qld 4000 e info@bugdenlegal.com.au Visit our website to sign up for free updates bugdenlegal.com.au “Would our Committee have been able to achieve what we have over the past 12 months and cope with the work required to get us through? Were it not for the personal interest and dedication of UOAQ then the short answer to that question is … absolutely not!I strongly urge all Queensland unit owners to ensure that their Body Corporate Committee subscribes to an annual membership with the UOAQ - an organisation with a strong voice supporting of all owners in Queensland. Garry Deighton - Chairperson Ocotillo CTS 32327 BECOME A MEMBER TODAY 2 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
ABOUT US FROM THE EDITOR CONTENTS DECEMBER 2018 W e are coming towards the end of another very busy year. The first day of October marked the start Published by Unit Owners Association Qld 6th Floor. 333 Adelaide St, Brisbane QLD 4000 of new regulations focusing on the issue of combustible cladding, imposing obligations 4 6 on bodies corporate. Read our Combustible cladding audit Body corporate assets help@uoaq.org.au (07) 3220 0959 feature article to see what your Bligations for bodies corporate uoaq.org.au facebook.com/uoaq.inc obligation really are, and if it is twitter.com/UnitOwnersQld Jana Koutova necessary for your scheme to editor@uoaq.org.au hire a specialist to guide you Unit News Editor through the process. Brisbane Gold Coast the knowledge that we do (07) 3220 0959 or uoaq.org.au and request to communicate to a particular person. Wayne Stevens Mike Murray Greg Melloy Roger Dearing Learn how good building management platform such as MYBOS can help you with your make a difference, that keeps us going. Our membership keeps growing, and we trust it reflects the value of our 9 11 obligation on page 9. Check Powering through the new How should I pay my Ross Anderson, Bob Boundy, also how it can influence your activities to the community cladding regulations electricity bill? Paul Cassels insurance on page 8. of owners. For the summer, we have brought REFER and Advertisers Help for Members We continue with our Self- SAVE campaign, so if you managed and simple schemes would like to invite anyone NEW FEATURE We appreciate the support Members of the UOAQ series, this time focusing into the membership, now it’s - PART 3 of our sponsors to help us are welcome to contact the time! 12 13 on Exclusive by-laws and do the work we do. committee members of improvements on page 12. To advertise in Unit News, the association for any please contact Jana Koutova help on any body Yet another edition full of useful on (07) 3220 0959 corporate matter. 3. Exclusive use by-laws NBNTM Migration information; so enjoy reading or editor@uoaq.org.au and improvements - What you need to know and do not forget to let us know how we are doing. Editor Art Direction Jana Koutova Dan Hancock A heartfelt thank you to the Have a very ABOUT THIS EMAGAZINE editor@uoaq.org.au hi@danhancock.com.au UOAQ volunteers and staff for their tireless and committed Merry Christmas To print or download this edition please look for these Disclaimer Articles contributed to this newsletter are published as a service to members and do not work. Thank you to all our and a happy icons at the top of your browser. necessarily reflect the opinion or policy of this Association. To contact the committee of the UOAQ for assistance with a body corporate matter please email help@uoaq.org.au readers and UOAQ members it is your support and feedback, New Year. The Print icon The PDF icon THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 3
FEATURE STORY Executive Summary alteration of the cladding on the building. the body corporate. COMBUSTIBLE The Building and Other Legislation (Cladding) Amendment Regulation If a building falls within the above definition, then the body corporate To undertake Step 2 a body corporate must complete checklist Part 2 and ask a “building industry professional” 4 2018 (“BOLA Regulation”) commenced must undertake 4 key steps in order to to prepare a statement about whether CLADDING AUDIT operation on 1 October 2018. Many bodies corporate will be caught under the definition of “private building” and will comply with the BOLA Regulation. Those steps are described below in detail and illustrated on the chart appearing at the or not the building may be an affected private building. If for some reason a body corporate cannot discharge its obligation have to make sure they understand the end of this article. under Step 2 prior to the deadline, it may seek an extension of time from the QBCC OBLIGATIONS FOR obligations set out in the BOLA Regulation and how it’s provisions may affect the owners and tenants. Registration and Assessment Process Commissioner provided the request is made before 1 May 2019. This article is intended to assist bodies Step 1 Step 3 BODIES CORPORATE corporate to identify whether their buildings are affected and, if so, what they need to do to comply. Compliance Bodies corporate responsible for a private building must register and complete checklist Part 1 online before If a body corporate’s building may be an affected private building (either by knowledge/suspicion or by assessment and rectification costs for some bodies 29 March 2019.2 If for some reason a body under Step 2) or has failed to complete By Kevin Pai1, Solicitor, Bugden Legal corporate will be very substantial but corporate cannot discharge its obligation checklist in Part 2, then Step 3 will apply to failure to comply can result in fines of up under Part 1 prior to the deadline, it may the body corporate. to $43,734.25 (see Table 1 below for the seek an extension of time from the QBCC list of penalties). Commissioner provided the request is In that event, the body corporate must: made before 1 March 2019. (a) engage a fire engineer; and Identifying buildings affected (b) provide the fire engineer’s details to Step 2 the QBCC by 27 August 2019; A building is affected by the BOLA If a body corporate knows or suspects that Regulation if it is a “private building” that is: it is an “affected private building” 3 and and prepare the following by 3 May 2021: gives notice to the QBCC by the online (c) checklist part 3; (a) a class 2,3,4,5,6,7,8 or 9 building and system before 29 May 2019, then this (d) a “building fire safety risk assessment”; 5 of a type A or type B construction (as Step 2 does not apply. and defined under the Building Codes of (e) a “fire engineer statement”. 6 Australia, part C1 – see Table 2); and If checklist Part 1 indicates the building (b) had a building development approval may be an affected private building or the If for some reason the body corporate issued after 1/01/1994 but before body corporate failed to complete checklist cannot complete: 1/10/2018 for the building or for Part 1, then Step 2 must be undertaken by (f) (a) and (b) above prior to the deadline, 4 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
FEATURE STORY “This article is intended to assist bodies corporate to identify whether their buildings are affected and, if so, what they need to do to comply.” it may seek an extension be kept for at least 7 years of time from the QBCC subject the specific provisions Commissioner provided the in the BOLA Regulation. request is made before 30 Table 1: Key penalties in the BOLA Regulation July 2019; and Rectification Works (g) (c) to (e) above prior to the deadline, it may seek an If a body corporate’s building Section of the BOLA Regulation Maximum Penalty Units extension of time from requires rectification work, it the QBCC Commissioner should consider seeking legal Part 1 provided the request is made advice about: before 5 April 2021; and Section 16Q Registering and giving completed checklist to QBCC 20 (a) calling tenders; (b) negotiating and preparing Section 16R Keeping completed checklist 10 Step 4 the necessary building If the building fire safety contract; Part 2 assessment states that it is an (c) obtaining body corporate Section 16T Giving completed checklist and related statement to QBCC 20 affected private building, then approvals for rectification the body corporate must: works; Section 16U Keeping completed checklist and related statement 10 (a) display the affected private (d) raising special levy or taking building notice in the Part 3 out a loan; and way set out in the BOLA (e) undertaking the rectification Section 16W Giving fire engineer details to QBCC 50 Regulation 7 within 60 business days after the work. Section 16X Giving completed checklist and related assessment and statement to QBCC 165 assessment is given to the body corporate; 8 and Action required Section 16Y Keeping completed checklist and related assessment and statement 10 (b) give a copy of the building fire safety risk assessment Bodies corporate should start Part 4 to lot owners and tenants the building identification within 60 business days process now. If there is any Section 16ZA Displaying affected private building notice 30 after the assessment doubt about the application of Section 16ZB Giving copy of building fire safety risk assessment to lot owners and tenants 20 is given to the body the BOLA Regulation or what corporate.9 is required for compliance, Total Maximum Penalty Units 335 the body corporate should Record Keeping get immediate advice from Total Maximum Fine ($130.55 penalty unit value current from 1 July 2018) $43,734.25 a lawyer, engineer or other In general, all documents must professional. > continues P7 THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 5
FEATURE STORY Part 3 of the Standard Module sets out requirements for body corporate assets, which I have summarised as follows: • Maintenance: the body corporate must maintain its assets in good condition (note that “good condition” is not defined). • Types of asset acquisition: the body corporate may acquire freehold land, leasehold interest in freehold land, acquire (or surrender) a licence or concession related to land or other personal property. In all of these instances, the acquisition is for “the general use and enjoyment of the owners and occupiers of lots included in the scheme”. Body • Requirements to acquire: the requirements are— o For acquiring freehold land or a lease of more than three years: resolution without dissent; and o For entering into a lease of three years or less, or a corporate licence, concession or agreement, or acquiring personal property where the value of the property to be acquired is more than the greater of $1,000 or multiplying the number of lots included in the scheme by $200: a special resolution. assets By Chris Irons, Commissioner for Body Corporate and Community Management The requirements around disposal of assets reflect the requirements to acquire them, namely: • selling or otherwise disposing of a body corporate asset that is freehold land, or a leasehold interest in freehold land: resolution without dissent; • granting or amending a lease over a body corporate asset that F or the purposes of the Body Corporate and Community Management Act 1997 (the Act), a body corporate can acquire an asset in the same way an individual can acquire an asset. as a body corporate asset, but then becomes common property when it is installed as a fixture. is freehold land, or another body corporate asset capable of being leased: Section 45(3) of the Act then provides that a body corporate may o If the term of the lease, as granted or as amended, is more What, then, do we mean by body corporate assets and what dispose of a body corporate asset, although it must not (except than three years: resolution without dissent. Otherwise, a are the responsibilities of the body corporate in relation to their assets? to the extent permitted under a regulation module) mortgage, or special resolution applies; otherwise create a charge over, the asset. Section 157 of the Act • selling or otherwise disposing of a body corporate asset that is Section 11 of the Act provides that body corporate assets further provides that the relevant Regulation Module may provide personal property including a licence or concession related to “are items of real or personal property acquired by the body for how disposal is to occur. freehold land, if the market value of the asset is more than the corporate, other than property that is incorporated into and greater of $1,000 or multiplying the number of lots included in becomes part of the common property”. I will refer to the Body Corporate and Community Management the community titles scheme by $200: special resolution. (Standard Module) Regulation 2008 (the Standard Module), On this latter point, the Act gives an example of an air- so please refer to the relevant provisions of other Regulation Further requirements are that the body corporate must insure its conditioning unit which might be bought by the body corporate Modules if they apply to you. assets to full replacement value (Standard Module, section 178(1) 6 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
FEATURE STORY > continued from P5 (b)) and must keep a register of its assets (Standard Module, section 197). The register must include all assets more than $1,000 in value and include the following details: Table 2: Part C1 of the Building Codes Australia Flow Chart of BOLA Regulation • a brief description of the asset • whether the asset was purchased or was a gift • when the asset became an asset • if purchased, how much the asset cost and the name and address of the person from whom the asset was purchased • if the asset was a gift, the estimated value of the gift and the name and address of the gift’s donor. This register forms part of the body corporate’s records and, as such, can be accessed by an “interested person”. If you are reading this information about assets and thinking that it all sounds convoluted and complicated, remember that the body corporate has a duty to act reasonably and this duty extends to the way in which it acquires, maintains and References disposes of assets. Keep in mind also that assets are for the 1 Solicitor at Bugden Legal. benefit of all owners (and occupiers) and so for this reason 2 Section 16Q. 3 Affected private building means a private building that has combustible alone, it is important that there be appropriate transparency cladding forming part of, or attached or applied to, an external wall or another external part of the building other than the roof. and detail about the assets. 4 Building industry professional means a builder certifier – level 1 or a person who holds a licence of 1 or more of the following classes under the QBCC Act – (i) building – open; (ii) building design – open; (iii) fire safety professional; or a practising architect under the Architects Act 2002; or a practicing engineer under If a body corporate has questions about the legal or financial the Professional Engineers Act 2002 registered in 1 or more of the following areas of engineering – (i) civil engineering; (ii) fire engineering; (iii) fire safety; (iv) implications of its assets and how they are acquired, structural engineering. 5 A building fire safety risk assessment must be prepared by a fire engineer, maintained or disposed of, I would recommend it seek include an assessment of the combustibility of the material that makes up the cladding and if the cladding is assessed to be combustible cladding – include an appropriately qualified advice on these topics. assessment of the combustibility of the insulation or sarking located behind the cladding. 6 A fire engineer statement must be in the approved form and prepared by a fire For further, general body corporate information please engineer. 7 Section 16ZA(2). contact my Office on 1800 060 119 or visit our website 8 Section 16ZA(3)(a). 9 For new owners, within 60 business days after the person’s name is entered on www.qld.gov.au/bodycorporate. the body corporate’s roll. THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 7
FEATURE STORY New cladding Key Deadlines legislation may flow Date What you must do 29 March 2019 •Register •Complete combustible cladding checklist (part 1) on to Strata Insurance by Tyrone Shandiman, Strata Insurance Solutions 29 May 2019 •Upload the signed & witnessed checklist •Engage a building industry professional •Complete combustible cladding checklist (part 2) •Upload signed checklist & building industry professional statement I n the January/February 2018 Unit News, we published an article which discussed disclosure obligations for strata properties cladding. The message to owners was that the presence of cladding (whether conforming or not) is a matter to disclose to insurers and non-disclosure could 27 August 2019 •Engage a fire engineer •Register the fire engineers details void cover at the time of a claim. 3 May 2021 •Complete combustible cladding checklist (part 3) New legislation introduced by the Queensland government has now imposed new reporting • Upload signed and witnessed checklist, building fires safety risk assessment measures on buildings that contain cladding. Under the Building and Other Legislation Cladding and fire engineer statement. Amendment Regulation 2018, building owners may be required to register their buildings and complete the combustible. History of Claims related to Cladding This extra level of reporting makes “burying your head in the sand” with regard to your insurance Below is a history of known fires where there has been a direct connection with the use of cladding. duty of disclosure much harder as an insurer could in theory use the new reporting to demonstrate knowledge of the presence of cladding and failure to meet duty of disclosure. 1991 Liverpool, UK 2014 Lacrosse, Melbourne, Australia Who is affected? 1999 Garnock, Scotland 2015 The Torch, Dubai Buildings effected by this new legislation are owners of buildings which: 2004 Television Cultural Ctr, Beijing, China 2015 The Torch, Dubai • are class 2 to 9 buildings (essentially all residential and commercial buildings, (7 Injured) other than houses and other low-rise residential use buildings); and 2010 Shanghai, China (58 dead / 70 Injured) 2016 The Address, Dubai • are of Type A or B construction (buildings over 2 stories); and • were given development approval to build, or have had the cladding altered after 1 January 2012 Saif Belhasa Building, Dubai (2 Injured) 2017 Grenfell Tower (71 Dead / 70 Injured) 1994 but before 1 October 2018. 2012 Tamweel Tower, Dubai Owners of houses or townhouses do not need to register. Body corporates are considered owners of buildings that have 2 or more lots. Further Questions What are you required to do? Contact the Queensland Building & Construction Commission (QBCC) on 139 333 or visit the safer buildings website Owners of affected buildings should go to the QLD Safer Buildings website for further www.saferbuildings.qld.gov.au. information on what their requirements are and it spells out a detailed process to follow Source: www.saferbuildings.qld.gov.au www.saferbuildings.qld.gov.au. 8 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
SPONSORED CONTENT Powering through the new cladding regulations How it can turn out better than you thought. by Sam Khalef, Managing Director, MYBOS T he newly enacted cladding laws, though necessary, put quite a few requirements on the owners of buildings which are affected it only for managing projects at your property and nothing else. In contrast, a good building management platform with sufficient project selected tasks with photos is an incredibly useful and distinguishing feature. perform inspections, communicate with contractors, post announcements and perform targeted broadcasts over SMS and Email, along by these laws. There are definite costs which management capabilities is something the However, MYBOS is not just about project with comprehensive reporting and much more. most owners would have to incur though the owners, the building management and the management, it is much more - a modern MYBOS pride themselves in providing the exact magnitude of expenditure may vary resident community can benefit from all the cloud-based solution that integrates tenants, user with all the power with incredible across buildings. While the financial impact time. One such platform is MYBOS. owners, managers and contractors/suppliers simplicity. It is a bona fide Australian product is a reality, it is the management overhead at one platform to improve day-to-day whose development has been championed and unexpected costs which are not usually MYBOS Building Management System is fully facilities management. It allows tenants to log by none other than a young and inspiring registered in the debate. The bitter truth is that equipped to power you through the newly defects, download documents, book shared many projects, large or small, overrun their imposed requirements. Like any good system, facilities, and view local announcements building manager. Imposition of new cladding scheduled time, cost or both. In many cases, it allows you to create tasks with attached and notifications. While the facility manager regulations may seem like an added burden complacency and archaic business practices documents and group them into a project. As can also log jobs and incidents, the system to many, but with MYBOS, smart owners can play a significant role in these escalations. a building manager or owner, you can not only also enables them to track work orders and easily work this into an opportunity that will assign these tasks to different resources (local preventative maintenance, track and monitor immensely improve their project and building Today there is no dearth of project or external) but can also track the status of work assets, perform budgeting, schedule and management operations. management tools that help you keep things on done on each. You can also invite and collect track. In fact, choosing one tool out of many is quotes from different contractors or suppliers. At quite a task as each have their own strengths various stages of the project, you can also keep and (may we say) weaknesses. The problem the resident community notified of any updates or Further Questions is that if you opt and pay for a generic project notices using SMS or email broadcasts to custom For more information visit www.mybos.com management system, you will be able to use groups. The provision of one-click reports on all or THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 9
QUICK NEWS Date 28/11/2018 can be challenging, and We understand that changing electricity suppliers benefit. Reference: Federal Policy on Electricity Offers the time and effort might outweigh the financial feedback from UOAQ’s Dear Member, With this in mind we would like to request g in servicing the LPE are a QLD-based electricity supplier specialisin members as to how we might assist with this process, whether it be we were requested to attend strata industry. On the 7th November 2018, through educational content or comp limen tary consultations. We Minis ter for Energy. Also in a meeting with The Hon Angus Taylor MP, also welcome your questions rega rding elect ricity supply options senta tives from AGL, Origin Energy attendance at this meeting were repre and rates. and Energy Australia among other s. , educating members current pricing models We look forward to continuing our work with UOAQ The Minster called the meeting, to discuss the on their electricity options and empowering them to take action and confusing and offered by the big electricity suppliers which are save money. noted that small disadvantage loyal customers. The minster also includ es strata to medium sized enterprises, a category which Yours Sincerely ent that found it difficult common areas, was highlighted as a segm to change suppliers. Damien Glanville ution to develop a CEO LPE The main outcome of the meeting was the resol a loyalty program that supplier-initiated transparency program along with e electricity suppliers. doesn’t disadvantage customers that don’t chang 10 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
QUICK NEWS How should I pay “Remember it is always your choice as to how you pay, which also means it is your choice to pay the fees if my electricity bill? they exist which should always be clear on an electricity offer.” W hen comparing electricity offers, the choice of how bills are paid consistently ranks at the top of people’s That said, certain payment types do cost more money. These costs are not from the electricity supplier but from the Avoiding ‘Bill Shock’ There are always other options to priorities. At the end of the day it should payment provider. support payment like bill smoothinag be up to the consumer how they want to or a scheduled payment plan, where pay, yet some offers are only available Expensive Ways to Pay a small amount is paid towards the if you agree to pay by Direct Debit or account each week or month and then accept reduced payment terms. Type of payments that incur fees adjusted to the actual amount once the include Cash, Cheques and Money bill is generated at the end of the billing Almost all electricity suppliers issue bills Orders (almost obsolete now) period. This works a bit like the pre-paid ‘in arrears’. This means you received the which are usually transacted over option and helps avoid ‘bill shock’. These electricity for 30 days (monthly) or 90 the counter through Australia Post, are normally reserved to direct debit days (quarterly) and at the end of the and Credit Cards. According to the facilities due to the unnecessary effort period they bill you. You normally have Australian Securities and Investments of manually making the payments. 14 days to pay from the date the bill was Commission’s ‘Money Smart’ website, issued. There are a couple of exceptions electricity retailers have the lowest Remember it is always your choice as which involve paying for the energy for credit card processing fees of all to how you pay, which also means it is the period in advance and paying the consumer products ranging from 0.4% your choice to pay the fees if they exist difference when the bill is issued. to 2.5% depending on the card type. which should always be clear on an electricity offer. All products require the electricity Best Ways to Pay supplier to carry the cost of the consumer, in both cash and credit risk, Direct Transfer via BPay or Direct Further Information this is where certain payment options Debit via a bank account are usually For more information visit can become a saving which is passed the lowest or no-cost options and are localityenergy.com.au onto the consumer. generally the easiest. These methods are typically the best because you In general, your account should avoid the risk of forgetting to pay and represent what you have agreed to pay incurring late fees and, for the most and an option to make payment without part, paying this way provides you with incurring a fee needs to be available. access to the best offers. THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 11
NEW FEATURE Self managed and simple schemes painted individually, the colour scheme (which must remain unchanged unless explicitly register. Recently, a townhouse that I manage had a water ingress issue thought to be 3. Exclusive use by-laws and improvements permitted to be changed) may coming from the roof. However, By Ross Utting, Tracsafe become slightly mismatched the unrecorded air-conditioning and degrade the overall unit installed by the lot owner This is the third article Finding and changing EUA the neighbouring owner. I often Extending EUA in a townhouse impression of the scheme. and situated on common in a series about Your current community convert duplex schemes to the In simple townhouse schemes, property in the roof cavity was simple schemes. Most management statement (CMS specified two-lot regulation defined by BFP survey, the Improvements the culprit. If that unit had simple schemes can be schedule E), in association and at the same time allocate EUA can be extended further A recurring request for a been recorded on the common characterised as being with the exclusive use by- the scheme perimeter fence as in order to shift the funding for committee to consider will be property improvements laws and any exclusive use EUA. Simple schemes with a maintenance out of the sinking improvements by lot owners register, the committee may either a low height drawings, is the only way to small number of lots can also fund and into the lot owner’s to the common property. In have been more circumspect in apartment complex or a make this CMS modification investigating the root cause. confirm the true state of the bank account. Roofs, eaves, an older scheme, the number collection of independent EUA on your scheme. EUA is but as lot numbers increase, it guttering, cladding that are of such improvements can be dwellings. Complexity hard to change because of the becomes difficult to get all lot adjacent/beneath the lot can considerable. Ceiling insulation Committees can approve a increases with the number need for resolutions without owners to agree. Unless each be allocated as EUA. Painting for a top floor unit, satellite common property improvement of lots and the variety and dissent and agreement by all and every lot owner accepts and roofing are the two biggest dishes, courtyard landscaping, by a lot owner where the cost extent of infrastructure directly impacted lot owners. responsibility for their portion expenditure items in simple solar panels, air conditioning, of the improvement is less than on the common property. Consequently, it is very of the scheme perimeter fence, townhouse schemes. This can shade cloths, decks, etc. are a $3,000. Beyond that, only a There is no strict cut-off important that the EUA created it would not make sense to drive the sinking fund levies few common examples. general meeting may consider by the developer is as good as the motion for an improvement. to our definition of simple. proceed with the change. down significantly. it can be. Under the standard module One approach when considering One of the motivations for the There are downsides.The Act regulation, a register of committee approval is to E xclusive use by-law allocations (EUA), typically courtyards, are very common in Perimeter fence as EUA An obvious EUA that is often scheme perimeter fence EUA is that the sinking fund of the requires that the common property be maintained in authorisations affecting the common property must exist. imagine if every lot in the scheme wanted a similar overlooked is the perimeter fence body corporate should no longer good condition (not bad, not My experience with managed improvement ... would that be townhouse schemes surveyed that bounds scheme land. By include an allocation for perimeter fair). If one or more lot owner schemes is that this register is an issue for the lot occupiers? by building format plan (BFP). I default, this is a body corporate fence maintenance. Indirectly, does not repaint to meet this generally not well-maintained ... would there be utility capacity sometimes find that lot owners responsibility irrespective of this should impact sinking fund maintenance requirement, by body corporate managers. in the scheme if that happened? fail to realise that their courtyard the scheme survey plan. In levies in a downwards direction. other lot owners may feel that The register is not required for If the improvement is slightly does not form part of their lot. a townhouse scheme, it is Over time, each lot owner will still the scheme is looking shabby. the small schemes module, but controversial, get it decided at An even more common scenario is lot owners being unaware that common for each lot (or lot/ need to fund the same amount of Unfortunately, the process I do encourage small schemes a general meeting rather than they need to seek permission to EUA) to be partially bordered by repairs for the scheme. Some of of getting the recalcitrant lot committees to also maintain a committee. make improvements to scheme the scheme perimeter fence. A the funds will come directly from owner to act can be tough. common property. EUA remains specific EUA by-law regarding the lot owner (self-funded EUA Additionally, the cost to repaint common property … and as the perimeter fence adjacent maintenance) and some indirectly per lot owner may be much Further Information such any changes to the EUA to the lot or the EUA courtyard via lot owner sinking fund levies cheaper if the whole scheme Website www.tracsafe.com.au do require approval (unless can assign all maintenance and and consequential body corporate had been repainted due to the Email contact@tracsafe.com.au otherwise stated in the exclusive structural repair to the lot owner maintenance activities. benefit of scale and a single Phone 07 31143198 use by-law). who will then need to deal with painting contract. If the lots are 12 UNIT NEWS DEC 2018 BECOME A MEMBER TODAY uoaq.org.au
SPONSORED CONTENT What’s the Problem? The National Broadband Network is Australia’s next-generation landline phone and Internet network. a cellular, battery powered backup for your lift phone during an nbntm outage. Using Dual SIM Currently, 1 in 2 premises are able to connect to the nbntm. This poses a problem for buildings with connectivity, the DET unit emulates the reliability of your traditional copper connection. lift services. Replacing the existing copper lines (for both residential & commercial properties), the nbntm does not guarantee 100% service uptime. Our DET unit comes standard with twelve hours of battery backup, powering the unit in the event of a network outage. This is a comprehensive, total peace of mind solution. DET is your failsafe - when In the event of a network outage, your emergency lift phone will not operate. This means lift the nbntm goes down, your lift phone won’t go down with it. passengers will not be able to place calls during an nbntm power outage. Further Questions Call us on 1300 658 025 to discuss your lift phone What’s the Solution? requirements. For a full service scope, please visit voipforce.com.au/service-scope VoIPforce & Telstra bring you the DET (Duress & Emergency Telephone) Service - providing THE LATEST NEWS facebook.com/uoaq.inc DEC 2018 UNIT NEWS 13
You can also read