Frequently Asked Questions

You can challenge a levy if you believe your lot entitlement has been applied incorrectly, or if the budget approval process at the AGM was flawed (for example, proper notice was not given). However, you cannot simply refuse to pay because you disagree with how the money will be spent. Levies approved at a properly held AGM are binding on all owners regardless of how they voted. If you believe the levy was set unlawfully, you can apply to the Commissioner for Body Corporate and Community Management for conciliation or adjudication. Importantly, continuing to withhold levies while a dispute is in progress will result in interest accruing and debt recovery action — these consequences continue regardless of the dispute outcome. This article is general information only and not legal advice.

No. A committee cannot raise a special levy on its own authority. A special levy requires a resolution passed at a general meeting of all lot owners — an ordinary resolution (more votes for than against) is sufficient in most cases. The committee would call a general meeting, present the reason for the special levy and the amount required, and owners vote on it. Special levies are usually raised for unexpected urgent expenditure not covered by the sinking fund — for example, emergency structural repairs or a large uninsured loss. The exception is genuine emergency expenditure necessary to prevent serious damage or injury, where the committee can act immediately and must then report the expenditure to owners as soon as practicable. This article is general information only and not legal advice.

Your share of the levy is determined by your lot entitlement. The formula is: Your lot entitlement ÷ Total scheme entitlements × Total levy raised = Your levy Lot entitlements are set when the scheme is registered and reflect the relative value or size of each lot. They are recorded in the community management statement. A lot with a higher entitlement pays a larger share of the levy. The total levy amount is determined by the budget approved at the AGM — the committee prepares a budget for each fund, owners vote to approve it, and the levy amounts flow from that approval. This article is general information only and not legal advice.

The BCCM Act allows the body corporate to charge interest on overdue levies at a rate of up to 2.5% per month (equivalent to 30% per annum). This rate must be set or confirmed at the AGM. If no rate is set by the body corporate, interest can still be charged at the statutory rate prescribed under the regulations. Interest compounds monthly on the unpaid balance, meaning it accumulates quickly. For example, $1,000 overdue for six months at 2.5% per month becomes approximately $1,160 — before any debt recovery costs are added. This is a deliberate incentive to keep levies current, and one of the strongest reasons to contact the body corporate manager immediately if you are having difficulty paying. This article is general information only and not legal advice.

Levies (also called contributions) are the regular payments lot owners must make to fund the running of the body corporate scheme. There are two separate levies: the administrative fund levy, which covers day-to-day expenses, and the sinking fund levy, which builds up long-term savings for major works. The amounts are set at the Annual General Meeting when the committee presents its budget for the coming year. Your levy amount is calculated in proportion to your lot entitlement, which is set out in the community management statement — a lot with a higher entitlement pays a larger share. Levies are usually paid quarterly and are a legal obligation on all lot owners.

If levies are not paid by the due date they become a debt owed to the body corporate. The body corporate may then: 1. Charge interest on overdue amounts (up to 2.5% per month under the BCCM Act) 2. Engage a debt collector 3. Register a statutory charge over your lot — which can affect your ability to sell or refinance Interest compounds monthly and accumulates quickly. A small overdue amount can grow significantly over a few months. If you are struggling to pay, contact the body corporate manager early. Many committees will agree a payment plan before escalating to formal recovery action. This article is general information only and not legal advice.

A sinking fund forecast is a 10-year plan that projects the major capital expenditure a body corporate scheme is likely to incur — things like repainting, roof replacement, resurfacing driveways, and replacing pool or lift equipment. The BCCM Act requires most schemes to have a current sinking fund forecast prepared by a suitably qualified person, typically a quantity surveyor or building consultant. The forecast is used to set the sinking fund levy at a level that will accumulate sufficient funds when major works fall due. A scheme that has consistently set its sinking fund levy too low will face large special levies when major repairs are needed. When buying into a scheme, always review the sinking fund forecast and the current balance — a large forecast liability against a small fund balance is a warning sign. This article is general information only and not legal advice.

This is an evolving area of Queensland law. Historically, many schemes had blanket pet bans in their by-laws. However, recent court decisions have questioned whether an absolute ban on all pets — with no discretion to consider individual applications — is enforceable. The current position is that a body corporate can regulate pets (requiring approval, imposing conditions, or restricting certain types of animals) but a blanket ban that gives the committee no ability to consider individual requests on their merits may be open to challenge. If you want to keep a pet, apply to the committee in writing. If approval is refused without reasonable grounds, you may have grounds to challenge the decision through the Commissioner's office. This article is general information only and not legal advice.

Yes — a body corporate can regulate short-term letting through its by-laws. By-laws can restrict the frequency, duration, or manner of short-term letting, or require committee approval before an owner commences short-term letting. However, a by-law that completely prohibits all short-term letting may face legal challenge as being too restrictive. The most defensible approach is a by-law that sets reasonable conditions — such as requiring the owner to register guests, maintain a noise complaints contact, and ensure guests comply with all other by-laws — rather than an outright ban. Note that short-term letting is also subject to council zoning rules and, in some cases, state tourism licensing requirements. These operate separately from body corporate by-laws. This article is general information only and not legal advice.

Yes. By-laws are binding on all occupants of the scheme — owners, tenants, guests, and visitors. An owner who rents out their lot is responsible for ensuring their tenant complies with the by-laws. This means: - The owner should provide their tenant with a copy of the by-laws at the start of the tenancy - If a tenant breaches a by-law, the body corporate issues a contravention notice to the lot owner (not directly to the tenant) - The owner must then take steps to ensure their tenant remedies the breach Persistent tenant by-law breaches that the owner does nothing about can result in the body corporate taking action against the owner, including seeking enforcement orders at QCAT. This article is general information only and not legal advice.

By-laws can only be changed by a resolution passed at a general meeting of lot owners — they cannot be changed by the committee alone. Most by-law changes require a special resolution, meaning no more than 25% of votes cast can be against the motion. Some changes (particularly those affecting exclusive use areas) require a resolution without dissent — no votes against at all. Once passed, the new or amended by-law must be recorded in the community management statement by lodging an updated CMS with the Titles Registry. A by-law change is not legally effective until it has been registered. This process means by-laws are relatively stable and difficult to change without broad owner agreement. This article is general information only and not legal advice.

If another owner or tenant is breaching a by-law, follow these steps: 1. Try to resolve it directly. Many breaches are accidental and a polite conversation can fix them quickly. Document any agreement in writing. 2. If that fails, write to the body corporate secretary or manager with details of the breach — specific dates, times, and the by-law being breached. 3. The body corporate must investigate and, if a breach is confirmed, issue a contravention notice to the owner or occupant. 4. If the breach continues after the notice, the body corporate can apply to QCAT for an enforcement order. 5. If the body corporate fails to act within a reasonable time, you can apply to QCAT directly to compel it to enforce its own by-laws. Keep records of everything throughout this process. This article is general information only and not legal advice.

By-laws are the rules that govern how lots and common property can be used in a body corporate scheme. They are legally binding on all owners, tenants, and visitors. By-laws can cover matters such as: - Noise and behaviour - Parking - Pets - Rubbish disposal - Use of common facilities (pool, gym) - Alterations to lots - Short-term letting Every scheme has by-laws — either the standard by-laws set out in the relevant module regulation, or a customised set recorded in the community management statement. You should receive a copy of the by-laws when you buy a lot. This article is general information only and not legal advice.

An exclusive use by-law allocates part of the common property for the exclusive use of one particular lot. Common examples include: - A courtyard attached to a ground-floor lot - An allocated car park space - A storage cage or garden area The owner with exclusive use rights is typically responsible for maintaining that area, even though it is technically common property. Exclusive use by-laws must be recorded in the community management statement. They can only be created, changed, or removed with the consent of the lot owner who holds the exclusive use rights — usually requiring a resolution without dissent, meaning no lot owner can vote against. This is one of the most restrictive resolution types in body corporate law, reflecting the significance of altering private use rights over shared property. This article is general information only and not legal advice.

Yes. A lot owner can request the committee to call a general meeting. If owners holding at least 25% of the lots in the scheme make a written request to the secretary, the committee is obliged to call a general meeting within the timeframe set by the relevant module regulation. You can also submit motions for inclusion on an existing AGM agenda — write to the secretary with your motion in clear terms, including your name and lot number, in time for the 21-day notice period. The secretary must include properly submitted owner motions on the agenda. If the committee refuses to call a meeting after a valid request, you can apply to the Commissioner for Body Corporate and Community Management for an order requiring the meeting to be held. This article is general information only and not legal advice.

Yes. If you cannot attend a general meeting in person, you can appoint another person to vote on your behalf by giving them a written proxy. The proxy form must be submitted to the secretary before the meeting — the cut-off time is specified in the meeting notice. You can give your proxy: - Open authority to vote however they see fit, or - Specific instructions on how to vote on each motion There are rules about who can hold a proxy. For example, a body corporate manager, caretaker, or their associates are generally not eligible. Most module regulations also limit the number of proxies one person can hold. If you cannot attend and do not wish to give a proxy, you may also be able to vote by written or secret ballot on some motions — check the meeting notice. This article is general information only and not legal advice.

The vote threshold required depends on the significance of the decision: **Ordinary resolution** — more votes for than against. Used for routine matters: budget approval, routine spending, engaging contractors within limits. **Special resolution** — no more than 25% of votes cast can be against. Required for by-law changes and major improvements to common property. **Resolution without dissent** — no votes against at all. Required for certain exclusive use by-law changes and other matters affecting individual owners' rights. **Majority resolution** — more than 50% of all lot entitlements in the scheme voting in favour. Required for the most significant decisions such as terminating the scheme. Abstentions and absent votes are treated differently under each threshold — the body corporate manager can advise on how they are counted for a specific motion. This article is general information only and not legal advice.

Under the BCCM Act, lot owners must be given at least 21 days' written notice of an AGM. The notice must include: - The agenda and all motions to be voted on - Supporting information for each motion - Financial statements for the previous year - The committee's proposed budget - Voting papers If you do not receive proper notice, the validity of any decisions made at the meeting may be challenged. For an Extraordinary General Meeting (EGM), the same 21-day notice period generally applies, though some urgent matters may allow a shorter period with the agreement of all owners. Notice is typically sent by email or post to the address registered with the body corporate. Make sure your contact details are current with the body corporate manager. This article is general information only and not legal advice.

The Annual General Meeting (AGM) is the most important meeting in the body corporate calendar. Under the BCCM Act, it must be held within 3 months of the end of the scheme's financial year. At the AGM, owners: - Approve the budget and levy amounts for the coming year - Elect committee members - Vote on motions submitted by the committee or individual owners - Receive the previous year's financial statements You are not legally required to attend, but attending — or voting by proxy or written ballot — is the best way to have your say on how the scheme is run. Low owner participation means a small number of engaged owners can effectively control all decisions. Even attending the AGM and voting on the budget is far better than taking no interest at all. This article is general information only and not legal advice.

A quorum is the minimum number of eligible voters required to be present at a meeting for its decisions to be legally valid. For a general meeting, a quorum is typically at least 25% of the lots in the scheme represented — in person or by proxy. For a committee meeting, a quorum is usually a majority of the committee members. If a quorum is not reached at an AGM, the meeting is adjourned and reconvened at a later date. At the reconvened meeting, decisions can generally be made regardless of how many owners attend. This means that in a scheme where most owners are disengaged, a very small number of active participants can effectively make all decisions. It is a strong reason to attend or submit a proxy even if you cannot be there in person. This article is general information only and not legal advice.

These are two different types of meetings with different authority: **Committee meeting** — attended only by elected committee members. Deals with day-to-day management within the authority delegated by the body corporate. Decisions are by majority vote of members present. **General meeting** — open to all lot owners. Required for decisions outside the committee's authority, including: - Approving the annual budget and setting levies - Changing by-laws - Raising special levies - Spending above the committee's spending limit - Making improvements to common property - Electing committee members General meetings are the highest decision-making authority in the scheme. No committee decision can override a resolution properly passed at a general meeting. This article is general information only and not legal advice.

Generally, body corporate disputes go through the Commissioner's office (conciliation, then adjudication) rather than directly to QCAT. Most disputes must be attempted through the Commissioner's process first. However, there are situations where QCAT can be approached directly: - To enforce a by-law after the body corporate has failed to act within a reasonable time - To appeal an adjudicator's decision - For disputes that fall under QCAT's direct jurisdiction For owner-to-owner disputes that do not involve the body corporate itself — such as property damage or trespass — these may be dealt with through QCAT (Minor Civil Disputes) or the Magistrates Court rather than the body corporate process. If you are unsure of the right pathway, the Commissioner's office can advise which process applies to your situation. This article is general information only and not legal advice.

Your options depend on the nature of the dispute: **For decisions made at a general meeting:** You can apply to the Commissioner for Body Corporate and Community Management for adjudication if you believe the decision was made unlawfully — for example, if proper notice was not given or the wrong resolution type was used. **For ongoing issues** (by-law enforcement, maintenance failures, access to records): The Commissioner's office offers a free conciliation service as a first step. If conciliation does not resolve the matter, you can apply for formal adjudication. **Appeals:** Adjudicators' decisions can be appealed to QCAT. In all cases, document your concerns in writing and keep copies of all correspondence before starting any formal process. This article is general information only and not legal advice.

Timeframes vary depending on the process: **Conciliation:** Typically 4–12 weeks from application, depending on the parties' availability and complexity. **Adjudication:** Usually 3–6 months from application to decision. **QCAT:** Can take 6–18 months for complex matters, though simpler enforcement matters may be faster. These are guides only — actual timeframes vary. Importantly, your legal obligations continue regardless of the dispute. You must keep paying levies throughout the process — withholding payment will result in interest and debt recovery action even if you ultimately win the dispute. If the matter is urgent (for example, safety at risk or an imminent AGM decision), mention this when you apply — urgent matters can sometimes be expedited. This article is general information only and not legal advice.

Good documentation is essential. Start keeping records as soon as you become aware of a potential dispute — early evidence is often lost if you wait. Keep copies of: - All correspondence (letters, emails, text messages) - Meeting notices, agendas, and minutes - Photographs and videos with timestamps - A written log of incidents with specific dates and times - Any written agreements or undertakings made by the other party - Copies of relevant by-laws and sections of the community management statement - Any reports from tradespeople or building inspectors Evidence that is not documented is very difficult to rely on in conciliation or adjudication. An adjudicator can only consider what is in front of them in writing. This article is general information only and not legal advice.

Adjudication is a formal dispute resolution process available through the Commissioner for Body Corporate and Community Management. An independent adjudicator reviews written submissions from both parties — you do not appear in person — and makes a binding written decision. Adjudication is suitable for disputes about: - Body corporate decisions alleged to be unlawful - By-law enforcement (or failure to enforce) - Maintenance obligations - Access to records - Levy disputes Before applying for adjudication, you must first attempt conciliation (or demonstrate that conciliation is not appropriate in the circumstances). There is an application fee for adjudication. Adjudicators' decisions are binding and can be enforced through QCAT if the losing party does not comply. This article is general information only and not legal advice.

QCAT is the Queensland Civil and Administrative Tribunal — an independent tribunal that hears a wide range of civil and administrative disputes, including body corporate matters. In the body corporate context, QCAT can: - Hear appeals against adjudicators' orders made by the Commissioner's office - Enforce adjudicators' decisions - Deal with some disputes directly - Award costs - Issue enforcement orders and impose penalties QCAT proceedings are more formal than conciliation or adjudication. Parties can be legally represented, though many owners appear without a lawyer. Most body corporate disputes start with conciliation through the Commissioner's office rather than going directly to QCAT. QCAT is generally the escalation point after the Commissioner's process. This article is general information only and not legal advice.

The Commissioner for Body Corporate and Community Management is a Queensland Government statutory office that administers the BCCM Act and provides dispute resolution services. The Commissioner's office offers: - **Free conciliation** — an informal process where a conciliator helps both parties reach agreement - **Formal adjudication** — a written submissions process where an independent adjudicator makes a binding decision - **Information and guidance** — published guidance notes on common body corporate issues The Commissioner does not act as an advocate for either side. Conciliation is confidential and voluntary — both parties must agree to participate. The Commissioner's office is the recommended first stop for most body corporate disputes before considering QCAT. Contact and application details are on the Queensland Government website. This article is general information only and not legal advice.

No — not without the body corporate's approval. Improvements to common property (as opposed to routine maintenance) require a resolution passed at a general meeting — typically a special resolution. This is because common property is collectively owned and changes to it affect all owners. An improvement that benefits only one lot — such as installing a gate at a private courtyard entrance — may also require the creation of an exclusive use by-law, which requires a resolution without dissent. Carrying out unauthorised improvements to common property is a breach of your obligations and you may be required to restore the area to its original condition at your own expense. If you want to make an improvement, submit a written proposal to the committee explaining what you want to do, why, and who will bear the cost. The committee can then bring it to a general meeting. This article is general information only and not legal advice.

If you have reported a maintenance issue in writing and no action has been taken within a reasonable time, escalate as follows: 1. Send a written follow-up to the committee (not just the manager) requesting a written response by a specific date. 2. If still no action, apply to the Commissioner for Body Corporate and Community Management. You can request conciliation first, or apply directly for adjudication seeking an order that the body corporate carry out the repairs. 3. In genuine emergencies where safety is at risk and the committee cannot be reached quickly, some module regulations allow an owner to arrange emergency repairs and seek reimbursement from the body corporate — but this is a last resort and requires documented evidence of urgency. Always keep written records of every report and follow-up. This article is general information only and not legal advice.

Water damage disputes between lots are among the most common body corporate issues. The key question is where the leak originated: **If the source is within another lot** (a burst pipe, overflowing bath, or leaking hot water system) — the lot owner whose lot caused the damage is responsible for repairs to the source and may be liable for damage caused to your lot. **If the source is common property** (a shared pipe, roof, or external wall) — the body corporate is responsible for the repair. Steps to take: 1. Notify the body corporate manager in writing immediately, with photographs and the date and time of discovery 2. The body corporate is obliged to investigate 3. Consider notifying your own insurer — building damage from water may be covered by the body corporate's building insurance policy regardless of the source This article is general information only and not legal advice.

A maintenance plan (sometimes called a maintenance schedule) sets out the routine and periodic maintenance tasks for the scheme's common property — along with an estimated timetable and cost. A typical maintenance plan covers: - Garden and grounds maintenance schedules - Pool and equipment servicing - Gutter and roof cleaning - Repainting cycles - Lift and mechanical plant servicing - Fire safety equipment inspections While a formal written maintenance plan is not mandatory for all schemes, having one is good practice. It helps the committee set accurate administrative fund budgets and ensures maintenance is not deferred or forgotten. Larger and more complex schemes — particularly high-rise buildings — especially benefit from a detailed maintenance plan prepared by a qualified building consultant. This article is general information only and not legal advice.

The lot boundary defines where your private ownership ends and common property begins. Understanding it is essential for resolving maintenance and renovation disputes. In most standard module schemes, the boundary is: - The inner surface of boundary walls (inner face of external walls) - The upper surface of floors - The under surface of ceilings Everything inside those surfaces — internal linings, plumbing within the lot, fixtures and fittings — is part of your lot and your responsibility to maintain. The exact boundary is defined by the registered scheme plan lodged with the Titles Registry. In some schemes (particularly older ones) the boundary definition may differ. Before undertaking any renovation or reporting a maintenance issue, check the scheme plan to confirm whether the affected area is inside your lot or on common property. This article is general information only and not legal advice.

The body corporate is responsible for maintaining common property in good condition. Common property includes all areas that are not part of an individual lot — typically: - Gardens, lawns, and landscaping - Driveways and car parks - Swimming pools and gymnasiums - External walls, roof, and gutters - Stairwells, corridors, and lifts - Shared plumbing and electrical infrastructure The cost of maintaining common property is funded through the administrative fund levy paid by all owners. If the body corporate fails to maintain common property to a reasonable standard, a lot owner can report the issue in writing and, if no action is taken, apply to the Commissioner for Body Corporate and Community Management for an order requiring the works to be carried out. This article is general information only and not legal advice.

As a lot owner, you are responsible for maintaining the inside of your lot and any fixtures and fittings within it. This includes: - Internal walls and ceilings - Flooring - Internal plumbing (taps, toilets, hot water systems) - Electrical fittings within the lot - Kitchen and bathroom fixtures and appliances - Air conditioning units serving only your lot The exact boundary between your lot and common property is defined in the scheme plan and community management statement. Maintenance obligations can sometimes overlap — for example, a pipe that services only your lot may be your responsibility even if it passes through a wall. If you are unsure whether a maintenance issue is your responsibility or the body corporate's, check the CMS or ask the body corporate manager. This article is general information only and not legal advice.

No. Body corporate building insurance covers the building structure and common property — it does not cover the contents of individual lots. Your furniture, appliances, clothing, personal valuables, and any improvements you have made to your lot above the original standard (such as new carpet, blinds, or a renovated kitchen) are not covered by the body corporate's policy. As a lot owner you should take out: - **Contents insurance** covering your personal belongings and lot improvements - **Public liability insurance** for incidents within your lot - **Landlord insurance** if you rent the property out (covers loss of rent and tenant damage) Do not assume the body corporate's insurance protects you from all risks — it does not. This article is general information only and not legal advice.

Yes — despite the body corporate's building insurance, you should maintain your own insurance as a lot owner. Your own policy should cover: - **Contents** — furniture, appliances, clothing, and personal valuables - **Lot improvements** — any renovation work or fixtures above the original building standard that the body corporate's policy may not cover - **Public liability** — for claims arising from incidents within your lot - **Loss of rent** (if you lease the property) — the body corporate's policy generally does not cover rental income If your lot is tenanted, landlord insurance is strongly recommended as it provides specific protections for investment properties including tenant damage cover. The body corporate's building insurance and your own contents/liability policy work together — neither alone provides complete coverage. This article is general information only and not legal advice.

The insured value should reflect the full cost of rebuilding the scheme from scratch — including demolition costs, professional fees (architect, engineer), and compliance with current building codes. This is not the same as the market value of the property. Construction costs and market values often diverge significantly, particularly for older buildings. The BCCM Act requires the body corporate to have the insured value assessed by a suitably qualified person at least every five years. Most committees arrange this more frequently — annually or every two years — because construction costs change quickly. Underinsurance is a serious risk: if the building is insured for less than its full replacement cost, owners may face a large shortfall in any major claim that must be made up through a special levy. This article is general information only and not legal advice.

Yes. Under the BCCM Act, the body corporate is legally required to take out and maintain a building insurance policy covering the full replacement value of the scheme's insurable assets. This is not optional — it is a statutory obligation. The policy must: - Be with a licensed insurer - Cover all lots and common property to full replacement value - Be renewed each year The body corporate is also required to hold public liability insurance of at least the minimum prescribed amount (currently $10 million). The committee is responsible for ensuring policies are current and that insured values are adequate. Failure to maintain adequate insurance could expose the body corporate — and ultimately all owners — to significant uninsured loss. This article is general information only and not legal advice.

Body corporate building insurance covers the repair or replacement of the building and common property structures following an insured event — such as fire, storm, flood, or accidental damage. It typically covers: - External walls, roof, and floor slabs - Common area fitout (carpets, paint, fixtures in common areas) - Fixed building infrastructure (lifts, pools, mechanical plant) - Car park structures It does not cover: - The personal contents of individual lots - Improvements made by individual owners above the original building standard - Public liability for incidents within individual lots - Loss of rent or temporary accommodation costs (unless specifically included) The insured value should reflect the full cost of rebuilding the scheme, not the market value of the property. This article is general information only and not legal advice.

If the body corporate's insurance is inadequate to cover a major loss, the shortfall becomes a liability of the body corporate — which means all lot owners are responsible for making up the difference, typically through a special levy. For example, if a building costs $5 million to rebuild but is only insured for $3 million, the owners collectively face a $2 million shortfall after a total loss — in addition to the disruption of the event itself. This risk has grown significantly in recent years due to rapid construction cost inflation outpacing insured values. If you believe the scheme is underinsured, raise it in writing with the committee and request an updated independent insurance valuation. This is one of the most important financial risks to monitor in any strata scheme. This article is general information only and not legal advice.

Public liability insurance covers the body corporate against claims for personal injury or property damage occurring on common property. For example, if a visitor slips on a wet common area floor and suffers injury, the body corporate's public liability insurance covers legal defence costs and any compensation awarded. The BCCM Act requires the body corporate to hold public liability insurance of at least $10 million. Important limitations: - It covers common property only — not incidents within individual lots - It covers the body corporate as an entity — not individual lot owners personally - Lot owners should hold their own public liability cover for incidents within their private areas Public liability claims are processed through the body corporate's insurer and managed by the committee or body corporate manager. This article is general information only and not legal advice.

Yes. A committee member can be removed from office in several ways: **By resolution at a general meeting:** Any lot owner can submit a motion to remove a committee member. This requires an ordinary resolution (more votes for than against) at a general meeting. **Automatic disqualification:** A committee member is automatically disqualified if they fall into arrears with levies, are no longer eligible to serve (for example, they sell their lot), or meet another disqualification condition under the relevant module. **Voluntary resignation:** A committee member can resign by giving written notice to the secretary. If a committee member is removed or resigns, the remaining committee can co-opt a replacement to serve until the next AGM, depending on the module rules. This article is general information only and not legal advice.

The committee can approve spending up to the spending limit set by the body corporate at the AGM. Spending above this limit — other than genuine emergency repairs — must be approved at a general meeting. Key rules: - The limit applies per item of expenditure, not per year - The limit cannot be circumvented by splitting one large job into smaller amounts - Emergency repairs necessary to prevent serious damage or injury can exceed the limit, but must be reported to owners as soon as practicable - Spending limits are separate for the administrative and sinking funds If the body corporate does not set a spending limit at the AGM, a default limit applies under the relevant module regulation. For major works — repainting, resurfacing, major repairs — the committee should bring the matter to a general meeting regardless of whether the cost exceeds the limit. This article is general information only and not legal advice.

The committee must have three office bearers, elected from among its members: **Chairperson** - Presides at committee and general meetings - Has a casting vote in the event of a tie - Signs documents on behalf of the body corporate **Secretary** - Manages correspondence with owners and the manager - Prepares and distributes meeting notices and agendas - Keeps minutes and maintains records - Receives formal applications and notices from owners **Treasurer** - Oversees the scheme's finances - Monitors budgets and bank accounts - Prepares financial reports for meetings - Manages levy collection oversight In small schemes, one person can hold more than one office bearer role. The body corporate manager often performs the administrative functions of the secretary role under a management agreement. This article is general information only and not legal advice.

The committee cannot make decisions on matters reserved for the body corporate as a whole. These include: - Approving the annual budget and setting levy amounts - Changing by-laws - Raising a special levy - Spending above the committee's approved spending limit (other than emergencies) - Making improvements to common property - Entering into contracts that exceed the committee's authority - Removing a committee member - Terminating or materially varying a service contractor agreement within a restricted period When in doubt about whether a decision is within committee authority, it is safer to call a general meeting. A committee decision made on a matter that required a general meeting resolution can be challenged and set aside. This article is general information only and not legal advice.

The body corporate committee is elected by lot owners at the AGM to manage the day-to-day affairs of the scheme between general meetings. The committee's responsibilities include: - Managing the body corporate's bank accounts and paying accounts - Arranging maintenance and repairs to common property - Engaging and supervising contractors - Enforcing by-laws (issuing contravention notices) - Calling and preparing for general meetings - Corresponding with owners and the body corporate manager - Making decisions within its delegated authority The committee cannot make decisions reserved for general meetings — such as setting the budget, changing by-laws, or spending above its approved limit. It acts as the body corporate's executive between owner meetings. This article is general information only and not legal advice.

A conflict of interest arises when a committee member has a personal or financial interest in a matter being decided by the committee. Common examples: - A committee member's company is being considered for a contract - A committee member stands to benefit personally from a decision about common property adjacent to their lot - A family member of a committee member is involved in the matter What must happen: 1. The committee member must disclose the conflict to the committee before the matter is discussed 2. The disclosure must be recorded in the minutes 3. The committee member must leave the meeting while the matter is discussed and voted on 4. They cannot vote on the matter Failure to disclose a conflict of interest is a breach of the committee member's duties and can be grounds for removal from the committee. This article is general information only and not legal advice.

Any lot owner who is not in arrears with their levies is eligible to nominate for the committee. You do not need any special qualifications. A person who is not an owner can also serve if they are nominated by a lot owner — for example, a company representative (if a lot is owned by a company) or a co-owner who is not named on the title. The following people are generally not eligible: - A body corporate manager, caretaker, or their associates - Persons who are bankrupt or have been convicted of relevant offences - Anyone currently in arrears with levies Committee members should be willing to act in the best interests of all owners in the scheme, not just their own lot. This article is general information only and not legal advice.

Yes. As a lot owner, you have a legal right to inspect the body corporate's records, including financial records. The process: 1. Make a written request to the body corporate secretary or manager specifying which records you wish to inspect 2. The body corporate must respond within the timeframe set by the relevant module 3. You can attend to inspect records in person, or request copies (a reasonable copying fee may be charged) Records you can request include: - Financial statements - Bank statements - Invoices and payment records - Insurance policies - Contracts - Meeting minutes If your request is refused or ignored, you can apply to the Commissioner for Body Corporate and Community Management for an order requiring access. This article is general information only and not legal advice.

The committee prepares draft budgets for both the administrative fund and the sinking fund before the AGM. **Administrative fund budget:** Covers expected day-to-day expenditure for the coming year — insurance, management fees, routine maintenance, utilities for common areas, and administration costs. **Sinking fund budget:** Based on the 10-year sinking fund forecast. Sets aside funds for future major expenditure such as repainting, roof replacement, and resurfacing. The draft budgets are included in the AGM notice sent to all owners. At the AGM, owners vote to approve (or reject) each budget. Once approved, the committee determines the quarterly levy amounts required to fund the budgets and issues levy notices. Owners can ask questions about the budget at the AGM and submit motions to amend it before it is voted on. This article is general information only and not legal advice.

Body corporate funds must be held in trust in a prescribed account — typically a bank account in the scheme's name administered by the body corporate manager or the committee. Surplus funds can be invested in prescribed low-risk investments such as: - Bank term deposits - At-call savings accounts - Other government-approved deposit accounts Body corporate funds cannot be invested in shares, managed funds, or other volatile assets. The priority is capital preservation and accessibility — the funds need to be available when maintenance expenses or levy shortfalls arise. Any interest earned belongs to the fund in which the money is held. The committee should review investment arrangements regularly, particularly in a changing interest rate environment, to ensure the scheme is earning a reasonable return on term deposits. This article is general information only and not legal advice.

A body corporate must maintain comprehensive financial records, including: - Bank account statements for all funds - Levy records and individual owner payment histories - Accounts payable and receivable - Financial statements for each completed financial year - Approved budgets and levy notices - Insurance policies and renewal correspondence - All contracts entered into by the body corporate - Records of all expenditure with supporting invoices Financial records must generally be kept for at least 7 years. The body corporate manager typically maintains these records on behalf of the committee. All financial records must be made available for inspection by lot owners on request. This article is general information only and not legal advice.

If a body corporate's administrative fund is insufficient to meet its obligations, the committee must act quickly: 1. **Call a general meeting** to raise an interim levy or special levy to restore the fund balance 2. **Prioritise essential expenditure** — insurance and critical maintenance must be maintained 3. **Report to owners** transparently about the financial position The body corporate cannot simply stop paying its obligations — unpaid insurance premiums, maintenance contracts, or management fees create further liabilities. Running out of funds is almost always the result of: - Levies being set too low for too long - Unexpected large expenditure not in the budget - Poor levy collection (significant arrears not being recovered) Owners who pressure the committee to keep levies artificially low often end up facing large special levies when the funds run out. This article is general information only and not legal advice.

A body corporate manager is engaged under a management agreement to assist the committee with administration. In the financial area, the manager typically: - Prepares and issues quarterly levy notices - Collects levies and follows up overdue accounts - Pays accounts and maintains the bank accounts - Prepares financial reports for committee meetings - Assists the committee with budget preparation - Arranges annual financial statements The manager is an administrator — not a decision-maker. Signing authority for payments and financial decisions remain with the elected committee members. The committee should regularly review the manager's financial reports and ask questions about any unusual items. It is the committee's responsibility to oversee the manager's work, not to blindly approve everything presented to them. This article is general information only and not legal advice.

The body corporate must table financial statements for the preceding financial year at the AGM. These must be: - Prepared in accordance with the relevant module regulations - Included with the AGM notice sent to all owners at least 21 days before the meeting - Available for owners to inspect at any time on request Financial statements typically include: - Balance sheet (assets and liabilities of each fund) - Income and expenditure statement - Notes explaining significant items For larger schemes, the statements may be reviewed or audited by an external accountant. A lot owner can also request financial statements at any time outside the AGM cycle — they form part of the records that must be made available for inspection. This article is general information only and not legal advice.

Yes. When you buy a lot in a body corporate scheme you take it subject to all existing by-laws, resolutions, contracts, and financial obligations of the body corporate. This includes: - All by-laws currently in force - Any approved special levies not yet collected - Ongoing contracts entered into by the committee - Any known maintenance issues or legal proceedings - Any exclusive use arrangements affecting common property near your lot You cannot refuse to be bound by decisions made before you purchased. This is why reviewing the AGM minutes, financial statements, body corporate search, and disclosure statement before settlement is so important — these documents reveal what you are taking on. An undisclosed pending special levy or unresolved legal dispute can become a significant unexpected cost. This article is general information only and not legal advice.

There are several ways to find out the current levy amounts for a lot you are considering buying: **Seller's disclosure statement:** The seller is legally required to disclose current levies before you sign the contract. **Body corporate search:** A specialist search agent compiles a report from the body corporate manager's records, showing current quarterly levies, any approved special levies, and the fund balances. This is the most comprehensive and reliable source. **Real estate agent:** Can usually provide the current levy schedule, though always verify against the formal search. **Direct contact with the body corporate manager:** If you have the manager's details, you can request a levy certificate. Factor the levies into your total ownership costs before purchasing — levies vary enormously between schemes and can be a significant ongoing expense. This article is general information only and not legal advice.

Lot entitlements are numbers assigned to each lot in a scheme that determine two critical things: **Contribution entitlements** — determine how much of the levies you pay. A lot with a higher contribution entitlement pays a larger share. **Interest entitlements** — determine your voting weight at general meetings. A lot with higher interest entitlement has more votes. In many schemes both types of entitlement are the same number, but they can differ. Entitlements are set when the scheme is registered and recorded in the community management statement. They can only be changed by a resolution without dissent of all lot owners — making them very difficult to alter in practice. Before buying, check the entitlements of the lot you are purchasing relative to other lots in the scheme. A lot with high entitlements pays more in levies but also has more voting power. This article is general information only and not legal advice.

Before settling on a lot in a body corporate scheme, you should obtain and review: - **Community management statement (CMS)** — by-laws, lot entitlements, exclusive use arrangements - **Most recent AGM minutes** — current budget, levy amounts, any decisions affecting the scheme - **Financial statements** — balance of the administrative and sinking funds - **Sinking fund forecast** — planned major expenditure over the next 10 years - **Body corporate search** — current levies, outstanding levies on the lot, any disputes or legal proceedings - **Seller's disclosure statement** — legally required information about the scheme's current state Review these documents carefully — ideally with your solicitor — before you are committed to purchase. They reveal the financial health of the scheme and any issues that will become your responsibility from settlement day. This article is general information only and not legal advice.

Under Queensland property law, a seller of a lot in a community titles scheme must provide the buyer with a body corporate information certificate (commonly called a disclosure statement) before the contract is signed. The disclosure statement must include: - Current levy amounts - Any special levies that have been approved - The financial position of the administrative and sinking funds - Any known defects or material facts about the scheme - Details of any current legal proceedings involving the body corporate If the disclosure statement is inaccurate and the buyer suffers loss as a result, the buyer may have a right to claim compensation or rescind the contract, depending on the nature and significance of the inaccuracy. Always have your solicitor review the disclosure statement carefully before you sign the contract. This article is general information only and not legal advice.

The community management statement (CMS) is the foundational document of a body corporate scheme. It is lodged with the Titles Registry and is a public document. The CMS sets out: - The by-laws governing the use of lots and common property - The lot entitlements (contribution and interest) for each lot - Any exclusive use arrangements - The management module that applies to the scheme - Details of any layered schemes or shared facilities The CMS is amended whenever by-laws are changed or exclusive use arrangements are created or modified. Each amendment is a new lodgement — the current version is the most recently registered one. As a new owner, obtain a current copy from the Titles Registry or your solicitor before settlement. You will be bound by its contents from the day you become an owner. This article is general information only and not legal advice.

A pre-purchase body corporate search is a report compiled by a specialist search agent before you buy a lot. It is one of the most important due diligence steps when buying into a strata scheme. A comprehensive search typically includes: - Current and historical levy amounts - Balance of the administrative and sinking funds - Outstanding levies on the specific lot - The 10-year sinking fund forecast - Recent AGM and committee meeting minutes - Insurance details and policy number - Any current or proposed special levies - Any known disputes or legal proceedings - Details of any orders or notices affecting the scheme The cost is usually a few hundred dollars. It is money well spent — identifying a poorly managed scheme, a depleted sinking fund, or an undisclosed upcoming special levy before you are legally committed can save you tens of thousands. This article is general information only and not legal advice.

No — not without the body corporate's approval. Common property is collectively owned, and the body corporate is solely responsible for arranging its maintenance and repair. An individual lot owner cannot appoint or pay a contractor to work on common property without the committee's prior agreement. If you have reported a maintenance issue and the body corporate is not acting: 1. Follow up in writing and set a reasonable deadline 2. Escalate to the Commissioner's office if still no response The exception is a genuine emergency — where there is immediate risk of serious damage or injury and the committee genuinely cannot be contacted in time. In that scenario, arrange the minimum necessary emergency work, notify the body corporate immediately in writing, and keep all documentation for reimbursement. Undertaking unauthorised work on common property can make you personally liable for the cost and any resulting damage. This article is general information only and not legal advice.

Yes — within limits. The committee has authority to engage contractors for maintenance and repairs to common property without calling a general meeting, provided the cost falls within the committee's approved spending limit. For routine maintenance (garden services, cleaning, pool maintenance) the committee can engage contractors under ongoing service agreements. For one-off repairs, the committee can approve spending up to its limit per item. Expenditure above the spending limit — other than genuine emergency repairs — must be approved at a general meeting. For larger or more complex works, the committee should also obtain multiple quotes and follow good procurement practice before engaging a contractor, even if the cost is within its limit. This article is general information only and not legal advice.

Yes, where a licence is required by Queensland law for the type of work being performed. Licensed trades in Queensland include: - Electrical work (licensed electrician required) - Plumbing and drainage (licensed plumber) - Building and construction work above certain thresholds (QBCC licence) - Pest control (licensed pest manager) - Asbestos removal (licensed asbestos removalist) The body corporate (or its manager) should verify that any contractor holds a current and appropriate Queensland Building and Construction Commission (QBCC) licence before work commences. Engaging an unlicensed contractor for licensed work is an offence, may void the body corporate's insurance, and can leave the body corporate with no legal recourse if the work is defective. Licence currency can be verified on the QBCC website. This article is general information only and not legal advice.

The committee's spending limit is set by the body corporate at the AGM and determines the maximum the committee can authorise for a single item of expenditure without going to a general meeting. Key rules: - The limit applies per item — not per year - Splitting a single job into smaller amounts to avoid the limit is not permitted - For emergency repairs necessary to prevent serious damage or injury, the committee can exceed the limit — but must report the expenditure to owners as soon as practicable - Limits are typically separate for administrative fund and sinking fund spending If the body corporate does not set a limit at the AGM, a default limit applies under the relevant module regulation. For significant works, the committee should consider bringing the matter to a general meeting for owner approval regardless of whether the cost is within its limit. This article is general information only and not legal advice.

If a contractor is injured on common property, several legal frameworks apply: **Body corporate insurance:** The body corporate's public liability insurance should respond to compensation claims arising from the injury. **Work Health and Safety Act 2011 (Qld):** The body corporate has obligations as a person conducting a business or undertaking (PCBU). This includes taking reasonable steps to ensure contractors can work safely — providing a safe work area and not directing unsafe work. **Contractor's own insurance:** The contractor should hold workers compensation insurance covering their employees, and their own public liability insurance. Before engaging contractors, always verify they hold current public liability and (where applicable) workers compensation insurance. Keep copies of certificates of currency. Engaging uninsured contractors leaves the body corporate exposed to significant liability. This article is general information only and not legal advice.

Before engaging any contractor to work on common property, the body corporate should verify that the contractor holds current and adequate insurance: **Public liability insurance** — minimum $10–20 million is standard for commercial contractors. This covers third-party injury or property damage claims arising from their work. **Workers compensation insurance** — required if the contractor has employees. Covers the contractor's workers if injured on the job. **Professional indemnity insurance** — relevant for consultants, engineers, and building managers who provide advice. **QBCC home warranty insurance** — applies to certain building work over prescribed thresholds, providing a warranty to the body corporate if the contractor fails to complete or rectify defective work. Ask for a certificate of currency (not just a policy number) and check the expiry date. Keep copies in the body corporate's records. This article is general information only and not legal advice.

For significant expenditure on common property maintenance or improvements, follow this process: 1. **Define the scope of work clearly** — get a building consultant or engineer to specify the work if it is complex 2. **Obtain at least 2–3 independent quotes** from qualified, licensed contractors 3. **Ensure all quotes are for the same scope** — you cannot compare quotes that cover different work 4. **Check each contractor's licence and insurance** before inviting them to quote 5. **Assess on value, not just price** — consider experience, references, programme, and warranty 6. **Present to the committee or general meeting** for approval before committing For spending that exceeds the committee's limit, the quotes and recommendation must go to a general meeting for owner approval. Document the entire process — if any owner later challenges the expenditure, records of the quote process demonstrate proper governance. This article is general information only and not legal advice.

Generally no. All lot owners have a right to use common property — it is collectively owned by all owners in the scheme. The committee cannot permanently exclude an individual owner from common property. However: **The body corporate can:** - Pass by-laws that regulate how common property is used (pool rules, noise restrictions, booking systems) - Restrict access to specific areas temporarily for safety or maintenance reasons - Exclude a person who is behaving dangerously or unlawfully **Court orders:** In extreme cases involving serious and ongoing misconduct, a court order restricting an owner's access to certain common areas may be obtained — but this is rare and requires a judicial process. The committee cannot impose such a restriction on its own authority. If you believe you are being unreasonably excluded from common property, contact the Commissioner's office. This article is general information only and not legal advice.

A body corporate (called an owners corporation in some other states) is the legal entity created automatically when land is subdivided into lots under the Body Corporate and Community Management Act 1997 (BCCM Act). Every owner of a lot in the scheme is automatically a member of the body corporate — you cannot opt out. The body corporate: - Collectively owns the common property (gardens, driveways, pools, external walls, roof) - Is responsible for managing and maintaining common property - Collects levies from owners to fund its operations - Makes decisions through its elected committee and at general meetings - Is a legal entity that can enter contracts, sue, and be sued Body corporates range from two-lot townhouse pairs to large residential towers with hundreds of lots. This article is general information only and not legal advice.

A body corporate manager is a licensed professional engaged under a management agreement to assist the committee with the administration of the scheme. Typical duties include: - Preparing and distributing meeting notices, agendas, and minutes - Collecting levies and following up arrears - Paying accounts and maintaining bank accounts - Maintaining financial records - Arranging insurance renewals - Managing correspondence with owners - Engaging and coordinating contractors Body corporate managers in Queensland must hold a licence under the Property Occupations Act 2014, issued by the Office of Fair Trading. Engaging a manager is not compulsory, but most schemes benefit significantly from professional administration. Self-managed schemes require committee members to take on substantial administrative workload and risk. This article is general information only and not legal advice.

A community titles scheme is the legal structure created when land is subdivided into lots and common property under the Body Corporate and Community Management Act 1997. Every body corporate scheme in Queensland is a community titles scheme. Each scheme has: - A unique registered number - A registered plan showing the physical boundaries of lots and common property - A community management statement setting out the by-laws and governance arrangements - A body corporate (the legal entity made up of all lot owners) "Community titles scheme" is the formal legal name — "body corporate scheme," "strata scheme," and "strata title" are all informal terms for the same thing. Schemes can be residential, commercial, industrial, or mixed-use. Townhouse complexes, apartment buildings, retail centres, and industrial estates can all be community titles schemes. This article is general information only and not legal advice.

Understanding this distinction is fundamental to body corporate ownership. **A lot** is the area of private ownership allocated to an individual owner — the interior of a unit, townhouse, or commercial tenancy. The lot owner is responsible for maintaining everything within the lot boundary. **Common property** is everything within the scheme boundaries that is not part of any individual lot. This typically includes: - Gardens, driveways, and car parks - External walls and roof - Pools, gyms, and shared facilities - Stairwells and corridors - Shared plumbing and electrical infrastructure The body corporate collectively owns and is responsible for maintaining common property. The boundary between a lot and common property is defined by the registered scheme plan. In most standard module schemes, the boundary is the inner surface of boundary walls, the upper surface of floors, and the under surface of ceilings. This article is general information only and not legal advice.

The Office of the Commissioner for Body Corporate and Community Management is a Queensland Government statutory body that administers the BCCM Act. Its key services include: **Dispute resolution:** - Free conciliation for disputes between owners, committees, and managers - Formal adjudication where an independent adjudicator makes a binding written decision **Information and education:** - Published guidance notes on common body corporate law issues - A phone and email enquiry service - Online resources for owners, committees, and managers **Oversight:** - Oversight of licensed body corporate managers The Commissioner's office does not act as an advocate for either side in a dispute. It is the recommended first contact for most body corporate problems before considering QCAT. This article is general information only and not legal advice.

Queensland body corporates are governed primarily by the Body Corporate and Community Management Act 1997 (BCCM Act). The BCCM Act is supplemented by one of five module regulations, which provide detailed rules for different types of schemes: - **Standard Module** — applies to most residential schemes - **Accommodation Module** — applies to schemes primarily used for short-term accommodation - **Commercial Module** — applies to non-residential commercial schemes - **Small Schemes Module** — applies to schemes of 6 lots or fewer - **Specified Two-lot Schemes Module** — applies to two-lot schemes that opt in The community management statement identifies which module applies to a particular scheme. The Act and the relevant module together govern everything from levy collection to dispute resolution. This article is general information only and not legal advice.