Compliant Isn’t the Same as Ethical: Strata Managers and Commissions
Content An article by Michael Kleinschmidt, a Partner of our Queensland office. — After the bombshell of the 7:30 Report into Netstrata last week, most of the sector has jumped into the trenches, wary of what is coming next. There are however already a few heads poking up above the parapets, including notably a few very […]
Q&A Initiating action quickly when faced with an urgent issue
Question Question: What specific steps can a council legally take to initiate action quickly when faced with an urgent issue, and what are the potential risks of using these expedited procedures instead of the standard process? Answer Answer: Get your fellow lot owners and council members to take action and make decisions. The body of […]
The Grove… finally cut down to size.
Content Back in 2021 Queenslanders were blessed with the decision in The Body Corporate for The Grove CTS9356 v Comerford [2019] QCATA 172. I say ‘blessed’, of course, with my tongue firmly in my cheek. ‘Common’ wisdom, after the Grove, was that any payment made to a Body Corporate was not recoverable from that Body Corporate if the payment was […]
Re-Establishing a Body Corporate
After 7 glorious years of harmonious community titles scheme living, you decide to sell your unit. You are sad to leave your two-storey walk-up, and the five neighbours you now call friends. Your ‘meetings’ have been quick chats around a BBQ, or over an afternoon cuppa. You handled the insurance, Bob (the retired builder) from […]
Webinar: Proper authority to commence litigation in strata
Content Are you confident your body corporate has the proper authority to commence litigation? Join Queensland Partner and leading strata law expert, Michael Kleinschmidt, as he outlines the key steps to correctly authorise property litigation. This webinar, hosted by Nikki Jovicic from LookUpStrata, was presented live on 1 May 2025. Watch the recording below. In this […]
How do I get approval to install a car stacker in my car space?
Question Question: What is the approval process for an owner to install a car stacker? Does the $3,000 limit also include engineering reports, any required council approval, and updates to the title or Community Management Statement (CMS)? A resident in our building has approval from the body corporate to install a car stacker in one of their […]
Developer hit with largest ever fine under Queensland Strata Law
Introduction Introduction On 31 January this year, the highest Court in Queensland upheld the largest ever fine imposed for a breach of the State’s strata law. The developer Corella Rd Dev Pty Ltd was ordered to pay a fine of $125,000 plus $115,000 in costs. The maximum available fine for the second most serious offence under the Body Corporate and Community Management Act 1997 was $232,200. Corella’s […]
Queensland Property Developer Fined $125,000 for Breach of Body Corporate and Community Management Act 1997
Content On Tuesday 5th December 2023, in the Gympie Magistrates Court, the owner of the final stage of a local townhouse development, Corella Rd Dev Pty Ltd, was slapped with a hefty $125,000 fine for breaching section 29 of the Body Corporate and Community Management Act 1997. This verdict comes after the developer was found […]
Evaluating the Need for Updates to the QLD Solar in Strata Webinar Following 2022 Amendments to the Building Act
Question Question: Does the QLD Solar in Strata Webinar with Stratum Legal need an update? In June 2022, an amendment to the Queensland Build ACT 1975 binds the body corporate and any by-laws it passes. Answer Answer: Section 246Q remained unchanged until 2022, when a minor change was made to the section title, along with two major […]
Webinar: A Fair Future for Strata
Content Hosted by Nikki Jovicic from LookUpStrata, this engaging session brought together leading industry experts to tackle critical questions shaping the strata sector: Is the “price-per-lot” model sustainable, or do we need innovative pricing structures? Should insurance commissions be eliminated for the industry’s benefit? How can strata managers better communicate their value to owners and […]
Ensuring Compliance and Fair Decision-Making for Stair Repairs in a Townhouse Complex
Content Question: How can I ensure that all owners in our townhouse complex consider the potential consequences of unsuitable stair repairs, especially when only a limited number of units are directly affected by the loss of access? I live in a two-story townhouse complex with eight units in Far North Queensland. My unit and one […]
A patio pandora’s box of issues
Question Question: The selling agent approved two patios in our new building when they were the only committee member. The patios are now causing a nuisance to other lots. Was the decision legal, and who is responsible for any rectification? I In our one-year-old building, two apartments had patios added to their outdoor living areas. […]