A body corporate is a legal entity which is created when land is subdivided and registered under the Land Titles Act 1994 to establish a community titles scheme. All of the owners in a community titles scheme are automatically members of the body corporate when they buy their lot.
Click here to read more from the BCCM Commissioner’s website.
By-Laws are a set of rules for a Community Titles Scheme that regulate a variety of matters including the keeping of animals and how Owners Lots appear from the common property. To alter the appearance of a Lot or to keep a pet, the Owner must first make application to the Body Corporate.
Altering the appearance of the Lot may include installing a shade sail or pergola, installing an air conditioner, erecting a sign and in the case of some buildings even what colour curtains/blinds you are allowed to hang in a window. If you are planning to make some changes to your Lot and it is going to affect the appearance of your Lot from the common area, then you should first check your By-Laws and then make an application to the Body Corporate for approval.
Click here to find a list of our most common request forms.
Administrative Fund Levies cover all recurring costs of the Body Corporate, such as insurance, minor repairs and maintenance costs, bank charges, legal and professional charges, administrative costs, cleaning and gardening, electricity and gas, audit fees etc.
Sinking Fund Levies cover all non-recurrent costs. e.g. major jobs such as driveway repairs, painting, fence replacement, large landscaping projects.
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The Body Corporate’s bank account is with the Macquarie Bank and we utilise the DEFT Payment System to provide our clients with an easy and accessible means of paying their levies. Numerous payment options are provided including BPay, internet, telephone, pay in person at Australia Post or send a cheque directly to DEFT with the payment slip.
Owners also have the option of making payments or set up a Direct Debit using StrataPay via the Owners Portal.
The type of survey plan registered for the building affects the Body Corporate’s responsibility to insure a building.
A scheme registered under a Building Format Plan requires the Body Corporate to organise appropriate Building and Public Liability cover for the whole scheme. Click here for further details of what is covered by Building cover.
In most cases, Owners of a Lot in a scheme registered under a Standard Format Plan will be required to organise their own Building and Public Liability insurance for their respective Lot. The Body Corporate is only required to ensure Building and Public Liability insurance is in place for common areas.
If you are not sure what plan your scheme is registered under or if you need to organise your own building and public liability insurance for your Lot please contact our office for further assistance.
- Public Liability of common areas
- Common property and Body Corporate assets (e.g. pool and fence); and
- Buildings in which lots (units) are located.
In summary, the Building section of the policy covers the building structure including both external and internal permanent fixtures (e.g. awnings, pergolas, built in wardrobes, kitchen cabinets, bathroom vanities, solar panels etc.). The damage must be caused as a result of a defined act or event.
A ‘defined act’ is usually an accidental or malicious event, storm, water damage or electrical fusion (i.e.motor burn out).
Please note: policies are not issued to cover damage resulting from gradual deterioration. Gradual deterioration and wear & tear are maintenance matters and should be attended to as such.
Owners need to organise their own Contents Cover and/or Landlords Cover for items that are not covered by the Body Corporate’s policy. These include (but are not limited to) floor coverings, light fittings, curtains, air conditioners and public liability for inside their units.
If your scheme is registered under a Standard Format Plan you may need to also organise your own building cover for your unit. If you are not sure please contact our office.
Owners should speak to their Insurance Broker to determine exactly what coverage they require.
If you have any further questions or you wish to lodge an insurance claim please send your email to [email protected]
First take into consideration the urgency of the matter. Is it life threatening? Will more damage be caused if it is not attended to quickly? Or is it something that can be attended to in the next week?
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If your matter is urgent then ring our office on 07 5438 4000 during office hours. For after hours attention please call:
- Plumber: Wurtulla Plumbing – 5491 6746
- Electrician: Coast Airlectrical – 0415 835 602
- Pumps: The Pump House – 5441 4644
- Roof Repairs: The Roof Top Maintenance Group – 0418 321 590
- Handy Man: Domain Maintenance – 0418 192 502
Please note: The above companies are service providers. They are not an associate of BCP Strata and we do not receive any form of commission or payment from them for using them as an after hours contact. BCP Strata will not accept any responsibility or liability for any reliance you have placed on their services and by submitting any maintenance inquiry to them you agree that you have sought your own advice and you will not hold BCP Strata liable for any cost, loss or other expense suffered by you as a result of relying upon their services. Also, if the maintenance matter is found to be isolated to your lot and is not a body corporate matter the cost to rectify will be your responsibility.
The dispute resolution process through the Office of the Commissioner for Body Corporate and Community Management is outlined at the following link: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/disputes
Firstly, to alleviate some fears, while every attempt at self resolution should be made, a dispute being escalated to / lodged with the Office of the Commissioner for Body Corporate and Community Management is not a terrible thing, and its certainly not something Bodies Corporate or Committee’s should fear.
All that it means, initially, is that the two parties (Owners, Committee, etc) will need to be involved in a conciliation session ( normally by teleconference) where they will try to reach an agreement.
Once an agreement is reached, both parties should then act in accordance with that agreement and everyone moves on.
If an agreement is not reached, or an agreement is reached but not adhered to, it will be referred to an adjudicator who will then make an order, following due consideration of the situation, submissions and the legislation.
This is not a bad or scary process, its simply a qualified third party making a determination in a situation where two parties can’t reach an agreement.