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[Flame Tree (Qld)]

I recently submitted to our Strata Manager 5 individual Form 1 forms complaining/requesting immediate addressing of horribly untidy exclusive use courtyards seen by most all other occupiers.

The next day the Chair issued a memo advising owners that the whole of hard surface common area floor space was to be gernied cleaned next week (including doing the offending courtyards at their cost as per bylaw requirement).

I’m thinking this was done so as to not execute delivery by the committee of the Form 1 forms to occupiers/owners. I am happy action is now happening but as part of the stated issue was untidiness of furniture not just hard surface mildew.

I want notices delivered so I have something to go on in future should they not comply again (where I would issue a Form 10 and proceed thereafter to act without further notice to them).

Must the committee still deliver,and I guess note in monthly meeting minutes as correspondence, these Form 1’s I have sent them via the Strata Manager?

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[Jimmy-T]

What are these Form 10s and Form 1s of which you speak?

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[Flame Tree (Qld)]

Hiya, in Qld the Form 1 is a bylaw breach notice as per the standard govt form and given direct or via the cimmittee to serve. The Form 10 is the continuing/on-going breach notice form that follows a Form 1 which tells miscreants that if the breach has still continued or may repeat again you can and will seek higher power action without notice to them. Such as magistrate action etc. To my original query, im not necessarily trusting that the Form 1 i submitted for the committee to action will get delivered to the Lot’s in breach and therefor affect the course of future events to correct a repeated breach going forward. Cheers, C.

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[Jimmy-T]

Flame Tree wrote:

Hiya, in Qld the Form 1 is a bylaw breach notice as per the standard govt form and given direct or via the cimmittee to serve.

When you say “delivered direct” do you mean the strata manager can send it, or the caretaker, or any ordinary owner (which sounds unlikely, but what do I know).

In any case, I would imagine that if you wanted this to go via the committee, they would have to have a meeting and that would be minuted somewhere.

Also, don’t you have to wait for the residents to respond to a Form 1 (or not) before you can send a Form 10?

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[Flame Tree (Qld)]

BCCM Form 1: Notice to body corporate of a contravention of a body corporate by-law. Given direct to occupier or stewarded via committee (if you request privacy or security i imagine). ‘I ask you to address it’.

BCCM Form 10: Notice of continuing contavention of a body corporate by-law. If you continue/repeat the contravention I may initiate action without notice to a magistrates court or seek adjutication. ‘I make you address it’.

Either form gets it underway.

 

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[Flame Tree (Qld)]

I’ve since read the Act myself again and I’ll write it up here for the benefit of other Qlders in the same situation. The BCCM Act mentions Chapter 6 Dispute Resolution and the application of that is found in the BCCM Regulation Module Sect 184 and 185 on page 168. Both can be googled. Essentially, as I see it, the body corporate committee must advise me of them delivering to the breacher their form’s version of what I sent them complaining. Sect 182 (3) and 183 (3) and do so within 14 days. The thing must be fixed or the culprit offender eventually faces a fine of 20 points (I think that’s about $1400). In my case with the clean up of the hard surface booked in to get underway soon, I think that may be the end of it as the untidy site appearance is likely to also then get addressed. Start again in a few months time if they still fail to comply with the original bylaw adherence I suspect. I hope that helps someone?

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