[Flame Tree (Qld)]

Hi, just be careful that any unpaid portion of an account from the body corporate manager on behalf of your body corporate may make you ‘unfinancial’ and therefor not entitled to any levy discount for any on-time payments (if you have such a scheme in-place), and exclude you from voting at any forthcoming AGM meeting.

[Flame Tree (Qld)]

Humphrey, the problem with that is it’s not considered an acceptable use of owner’s funds by the Qld commissioner and would likely fall over on challenge even if included in the budget. So any reward offered need come from an additional whip-around. Which makes sense I guess as those who want to can, and those who don’t, won’t thank their volunteers in this way.

Personally, I’m aware of 3 different approaches: one where the manager on behalf of the committee does such a good job the owners send them away for a lavish dinner or weekend away, one where we never need engage with the committee or manager as they do such a great job and probably wouldn’t take a reward more than a pleasant thank you, and lastly, where the committee thank themselves as no one else will!

[Flame Tree (Qld)]

The trouble is 1) it’s illegal and you won’t last adjudication, 2) jealousy of some will create a hornet’s nest as to what payees are expected to do, no matter how much the good ones actually do, 3) the go-hard-then-go-home of volunteerism should stand so get the proper motives to work and when they have done their job move on, 4) you can imagine the arguments on what the form and rate should be between those who want a mint and those who’ll pay a pittance, and 5) would encourage some folks on the tet to hang around, which denies committee refreshment and newbies the chance to learn the ropes.

As is, in Qld, any folks on the committee are not permitted to do any professional services and be paid for it, which can seem unfair and misses a chance of good value, conscientious work, but that’s where the law stands at present.

[Flame Tree (Qld)]

Nice to hear you got your pro-active outcome! As for keeping on the front foot with these matters I remember what a nightclub bouncer told me he does to ensure action and help manage the process: He suggests the ATM approach. ‘Ask them, Tell them, Make them’. Starting friendly and seeking collaboration then becoming a little firmer the further you must go. I’ve applied it since and found it worthwhile. All the best.

[Flame Tree (Qld)]

“If that’s the case, why aren’t the BCC adjudicating in your favour? I’d have thought you’d have gone to them with this rather that the local constabulary (who, quite rightly IMHO) have decided to stay well out of it.”

Well, it’s kinda not that hard… they likely will (as they don’t usually contradict themself on straight forward matters, and as inferred/discussed with the Commissioner’s office), and being a recent event I haven’t gone that way yet, and along similar lines as your final para: I’m considering the longer play for all of us here, not just my side of things.

As for the cops, there was a real chance of a major blow up and they have an interest in keeping the peace so told me previously they don’t mind involvement if possibly needed even though it is still a civil matter. They were genuinely interesting in the storyline. A recorded incident number also let’s folk know they were actually interested enough should they need attend again.

[Flame Tree (Qld)]

Thanks for your comment Quirky. Unfortunately, I’ll disagree with you completely. Seems the Queensland Body Corporate Commissioner’s ACT and adjudication rulings differ to your suggestions, and assumptions also. Some things are very clear, such as what is common property and service, and what remains the individual owner responsibility. There are no shared costs as owner’s pay into a general fund for somethings that benefit all and that’s it. The committee can offer to facilitate additional services to individual lot owners but owners must, by law, pay for these themself or if paid by general funds have an agreement in place to get the money back.

[Flame Tree (Qld)]

Just an update on the nonsense. The committee did what they said they would do – dud some non-participating owners by spending general funds on their own, and others, in-lot pest control, and I did what I said I would do – involve the local cop shop who were all ears. They wouldn’t attend but did make a report should things go pear-shaped in future.

Probably the most obvious factor, and the most concerning, was to recognize the Strata Manager is firmly behind the committee regardless, knowing it is they that will recommend their on-going appointment and pay cheque. It’s very poor form on the Strata’s part, full-well knowing they were endorsing or not correcting the committee’s unlawful practice, and I can now recognize that form on other prior issues here. On the chance it was a naïve manager I did write to the Strata owner but he has also refused to address these serious issues by any response.

It’s all a bit rotten and I’m wondering where I should go with this. It’s sketchy as, and has undermined faith in working with the Strata manager or the company in future, and makes you wonder what else has been going on?

[Flame Tree (Qld)]

As noted in another post, my committee is about to knowingly mis-use thousands of dollars of owner’s funds for in-lot pest control to some units (though not all) when the annual common areas pest control is done. They’ve been told this is unlawful yet intend to proceed. The Strata Manager refuses to intervene. The thought of using my money inside committee members lots really grates me. I’ve said a number of times in writing that I intend to seek police to attend to halt this civil matter should the contractor service private residences without a cost recovery agreement in place with owners.

Can anyone suggest another way, such as warning off the pest controller beforehand, or threatening the contract of the property services guy who organized him at the request of the committee. And if anyone has bothered with an pre-emptive legal approach such as an injunction would you recommend that?

[Flame Tree (Qld)]

You’d think they would take my complaint seriously, but no, one of Brisbane’s more prominent Strata Manger’s has not bothered to respond more than a week after receiving this serious complaint. It will hardly help their cause come next AGM when seeking re-appointment.

[Flame Tree (Qld)]

Hi Jimmy, yes correct. My proviso was inferred in my introductory words ‘You likely have appointed a Strata Manager…’ and therefor: if not, you are on your own. Of course, having a Strata Manager doesn’t absolve you of the roles a committee member/s has volunteered to understand, and undertake. Thanks.

[Flame Tree (Qld)]

You likely have appointed a Strata Manager who will do most of this stuff for you – usually they will handle the Secretary, Chairman, and Treasurer roles and issue levy notices, help set the budgets, deal with prickly owner issues and other what-not that you pay them to do. They should also be advising you on things you are unsure of.

As a volunteer in a service role you take on general decision making for the benefit of other owners. And that requires you to have an understanding of your state’s Act to help guide you. You definitely can’t just do what you choice on a whim if it goes against the related law and if another owner challenges your decisions on some aspect with authorities you are unlikely to be held personally liable but you can be over-ruled.

[Flame Tree (Qld)]

I’ve emailed our guy to outline my concerns and am awaiting a response. When you’ve got a bit of a lazy or dodgy committee: I’ll give a little to the live and let live approach so long as the job gets done. But where too many issues are getting through it seems fair for affected owners to raise their voice and seek to right the ship on this and create future, better precedents. And when it comes to communal funds Qld law is pretty specific to not spend my money inside other committee members apartments. I’d dare to suggest despite professional responsibility Strata Managers know what side their bread is buttered on so are happy to say nothing nor create work for themselves fearing to do so too loud or often might encourage the committee to find another more complacent. Thanks for your thoughts.

[Flame Tree (Qld)]

That would qualify as nuisance. And not tolerable if deemed beyond reasonable. Have you mentioned it to the owner and think they are safe and sane to hopefully address it, maybe with your help, by trying some possible fix/padded tape or whatnot? It’s not always possible but worth trying to first address it yourself if you hadn’t thought to do such. Most folks are reasonable, and should be treated as such, until proven otherwise. Then you can escalate it. But anyways, first things first and let’s hope it gets sorted for you.

[Flame Tree (Qld)]

OP here. I’ve recently spoken to the Commissioner’s Office. It seems I’m generally right, that the first-things-first process will usually be required by direct participants, but there are some instances where other representatives can be involved and the usual process skipped. Lawyering up may or may not be money well spent in the initial stages if representation won’t be allowed first up. Google ‘Practice Directions of BCCM Queensland’ for the ‘information on the procedures and content for dispute resolution applications lodged with the Office of the Commissioner for Body Corporate and Community Management.’ Cheers, C.

[Flame Tree (Qld)]

This becomes an even greater horror when it comes to human blood dripped across a hallway after someone jammed their thumb in their door. If that person won’t, as you would hope they might, it unfortunately comes down to and within your cleaner’s general duties.

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