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  • in reply to: Use of common property for commercial purposes #48346
    OracleAnn
    Flatchatter

      I am a Qld resident.
      I was wanting an answer to this very question, so a timely post.

      I used to live in a building with a very good Gym, owner residents used the Gym and several had their personal trainer come to the Gym and supervise their workouts. I have no problem with that, assume the resident paid the Trainer.
      They did not use the Gym to train anyone who was not a resident and did not promote the service, however word of mouth within the complex, more residents used the trainers services for their individual needs.

      However I now live in a different building as an Owner, I have noticed a personal trainer on 3 occasions meeting people outside the building entrance and going to the Gym, not sure if this person is an Owner or Tenant in the building.

      However it would appear that he is bringing people that are not residents and training them in the Building Gym assume getting paid.

      I do not think this is right, as well as them making money using the Gym, there is also the issue of Insurance and Public Liability.

      If the person they are training is not a resident, they are putting the Body Corp at risk of a claim.
      Assume he would not have registered any personal Public Liability certificate of insurance to the BC.

      I would be interested in your comments, although I have my suspicions about what this person is doing, I was going to bring up at our next meeting for investigation.

      in reply to: Doing Without an Insurance Broker #40689
      OracleAnn
      Flatchatter

        Be sure to understand the difference between a  ‘Broker’ and an “Agent”, a Broker acts for the client, in this case the Body Corporate. The Agent is an Agent of the Insurance Company and represents them, the Agent can have an Agency agreement with several insurance companies. The Broker can have a Contract/agreement with the same Insurance companies.

        You should also check regarding the commission that is shown in the disclosure document, you should be able to negotiate with the Broker to have the commission rebated and the Broker will charge a fee for organising the insurance.

        This can reduce the cost as the rebated commission reduces the base premium.

        It is worth paying the Broker the fee/commission, they have the knowledge and expertise to assist, especially if there is a claim, and of course they are acting for you the BC and negotiating with the Insurer/underwriter on your behalf.

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