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Under the Regulation Modules in Queensland, there is a ‘relevant limit for major spending’. If the amount of money proposed to be spent by the body corporate is greater than the relevant limit, the body corporate or the person proposing the motion must obtain at least 2 quotes (except in limited circumstances). The default relevant limit is the lesser of $10,000 or $1,100 @ the number of lots. The body corporate ma approve a higher limit by ordinary resolution at a general meeting.
So at your scheme the limit is $10k unless a higher limit has been adopted (because $1100 @ 24 > $10k). This means that the motion to spend $21k to appoint a maintenance coordinator should include at least 2 quotes.
See the Standard Module section 152.
You can also contact the Queensland Body Corporate Commissioner’s office for free advice over the telephone.
Queensland is taking on this issue. Oh and parking, pets, overcrowding, recovery of unpaid levies and scheme termination. You know, just the easy topics.
While there seems to be some fun being had in this thread (and why not?) this can be a deadly serious issue. Fair to say, for some people, smoking is a drag.
But in all seriousness, in Queensland, the Body Corporate Legislation provides that a person must not use their lot or common property in a way that causes a nusiance or hazard or that interferes unreasonably with the use or enjoyment of another lot included in the scheme (BBCMA s 167).
However, the line between ‘inconveinence’ and unreasonable interference can be difficult. The QCAT has determined that to amount to a nuisance (as a matter of law), the cigarette smoke emanating from the adjacent lot must be ‘of such volume or frequency that it would interfere unreasonably with the life of another lot owner of ordinary sensitivity.’
Is smelling smoke an unreasonable interference? Depends, how often does it happen? How much smoke is actually entering the lot (is there any way to objectively measure this?) Is it always coming from the same source? Are you jsut hyper-sensitive to it?
Smelling smoke isn’t the same as breathing smoke. People have a right to smoke and the body corporate cannot prohibit this.
(I’m not saying I agree, I’m just saying this is the position at law in Queensland).
NigelOz
From the Queensland context, here is a case that may be useful.
this link to a brief overview https://www.piperalderman.com.au/__files/f/5350/Nobbys%20Outlook%20Update%20v2%201213.pdf
and this link to the case
https://www.sclqld.org.au/caselaw/QDC/2013/301
These lot owners recently put the entire scheme on the market for $30 million.