Flat Chat Strata Forum Common Property Current Page

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  • #39262
    Philip Williams
    Flatchatter

      Has anyone dealt with repeated encroachments of on-title grounds by Bodies Corporate with no compensation offered?

      This happens so commonly where a ground floor unit’s on-title space is used as a launching/landing pad for upper floor glass cleaning & regular building maintenance & re-coats & balustrade repairs etc.

      In Qld the BCCM act allows for differential contributions on the basis of facilities that are provided for some but not for others however does not recognize the problem where all other units are using & depreciating the enjoyment of the encroached unit.

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    • #39347
      Jimmy-T
      Keymaster

        I’ve had a quick scan of Qld strata law and I can’t findthe clauses I expected, meaning the Body Corporate can enter lot property to undertake work – but that doesn’t mean they’re not there.

        In other states, theses clauses exist, but that doesn’t mean they have the right to just wander in and set up their gear.  They need your permission and if you refuse, they have to get orders from the state tribunal.  I would be surprised if something like this didn’t exist in QLD.

        Assuming for a moment it did,  you could talk to your management and tell them that they are going to have to come up with some sort of compensation or you are going to block access every time they want to use your lot and they will have to seek orders at QCAT.

        What form that compensation might take is up to you – but it should also be allied to strict time limits or you might find ladders and scaffolding parked there permanently.

        Meanwhile, I suggest you contact the Unit Owners Association Queensland and/or the state government’s advice page HERE  if only to find out exactly what your rights are.

         

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #39398
        Flame Tree (Qld)
        Flatchatter

          Call the Qld Office of the Commissioner for Body Corporate and Community Management on 1800 060 119 (freecall).

          Leave a message, they will call you back and point you to the correct part of the legislation. Their general only advice will get you headed in the right direction re this.

          I’m unsure on your right to any compensation unless it’s already agreed but think you will at least require advance notice of anyone required to come onto your space for the benefit of other Lot owners.

          #39416
          Sir Humphrey
          Strataguru

            If you were in the ACT, the OC has the right to enter your unit area only to undertake repair and maintenance of the common property (and a few other specified circumstances) at a reasonable time after giving reasonable notice (in one part of the Act) or written and 7 days (in another part of the Act). I would be surprised if Qld does not have some similar provision – a right to enter balanced by a requirement for reasonable times and notice.

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