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13th episode of the Let's Talk Strata podcast is available now

5/28/2019

Best practice and tips on managing By-law disputes

A detailed discussion on the challenges of managing common disputes in strata with Chris Irons, Body Corporate Commissioner for Queensland

In the 13th Episode of Let’s Talk Strata, the second interview with the Body Corporate Commissioner for Queensland, Chris Irons, comes back again to further elaborate on common disputes that occur on a daily basis in a Community Titles Scheme. Topics covered include discussion on:

Recap on statutory limitation periods for Body Corporate debt recovery and a review of the recent Court of Appeal case of Body Corporate for Mount Saint John Industrial Park Community Title Scheme 18632 v Superior Stairs & Joinery Pty Ltd [2018] QCA 173. Chris discusses the statutory requirements and processes involved in recovery such as payment plans against the backdrop of the Body Corporate’s requirement raise necessary funds, and to act reasonably in the process; Jump to episode
Chris talks about the need for Committees and lot owners alike to seek to resolve underlying issues that might be the precursor to disputes precipitating later – Where Chris talks about the need to “cleanse the well”;
Short term letting and a review of the QCAT Case Body Corporate for Hilton Park CTS 27490 v Robertson [2018] QCATA 168; Jump to episode
Prescribed process for addressing by-law breaches and the need to properly evidence a breach before taking action; Jump to episode
Other breaches are explored in the context of Adjudication decisions and other decisions– parking, visitor parking, noise, hard flooring, smoking, towing;
Smoking nuisances and the difficulties in establishing breach and sufficient evidence of nuisance (Norbury v. Hogan [2010] QCATA 027); Jump to episode
Towing and best practice for a Body Corporate considering this course of action; Jump to episode
Best practice tips to managing disputes generally, requirements for reasonableness in decisions of the body corporate, and no-go zones for the body corporate to be mindful of when managing disputes; Jump to episode
The role of Conciliation and Adjudication in finding resolution;
Chris discusses the BCCM Commissioner’s Office and collaborative initiatives with other Government and non-Government agencies to address common issues in strata;
Preventative dispute resolution steps prior to making Conciliation and Adjudication applications, and the need to understanding the underlying issues to a dispute and “narrowing the focus”. Jump to episode
Chris provides advice on accessing the Newsletter and webinars from the Commissioner’s Office in relation to the above issues, and a great many more.

Contact details:

Subscribe here to the Commissioner's office Newsletter, Common Ground:

https://www.qld.gov.au/bodycorporate

Contact the Commissioner’s office:

Phone: 1800 060 119
Website: https://www.qld.gov.au/bodycorporate

BCCM Webinar series:

https://publications.qld.gov.au/dataset/bccm-webinar-series

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12th episode of the Let's Talk Strata podcast is available now

5/14/2019

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The interaction between residential tenancies and bodies corporate, and how the RTA fits in

An informative discussion on the role of the RTA and managing strata tenancy matters with Lynn Smith, Senior Community Education Officer at Residential Tenancies Authority (RTA)

Lynn provides an overview of the RTA’s role and function in relation to tenancies in Queensland, and in particular, those tenancies occurring within a Body Corporate. Topics covered include discussion on:

An overview of RTA forms and what they are used for;
Role and scope of RTA:

RTA Conciliators;
RTA Investigation team.

What matters and parties the RTA can deal with and interaction with cross-jurisdictional matters;
Differences in dispute resolution pathways open for tenants and landlords and typical disputes that come to the RTA for dispute resolution, such as:

By-law disputes – the effect of Body Corporate by-laws in tenancy matters, and how the RTA assists its customers;
Managing damage to Common Property caused by tenants – a discussion on maintenance vs fair wear and tear;
Breach Notices.

Tips on applying for dispute resolution assistance with the RTA;
What happens if a matter is not resolved during RTA dispute resolution processes;
RTA penalty and enforcement processes for breaches of Queensland tenancy laws, such as unlawful entry, failure to lodge rental bonds with the RTA, failure to supply required RTA documentation;
Role of on-site managers in lodging the bond application;
Tips for landlords and tenants in better managing tenancy issues: communication, being informed of the rules and where to find them;
The review of residential tenancy legislation.

RTA contact details:

Tel: 1300 366 311
Email: rta@rta.qld.gov.au

RTA website:
www.rta.qld.gov.au

RTA News signup:
https://www.rta.qld.gov.au/News-to-your-inbox?b=842B83A1A55643508C318D7458526208

RTA Factsheets:
https://www.rta.qld.gov.au/Forms-and-publications/Fact-sheets

RTA Forms:
https://www.rta.qld.gov.au/Forms-and-publications/Forms

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13th episode of the Let's Talk Strata podcast is available now

Best practice and tips on managing By-law disputes

12th episode of the Let's Talk Strata podcast is available now

The interaction between residential tenancies and bodies corporate, and how the RTA fits in

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