BODY CORPORATE

The role of the Body Corporate is to look after common property assets and to undertake actions as required by legislation. The Queensland Government notes that this extends to:                                                                           

• maintaining, managing and controlling the common property on behalf of owners    

• deciding the amounts to be paid by the owners to make sure that the Body Corporate can operate               

• making and enforcing its own rules called by-laws, which clarify to owners and residents what they can and cannot do 

• taking out insurance on behalf of owners, such as public risk insurance over common property and building insurance

• managing and controlling Body Corporate assets

• keeping records for Body Corporate, including Minutes of Meetings, a roll of owners details, financial accounts, and registers of assets, improvements to common property by owners, engagements and authorizations.

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               THE COMMITTEE

To meet their responsibilities the Body Corporate each year elects a committee, who will act on their behalf. This group of people is elected at an Annual General Meeting (AGM) and is responsible for the administration of the complex. The committee usually comprises around seven members, depending on how many lots the property has.

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All committee members are unpaid volunteers who give of their own time and expertise to ensure that The Montego Residences remains the wonderful place to live that it is today.

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No one Committee Member has more power than any others. All decisions made are Committee decisions not individual decisions.

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THE COMMITTEE IS IN CHARGE OF:

• the administrative day-to-day running of the Body Corporate

• making certain decisions on behalf of the Body Corporate, such as approvals, minor improvements and expenditure within the boundary of its authority

• putting the lawful decisions of the Body Corporate into place

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ENFORCEMENT OF BY-LAWS BY THE COMMITTEE

The Committee has a statutory obligation to do so under Queensland's Body Corporate and Community Management Act 1997 (BCCM).

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CONTACT WITH BODY CORPORATE COMMITTEE MEMBERS

Committee members have in the past received numerous phone calls, emails and personal contact from owners concerning various matters. Please remember that the Committee members are unpaid volunteers.

 

Montego Residences has paid entities (Strata Manager and Resident Manager, Mr. Grant Huston) who are paid by you to assist the Committee in these matters. The Body Corporate and Community Management Act 1997 is very particular in how a Body Corporate and Committee should process these matters. There are numerous legal and other processes that are to be followed to ensure that all parties are protected. The Committee Members do not have the full range of knowledge, expertise and experience to ensure that these are faithfully followed. Our Strata Manager advises us accordingly, 

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All applications, queries regarding by-laws, insurance, lot improvements, levies etc. should be directed to the relevant department in our Strata Manager as listed on our Contacts section of this website.

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Our Resident Manager, Mr. Grant Huston should  be contacted in regards to maintenance and grounds matters. All requests for maintenance should be on the Maintenance Request Form available on our Forms section of this website. 

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KEEP INFORMED OF BODY CORPORATE MATTERS

A very informative website for all owners is hyneslegal.com.au. Chris Irons, former commissioner for Body Corporates and Frank Higginson, lawyer, host weekly webinars.

Body Corporate laws are continually changing, and this website will keep you up to date with these changes.

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RESIDENTS RESPONSIBILITIES IN REGARDS TO PIGEON PROBLEMS

Recently the committee received a report from concerned residents regarding pigeons nesting beneath the decks of a few lakeside residences.

This problem has unfortunately been exacerbated by a few residents who have insisted on feeding the pigeons regardless of requests in recent newsletters that this should cease in the interests of all  residents’ health. 

The committee has been advised that pigeons are a pest and should be treated as such by the owners of each property affected in the same way that they deal with mice, rats, cockroaches and ants. It is therefore the responsibility of each owner to take the necessary action required to deal with these pests.

The area beneath each deck may be viewed by some owners as common property. It is however common property that is considered as being for an owner’s exclusive use in the same way as yards on the properties that are not lakeside.

Residents may deal with their pigeon problem by employing an appropriate pest control company when required.

Alternatively owners who wish to net the area beneath their decks will be required to submit a request for committee approval on the appropriate form which would include plans, specifications and materials to be used in the construction. The responsibility for maintenance of these nets would also rest with each owner. Likewise, any pest control measures such as placement of cages etc on roofs by pest companies would also need the approval of committee.