Where There is Smoke (Drift) There May Now Be Fire!

Where There is Smoke (Drift) There May Now Be Fire! Welcome to the 1ST edition of Activated for 2022 All at Active Law trust our readers had an enjoyable break over the holiday period. The [...]

Admin and Sinking Fund Investments

Admin and Sinking Fund Investments The current low interest rate environment is great ….. if you are a homeowner! It’s not so great if you are looking to invest money. A body corporate operates two [...]

Defects Assessment – The New Regime

Building defects are a constant issue for bodies corporate.  As well as bodies corporate having the obligation to maintain the common property, due to the recent legislative changes, Bodies corporate:  are now statutorily obliged to [...]

Getting defects rectified at no cost

Active Law specialises in providing advice to bodies corporate regarding not only the application and interpretation of the Body Corporate and Community Management Act, but also remedies available to bodies corporate under the Queensland Building [...]

Active Law – what else we do

Our expertise in Body Corporate Law is complemented by our ability to provide commercially effective advice, as well as practical strategies and solutions across the areas of:    Business Passionate about achieving the best commercial [...]

Termination of a Caretaking Agreement – A Goal for the Bodies Corporate

After years of what has been, quite obviously a one-sided match favouring caretakers, a body corporate has finally managed to put one past the keeper. In the recent QCAT decision of Zhou Lim Pty Ltd [...]

By By By-laws

With June done and dusted, I think it is fair to say that 2020 has not ‘gone to plan’. Regardless of what you had in mind for 2020, it is likely that the COVID-19 pandemic [...]

Levy Recovery – It is time to tighten up the ship!!

Lazy recovery processes should be a thing of the past. Based on some recent decisions, it appears the Courts are becoming increasingly reluctant to allow bodies corporate to recover levies, recovery costs and penalty interest [...]

Help for Small Businesses to Recover from COVID

Everyday we see the effects of COVID-19 restrictions on small businesses. While our team do what they can to help  local small businesses  survive the current COVID-19 restrictions and business downturn,  unfortunately some financial challenges [...]

Just for something a little bit different – some exciting news – Active Law is now the Preferred Legal Partner of ACS Queensland Branch

Active Law is pleased to announce that we have partnered with the Queensland branch of the Australian Computer Society (ACS) as their Preferred Legal Partner, providing their members with high-quality legal services. Our team will [...]

Unfamiliar Faces in EU Spaces

Exclusive use grants are a common source of dispute for bodies corporate. This is especially true for car spaces allocated under an exclusive use grant, where the terms of use are often ambiguous and/or neglected. [...]

Muddied Waters

The recent adjudication decision of Whitsunday Waters Resort [2020] QBCCMCmr 84 (“Whitsunday Waters”) has caused consternation in BoCo land. The decision has body corporate manager’s questioning the long-standing practice of a BCM accepting voting papers, [...]

Banning AirBnb and Short-Term Letting – A FALSE DAWN

You may have heard or read recently about a Body Corporate being successful in banning short-term letting.Many bodies corporate are for various reasons desirous of banning their owners from letting their lots through short-term letting [...]

Termination for Insolvency: Not so fast!

You hear on the grapevine that a company that your Body Corporate has contracted with is “going under”. Quickly pulling the dusty contract out of your bottom drawer you flick through to the termination clauses [...]

The Queensland Government’s care package to Bodies Corporate

Good news for bodies corporate! The Queensland Government has announced an extension to the compliance period for the next two (2) stages of its Safer Buildings Program. All bodies corporate comprising of a class 2 [...]

Body Corporate Law – Cladding Laws Change – Great News for Bodies Corporate! But perhaps a little too late…

The Queensland Government has today announced its proposal to completely ban combustible cladding on all new buildings constructed within Queensland following discussions held by the Ministerial Construction Council yesterday. The proposal will see new regulations [...]

Body Corporate Law – When bylaws Act up

We are often asked to review the bylaws applying to a community title scheme. Regularly, our review identifies bylaws dealing with matters that are covered by provisions of the Body Corporate and Community Management Act [...]

Body Corporate Dispute – A dispute with your Caretaker? So what are your options?

It seems to us that disputes between Bodies Corporate and Caretakers are on the rise. Without doubt there are Caretakers out there, that are simply refusing to perform their duties to the standard required by [...]

Body Corporate Law – Combustible Cladding: Don’t be Complacent – Is Cladding the Only Issue?

On 4 February 2019, in the early hours of the morning, a blaze started on the 22nd floor balcony of a Melbourne CBD apartment complex, supposedly caused by a discarded cigarette, which spread to the [...]

Body Corporate Law – Motion Sickness

It is not uncommon for us to be asked to consider the legalities of a motion being withdrawn before it is voted on.Not unsurprisingly, there is more than one school of thought (as there always [...]

QBCC Insurance – Is there anything in it for us??

This is a question commonly asked by Bodies Corporate suffering building defects and questioning the utility (or futility) of lodging a complaint with the Queensland Building and Construction Commission (“QBCC”). We recently published an article [...]

New Team Member – Mitchell Scott

Mitchell joins Active Law as an Associate to assist in our Body Corporate Disputes division. Mitchell comes from a boutique litigation firm where he gained knowledge and experience as a litigator various legal areas. Admitted [...]

Time to turn your clock back. New time limits on making complaints about defective building work

Although it can be like pulling teeth sometimes, a Body Corporate may ask the Queensland Building and Construction Commission (“QBCC”) to give a direction to rectify to a building contractor for building work relating to [...]

Bodies Corporate – Having Building or Maintenance Work Carried out on Common Property?

BODY CORPORATES TAKE CARE - ITS NOT JUST AN INVOICE ANYMORE We acknowledge that construction can be quite a dull area (although our construction lawyers Paul and Emma might not agree) so we will try [...]

Body Corporate Law – Rules are Rules

As I always tell my children (not that they listen to me) ….rules are rules. Active Law was recently involved in a matter (Riverford [2018] QBCCMCmr 606 - which at the time of writing is [...]

Body Corporate – Oh to have Options

You will have all heard the saying – “the devil is in the detail”. Sometimes, the detail is a godsend for a body corporate. Take for example, the exercise of an option in management agreements. [...]

Body Corporate – We have the Power – Do You?

In recent times, we have been asked, on more than one occasion, whether a duly appointed attorney of an owner can attend a committee meeting. Interesting question! As a general rule, an attorney can do [...]

Body Corporate – A Tale of Two Proxies – Activated

Recently an interesting situation arose at a general meeting I was attending. A lot was owned by a separated couple. The husband appointed a proxy and the wife appointed a separate proxy. Both proxy’s turned [...]

Body Corporate Disputes – Body Corporate Pays the Price for Refusing Access – Activated

The court has recently hit a body corporate with costs after a telecom provider obtained an injunction against them for refusing to allow the provider access to the body corporate’s land (Satellite & Wireless Pty Ltd [...]

Body Corporate Law, It’s Not a One Man Band

It is apparent from a spate of recent matters across my desk that it is timely to remind committee members and owners generally that there is no one person in a body corporate vested with [...]

Body Corporate Law – Electric Vehicles May Shock Bodies Corporate

If today’s Nostradamus’ are to be believed, everyone will be driving electric vehicles (EV’s) in the foreseeable future. Certainly, the major car manufacturers are intent of including EV models in their product lines, with many [...]

QBCC Complaints Process & Insurance Scheme for Residential Apartment Complexes of 3 Storeys or Less

In our March 2017 edition of Activated (Activated – 14 March 2017) we spoke about the time limits that apply to making a complaint to the Queensland Building and Construction Commission (QBCC) in respect of [...]

Production of Bodies Corporate’s records – Fishing anyone?

How often do body corporate managers receive requests from lot owners asking them to send copies of all documents relating to….[insert topic here]. That then begs the question of whether the body corporate manager must [...]

Enforcing BCCM Conciliation Agreements – Are they worth the paper they are written on?

Are agreements reached in a BCCM Departmental Conciliation process binding on the parties and able to be enforced by one party against another? The simple answer is no!  For whatever reason and even though participation [...]

Body Corporate Identifying Building Defects – Getting a building defect report – is it worth the bother?

This is a question we are often asked. It is undoubtedly prudent to obtain a building defect report in order to understand the scope and cause of any defects (some which might not be apparent [...]

QBCC Defective Work Assistance

Introducing Paul In this Activated we would like to introduce you to our new team member, Paul Hick. Paul Hick – Construction Law Specialist Paul has joined us as a Specialist Construction Lawyer and can [...]

Bodies Corporate Predictions for 2017

Happy New Year Welcome to the first edition of Activated for 2017. Active Law welcomes 2 new lawyers to its team this year. Paul Hick is an experienced construction lawyer who looks forward to assisting [...]

Bodies Corporate Take Another Hit – Special Activated Edition

Bodies Corporate take another hit! All I can say is ….WOW! I have practiced exclusively in body corporate law since 1995. In those last 21 years I have acted predominately for bodies corporate. I have [...]

Gallery Vie Variations

DANGER WILL ROBINSON… Where your bodies corporate have caretaking and letting agreements in place and where those agreements are part of a financier’s security, then I expect you may have been approached by the manager [...]

The New Us!

Active Law Delivers Solutions For Bodies Corporate Welcome to the new Active Law! We have changed our name and our logo, but not our desire to continue to "deliver solutions" to your bodies corporate. You [...]

Body Corporate & Short-term Letting – Activated

As I always tell my children, we’re here for a good time, not a long time. A tenuous link I know, to an article about short term letting. Under the current Queensland law, a body [...]

Navigating Pro Forma Contracts – Active Law

It is a pro forma contract right? how bad can it be? Simple – pretty bad!!! We are often accused of criticising pro forma contracts such as the Master Builders pro forma. Such contracts are [...]

Is your finger on the “Pulse”?

What does "financially sound" mean in the contract of an assignment of management rights. Last month an Adjudicator made orders in the decision of Pulse CTS 40129 and TDCCT Pty Ltd. The case involved the reasonableness [...]

ATO & Income From Common Property

What you need to know: Some bodies corporate receive income from a lease or licence of their common property, such as to a telecoms carrier or a commercial tenant. But individual lot owners (and not the body corporate) [...]

Telco Tales: Part 2

Welcome to the first edition of Activated for 2016. We trust you had a restful end to 2015. Andrew and I look forward to working with you all again this year.Warm regards,Mark What to Consider When [...]

Common Property Problems – There’s a hole in my roof, Dear Liza, Dear Liza

Aside from finding a hole in one’s wine glass through which the contents have escaped, there is surely nothing worse than a hole in the roof above one’s lot which the Body Corporate is aware, but [...]

Telco Tales: Part One – What to Consider When Leasing Common Property To Telcos

We have assisted many bodies corporate in negotiating leases with telecommunications carriers who have approached them about installing mobile phone equipment or towers on the common property. In general, licensed carriers have rights (that is [...]

Committees – Wait You Must… Sometimes!  As I always tell my children… good things come to those who wait.

For Committees where the scheme is governed by the Standard Module... Wait You Must! Why am I telling Committees they must wait? Surely, as the executive arm of the Body Corporate, Committees can put into [...]

Terminating Management Agreements – What do you mean – I am being reasonable!

As I always tell my children – I am a reasonable man. Father’s are not obliged to act reasonably (they just do). Bodies corporate though are obliged to act reasonably. Section 94 of the Act [...]

3 Things To Watch Out For When Giving An Indemnity – Activated

What is an indemnity? In basic terms, an indemnity is an agreement to bear or reimburse the liability of another party. An indemnity is often used in commercial transactions to manage the financial liability of [...]

Body Corporate & Telco Powers – Responding to a Land Access and Activity Notice from a Telecommunications Carrier

Recent media articles have discussed PIPE Networks (PIPE)’s ongoing expansion of its telecommunications network by installing fibre-to-the-building (FTTB) broadband services in capital city areas, including in Brisbane’s CBD and Fortitude Valley precincts. In addition, NBN [...]