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  • #58505
    pukoh
    Flatchatter

      Recently moved the QLD to a new small townhouse development. Lots of owners want to do works that require AGM approval. In NSW we are able to give committee powers do approve works without going to a general meeting. But we’ve been told in QLD the committee is only allowed to approve works up to $3000. We can’t even have a byLaw that grants a higher limit even if everyone wants it.

      Is our strata agents just lying to us so they can collect the $900 for every extra general meeting we hold? Or is the QLD strata laws just that rediculous.

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    • #58508
      Jimmy-T
      Keymaster

        Is our strata agents just lying to us so they can collect the $900 for every extra general meeting we hold? Or is the QLD strata laws just that rediculous.

        Have a look here at this Qld government web page;  the standard limit on works not requiring general meeting approval is $200 per unit.

        The relevant limit for committee spending (i.e. how much money a committee can spend) can be set by ordinary resolution of the body corporate (i.e. a motion voted on by the owners at a general meeting). There is no minimum or maximum limit that the body corporate can set.

        If no amount is set by a general meeting resolution the relevant limit is calculated by multiplying the number of lots in the scheme by $200.

        So, to save that $900 every time you want to approve repairs, just set a reasonably high limit at your next AGM. The $900 fee for running an AGM for 15  units seems a bit on the high side IMHO.  Do you really need them to be involved at all?

        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.
        #58509
        pukoh
        Flatchatter
        Chat-starter

          Hi Jimmy, thanks for the quick reply.

          We are 40 lots.

          The works I’m referring to is not for common property repairs or improvements.

          It’s for people that want to install solar panels or structural insect screens to their patios and are seeking approval from strata.

          Strata is saying the committee can not approve any lot improvements above $3000 and has to go to a general meeting.

          #58511
          Jimmy-T
          Keymaster

            Yeah, it seems like the information you have been given is partly correct but doesn’t apply to lot property

            According to this Qld government fact sheet, owners are not restricted in the value of improvements to lot property.

            Alterations to a lot

            The BCCM Act does not restrict the changes or improvements an owner can make to their own lot.

            If an owner wants to change their lot they should consider whether the change will affect common property.

            See body corporate maintenance for more information on lot boundaries.

            The lot owner should also see whether there are any by-laws that affect what change or improvements they can make.

            However, it’s true that you can’t make improvements to common property worth over $3000 without general meeting approval.

            Improvements by a lot owner

            An owner can make an improvement to common property if approved by the committee or the body corporate at a general meeting.

            The committee can approve an improvement by an owner if the:

            • total cost is less than $3,000
            • improvement does not detract from the appearance of a lot
            • body corporate is satisfied that the use and enjoyment of the improvement is not likely to be a breach of the owner’s duties as an occupier (e.g. by causing a nuisance to others in the scheme).

            If the committee cannot approve the work it must be authorised by ordinary resolution at a general meeting.

            The owner must:

            • comply with any conditions of approval

            and

            • maintain the improvement.

            When an improvement is made to the common property by a lot owner they must give the body corporate details of the type of work and value of the improvement.

            If the improvement increases the body corporate’s insurance premium, the owner may have to pay the extra.

            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.
            #58512
            pukoh
            Flatchatter
            Chat-starter

              Thanks! I guess the only way to get around this is to organise general meetings by ourselves to sidestep the $900 fee.

               

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