ministration Agreement

Asbestos Report
Fire Safety Report/Certificate
Building Valuation Report
Engineers/Building Reports etc
Pest /Termite Inspection Report
Pool Compliance Certificate
Levy Statement
Roll
Financials
Certificate of Classification
Insurance
Caretaking Agreement
Letting Agreement
Deed of Assignment
Deed of Variation
Registers (Asset, Contracts, Authorisations, Asbestos and Restricted Issues Registers)
Correspondence
This report in its entirety was compiled by Sun City Legal Services. It is a fair and reasonable overview of the affairs of the body corporate
at the time
of inspection as contained in the records provided for our inspection for the preceding period of up to five years.
Information contained in this report was obtained by carrying out an inspection of the body corporate records made available under
Section 205 of
the BCCM Act. In addition, any discussions with the Secretary and/or managing agent (where relevant) are included, however, the
Secretary or
managing agent are not obliged to provide verbal advice nor assist in the preparation of this report.
GENERAL INFORMATION
FORM 8 - Notice updating Owner details on Body Corporate Roll.
Until a BUYER lodges a BCCM Form 8 with the body corporate manager, the SELLER still be recorded as the owner of the lot.
All levy notifications will be still be sent to the SELLER including all notices of contribution (levies). You could potentially lose any discount
applied to
the levies if the Form 8 is not lodged immediately after settlement. A BUYER would also not be able to vote at any meeting until this Form
8 is
recorded on the Body Corporate records. As part of the settlement process, we recommend that you ensure that your Solicitor or
Conveyancer has
arranged for a signed BCCM Form 8 to be sent to the to the body corporate manager within one month of settlement.
If the BUYER is a Company – The FORM 8 will need to have the name of the Company Nominee noted so that the Nominee will have the
ability to
vote at meetings.
‘Form 8' for Change of Information on Body Corporate Roll use this form to notify the Body Corporate Manager of a change of ownership
details of a
Lot, or change to Company Nominee details
https://www.publications.qld.gov.au/dataset/body-corporate-records/resource/ef007110-f0c6-4092-822f-75e0d56c55ab
Special Levies
Please note - a Body Corporate may resolve any time at a general meeting to raise a special levy, if there is a shortfall in funds required
for a project.
Special levies are raised by way of lot entitlement. It is not always evident from the records if a special levy may be forthcoming in the
near future. As
a physical inspection of the building, grounds or the subject lot has NOT been carried out by Sun City Legal Services, we highly
recommend a building
and pest inspection report be commissioned by the Buyer to ascertain the overall condition of the complex, compared to current funds on
hand. A
building and pest inspection report may assist by providing details of any unknown defects in the common property or the subject lot.
Sinking Fund Forecast
Legislation provides that a Body Corporate must have a Sinking Fund Budget Forecast undertaken for a 9 year period. These reports are
generally
for a period of ten years, although it is recommended that the reports are updated every two years to allow for the increase in costs. This
maintenance
plan is for either new or existing developments. The Report will provide owners with a schedule that realistically presents guidance on the
future
replacement cost implications of each property. The Report presents in detail, a breakdown of replacement items, their costs and average
replacement
cycles, a recommended expenditure program to assist in managing future outlays from the fund and a schedule of annual contributions to
the fund
for each property owner, calculated by contribution based on lot entitlement.
Workplace Health & Safety Report
The common property is included in the definition of a workplace. This means that the Body Corporate, its executive and Body Corporate
Managers,
are obliged to ensure that the property complies with the “safe workplace” requirements of the legislation. Section 7 of the Work Health
and Safety
Regulation 2011 excludes most strata title bodies corporate from being a 'person conducting a business or undertaking' under the Work
Health and
Safety Act 2011. Unless a strata title body corporate for a residential unit/townhouse complex engages a worker as an employee
(employee being
the key term) they are not a 'person conducting a business or undertaking', and therefore the asbestos register requirement under the
WHS Regulation
2011 does not apply. If a strata title body corporate is excluded from being regarded as a 'person conducting a business or undertaking',
then the
strata title body corporate cannot be regarded as a person with management or control of a workplace under the WHS Regulation 2011.
Although
there is a certain duty of care to maintain the common property that should be considered when determining if the body corporate is
excluded.
https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2011-0240
https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws
Asbestos Legislation
An asbestos register is not required if the building was constructed after 31 December 1989 and no asbestos has been identified at the
workplace
and asbestos is not likely to be present.
Section 7 of the Work Health and Safety Regulation 2011 excludes most strata title bodies corporate from being a 'person conducting a
business or
undertaking' under the Work Health and Safety Act 2011. Unless a strata title body corporate for a residential unit/townhouse complex
engages a
worker as an employee (employee being the key term) they are not a 'person conducting a business or undertaking', and therefore the
asbestos
register requirement under the WHS Regulation 2011 does not apply. If a strata title body corporate is excluded from being regarded as a
'person
conducting a business or undertaking', then the strata title body corporate cannot be regarded as a person with management or control of
a workplace
under the WHS Regulation 2011.
View more information about strata title bodies corporate on the Apartment owner occupiers and bodies corporate web page
https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws
Community Management Statement (CMS)
The CMS is a document which identifies scheme land and complies with the requirements of the BCCM Act. Particulars recorded in a
CMS include
the Body Corporate name, Lot Entitlements Schedule and By-laws.
The Lot entitlements
Lot entitlements are used for a number of purposes, but they are mostly used to divide body corporate expenses among lot owners. The
following is
a more specific outline of the purposes of lot entitlements.
The contribution schedule lot entitlements are used to calculate a lot owner’s share of most Body Corporate expenses.
However, the BCCM Act or regulations may provide that particular expenses, such as building insurance premiums, are divided amongst
the owners
in a different way, and the value of a lot owner’s vote when voting on an ordinary resolution if a ‘poll’ is called for.
The interest schedule lot entitlements are used to calculate:
Each lot owner’s share of the common property and Body Corporate assets if the scheme is terminated (a scheme could be terminated if
all the
owners of lots in a scheme agreed to dispose of the scheme for the purposes of redevelopment)
The CMS identifies the regulation module of the scheme and references the relevant act (BCCM or BUGTA) for any exclusions or by-
laws.
Each CMS is identified by the number of the CTS to which it refers and also by a unique dealing number. The CMS dealing number is
recorded on
all indefeasible titles for lots in the scheme including the title for the common property.
Properties that are registered as Community Titles Schemes (CTS) are either registered under either a Building Format Plan
(formerly
known as Building Units Plan) or a Standard Format Plan (formerly known as Group Titles Plan).
A Building Format Plan (BFP) is a type of subdivision that usually occurs within a building. The survey plans under a BFP defines the
boundaries
between common property and lots using the structural elements of a building; floors, walls and ceilings.
Maintenance Responsibilities under a BFP
Body Corporate Responsibilities:
Outside of the building including; exterior doors, windows and balcony railings on the boundary of the lot.
Gardens and Lawns on common property
Foundations of the building
Roofing Structures, roofing membranes that provide protection for lots and common property
Essential supporting framework, including load bearing walls
Doors, windows and their fittings located in boundary walls and garage doors and their respective fittings.
It has additionally been determined that waterproofing membranes on balconies are Body Corporate responsibility.
Lot Owner Maintenance Responsibilities under a BFP:
Door and Windows that lead onto a balcony that forms part of the lot;
Kitchen, bathroom and bedroom cupboards;
Sinks, dishwashers, garage disposal units, shower screens and shower trays.
Fittings and fixtures installed by the lot owner for their own use
Areas whereby the lot owner has exclusive use to a part of common property or asset of the Body Corporate.
A Standard Format Plan (SFP) defines the boundaries of common property and the lots horizontally with reference to markings on the
ground.
Schemes that include townhouses, villas are usually registered under a SFP. The maintenance responsibilities between Bodies Corporate
and
individual lot owners are defined in relation to the type of survey plan they are registered under.
Maintenance Responsibilities under SFP
Body Corporate Responsibilities:
Common Property including; roads and gardens
Elements of utility infrastructure that are common property; water pipes or cables that service more than one lot
Guttering and downpipes which span across more than one lot
Television antenna that services two more lots
Lot Owner Responsibilities under an SFP:
Water pipes and cables located within a lot boundary and services their lot only
Guttering and downpipes servicing within a lot boundary and services their lot only
Their lot including; gardens and lawns within the lot boundary
Their building including; painting, exterior walls, doors, windows and roof
Building foundations and roof to the extent of being within their lot boundary
Painting – Responsibility under an SFP
Under a SFP plan the Body Corporate and Community Management Act specifically provides that lots and consequently the buildings on
the lots are
the individual lot owner's responsibility to maintain. The Body Corporate cannot budget for painting in their sinking funds, raise levies for
painting or
pass by-laws or motions to enforce painting to become a Body Corporate expense. A lot owner is required to maintain their lot in a clean
and tidy
condition. Therefore it could be determined by failing to carry out painting adequately that the lot owner has failed to maintain their lot.
However a Body Corporate can offer to supply a service by way of entering into a contract with individual lot owners in regard to
maintenance.
Cladding Compliance
From 1st October 2018, the Queensland Government introduced new laws to tackle the issue of combustible cladding on residential and
commercial
buildings. The new laws place an onus on building owners to undertake investigations on the cladding and register their buildings with the
Queensland
Building and Construction Commission.
This affects all Class 2 to 9 buildings that were approved after the 1st January 1994 that are of Type A or Type B construction.
If you are unsure of the classification of your scheme you can check this HERE: Classification Summary of Buildings and
Structures
The Professional Certification Group has the experience and expertise to assist and guide you to comply with new combustible cladding
laws by
helping you register, identify, sample, test and prepare fire engineering safety reports.
Key Dates –
1 October 2018 The Legislation comes into effect
29 March 2019 Register buildings and complete checklist part 1
31 July 2019 Complete checklist part 2 (Building Professional Statement)
31 October 2019 Engage Fire Engineer and Register their details – part 3
3 May 2021 Deadline to submit building fire safety risk assessment (part 3) without penalty
1 September 2021 Regulation 2006 has been updated for 2021. The Building Regulation 2021 continues the Part 4A obligations
for building owners to complete the combustible cladding checklist.
Refer to the check list Reference Guide The Combustible Cladding Checklist Reference Guide
New Queensland Smoke Alarm Legislation
From the 1st of January 2017 in Queensland for building applications for new dwellings and substantial renovations to residential buildings
(Class 1a
and Class 2), smoke alarms are to be installed in all bedrooms and areas between bedrooms and living areas.
Dwellings being SOLD, LEASED, OR WHEN A LEASE IS RENEWED must comply with the legislation by 1 January 2022. Refer to
attached link for
details on your requirements: https://www.qfes.qld.gov.au/prepare/fire/smoke-alarms
LINKS FOR FURTHER INFORMATION
Body Corporate Commissioner including; Adjudicators Decisions, BCCM Dispute Resolution Service, On Line Training, BCCM Forms
&
Information Service http://www.justice.qld.gov.au/justice-services/body-corporate-and-community-management
Body Corporate & Community Management Act - https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpA97.pdf
Regulation 2008 - https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpR08.pdf
Regulation 2008 – Standard Module https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpStR08.pdf
Regulation 2008 – Accommodation Module https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpAcMR08.pdf
Regulation 2008 – Small Schemes Module https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpSmSMR08.pdf
Regulation 2008 – Commercial Module https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpCoR08.pdf
Strata Community Australia is the peak industry body for Body Corporate & Community Title Management in Queensland
http://qld.stratacommunity.org.au/
The Neighbourhood Disputes Resolution Act 2011 (the Act) commenced on 1 November 2011. The Act provides more effective
remedies for
neighbours to help resolve disputes about dividing fences and trees. It also gives jurisdiction to the Queensland Civil and Administrative
Tribunal
(QCAT) to deal with these matters. Please click the highlighted links for further information.
For all queries in relation to this report please contact the Sun City Legal Services.
Phone: (07) 5458 6878
Fax: (07) 3036 5553
Email: helpdesk@scls.com.au
Web: www.scls.com.au