Body corporate disputes

Overview of the illegal phoenixing regime

The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Amending Act) came into force on 18 February 2020 and was designed to prevent illegal phoenixing activity.  The Amending Act introduced reforms such as creditor-defeating disposition provisions to combat phoenixing activity.  Additional provisions amending the Corporations Act 2001 (Cth) were aimed to encourage accountability by preventing the resignation of directors when there is no replacement director in place. [Read more…]

Review of QBCC decisions – Part 5

Under the Queensland Building and Construction Commission Act 1991 (the Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions such as but not limited to issuing to a builder a notice to rectify defective domestic building work.

The Act sets out processes that enable an aggrieved stakeholder to have a decision reviewed internally by QBCC, and / or if deemed appropriate, externally by the Queensland Civil and Administrative Tribunal (QCAT).

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Disputed body corporate debts

Many lot owners in community titles schemes will have on occasion, for one reason or other, missed making a contribution levy payment by the due date and thus lost the benefit of the payment discount.

Things can however get worse if the body corporate then institutes a body corporate debt recovery action. [Read more…]

Workplace Bullying by a Body Corporate

Section 789FA of the Fair Work Act 2009 (the FWA) enables a worker who has been bullied at work to apply to the Fair Work Commission (FWC) for an order to stop the bullying.  For the purposes of the FWA, reasonable management action taken in a reasonable way will not constitute workplace bullying.

A body corporate rarely directly employs workers.  Usually, an onsite care-taking service contractor is engaged (typically a company) to perform on-site duties such as grounds maintenance and the like, those duties normally being discharged by the company’s directors or employees engaged by the company. [Read more…]

Body Corporate Meetings – proxy votes vs voting using a power of attorney?

If a lot owner of a body corporate is unable to attend a general meeting, it is not unusual for them to in essence “give” their vote by way of proxy to another lot owner.  However there are restrictions on the circumstances in which a proxy vote can be exercised.  Pursuant to section 103 of the Body Corporate and Community Management Act 1997 (Act) the regulation module applying to the community titles scheme may provide for, among other things, the way a proxy is appointed, how it can be used and the maximum period of appointment.

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