Unit News Online January - February 2020

THE OFFICIAL MAGAZINE OF UNIT OWNERS ASSOCIATION QLD EDITION JANUARY / FEBRUARY 2020

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ONE INDUSTRY ONE PURPOSE

Shandit Pty Ltd are proudly corporate authorised representatives of Insurance Advisernet Australia Pty Ltd. Authorised representative number 424246

“Would our Committee have been able to achieve what we have over the past 12 months and cope with the work required to get us through? Were it not for the personal interest and dedication of UOAQ then the short answer to that question is ‌ absolutely not!I strongly urge all Queensland unit owners to ensure that their Body Corporate Committee subscribes to an annual membership with the UOAQ - an organisation with a strong voice supporting of all owners in Queensland.

Garry Deighton - Chairperson Ocotillo CTS 32327

Shandit Pty Ltd are proudly corporate authorised representatives of Insurance Shandit Pty LtdAustralia are proudly corporate Advisernet Pty Ltd. authorisedrepresentative representatives of Insurance Authorised number 424246

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UNIT NEWS JANUARY / FEBRUARY 2020

Shandit Pty Ltd are proudly corporate authorised representatives of Insurance Advisernet Australia Pty Ltd. Authorised representative number 424246

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Members of the UOAQ are welcome to contact committee members of the association for any help on any body corporate matter.

FROM THE EDITOR

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elcome to the latest edition of our Unit News.

Entering our 42nd year, we have taken the opportunity to lead our issue by casting industry attention back to the central role of owners in strata. ‘One Industry One Purpose’ is an article which on page 4 calls for a re-centring of industry focus to the ultimate underwriter – the owners. The UOAQ’s hope is that all stakeholders will find effective ways to cooperate with us in supporting the owners to achieve the objectives of the law.

6th Floor. 333 Adelaide St, Brisbane QLD 4000 help@uoaq.org.au (07) 3220 0959

Drug use is, sadly, not an unusual occurrence in Queensland. Global Meth Solutions has patented a product that may assist investor owners manage this risk in their investments. Go to page 6 for more information on the ‘Meth Breaker’ detection device.

Disclaimer Articles contributed to this newsletter are published as a service to members and do not necessarily reflect the opinion or policy of this Association. To contact the committee of the UOAQ for assistance with a body corporate matter please email help@uoaq.org.au

Throughout the rest of the issue you will find much handson information in the many areas. For the mid to smaller sized schemes considering painting, the interview with Tender Guide Consultants on page 9 may provide useful industry insights. Pet issues and your by-laws, insurance

Editor

Jana Koutova editor@uoaq.org.au

Art Direction

Dan Hancock hi@danhancock.com.au

Published by Unit Owners Association Qld uoaq.org.au facebook.com/uoaq.inc twitter.com/UnitOwnersQld

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THE OFFICIAL MAGAZINE OF UNIT OWNERS ASSOCIATION QLD EDITION JANUARY / FEBRUARY 2020

ONE INDUSTRY ONE PURPOSE

FOR THE LATEST UPDATES

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BECOME A MEMBER TODAY

Jana Koutova editor@uoaq.org.au

click to join

FOR MORE ABOUT UOAQ

Unit News Editor

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" Entering our 42nd year, we have taken the opportunity to lead our issue by casting industry attention back to the central role of owners in strata."

CONTENTS 4

One Industry One Purpose

6

The Relatively Unknown Responsibility

7

Insurance: Owners Conducting Paid Work

8

Self Managed and Simple Schemes

9

Top 3 Things to think about when

Thank you for your continued feedback – your comments and suggestions help us to improve. Enjoy reading!

you consider painting your building

10

Enforcing an Adjudicators Order

Jana Koutova - Editor

11

Pets and Body Corporate By-Laws

for owners doing paid work and cash accounting used to prepare your yearly financial statements are all topics we trust will be helpful.

JANUARY / FEBRUARY 2020 UNIT NEWS

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Written by Ben Gray, CFA, De Officiis Consulting

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UNIT NEWS JANUARY / FEBRUARY 2020

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ervice contactors such as body corporate managers, caretakers and letting agents, as well as body corporate committees are all required by law to act in the best interests of the body corporate - the body of owners statutorily incorporated by the laws of Queensland. Acting reasonably is also a key feature of body corporate law however the main goal is unequivocally to seek to put the best interests of the body corporate front and centre. Other principles such as acting honestly, professionally and not taking advantage of superior knowledge are but a few more of the provisions of the codes of conduct enshrined in law that apply to all service contractors of bodies corporate.

Each of these principles are aimed at supporting the interests of the ultimate stakeholders and financial underwriters of the industry - the owners.

Nevertheless, the strata title industry appears to many to be a fragmented affair. Why is this the case when the statutory goals seem so clear?

And how is it that the Unit Owners Association of Queensland (UOAQ), chartered to represent the interests of owners, is mistakenly regarded by some parts of the industry as troublesome? Doesn’t the UOAQ simply fulfill its charter for members and the interests of owners at large in alignment with the codes of conduct of the law?

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The answer perhaps lies in the inconvenient truth that the UOAQ, in working solely for the interests of owners, does not shy away from pointing out the problems affecting owners when they arise - and advocates accordingly on behalf of owners’ interests.

Mistakenly, such actions are many times seen as the UOAQ opposing individual service contractors. This cannot be further from the truth since the reason for shining the light on problems is driven by a desire to improve the services for bodies corporate.

It is an important distinction to recognize that supporting one thing does not automatically imply opposition to another.

The natural rub The way some things have developed in the Queensland strata title industry are, in a sense, understandable, although not necessarily excusable.

The natural rub of owners' interests with other parts of the industry perhaps derives from the fact that owners are the 'buy-side' of the industry and the service contractors are the 'sell-side' of services and goods, deploying capital for the additional purposes of extracting profit. All this is fair enough.

Yet, the sell-side is complicated by

"It is an important distinction to recognize that supporting one thing does not automatically imply opposition to another."

a quasi-commercial environment in which the law binds them to hold their contractual counterparts’ interests to the highest level. So, we have a basic distinction here between normal commercial relations and those in strata land where the sell side needs to also look out for the interests of their contractual counterpart. This is an underlying factor that might be overlooked by many.

A call for greater co-operation across the industry

It is not failure to admit that laws need change at times

This call is addressed to all service contractors and industry stakeholders to join with the UOAQ to work together on the things that can be changed to give effect to the interests of owners. Only by acknowledging the objects of the law and the possibility that the framers of the 1997 version of this law may have just anticipated wrongly on some aspects, can progress be made for a better strata title industry and living environment in Queensland.

As a stakeholder in the industry, the UOAQ encourages greater momentum toward the best interest of owners. And in stepping back for a moment, it would perhaps be hubris to suggest that a law passed in 1997 by the Queensland parliament would never require legislative improvements overtime and after experience. It is commonplace that laws are amended as their operation shows up where things can (and do) go wrong. It would also be hubris to suggest that mistakes and practices cannot develop which run counter to the basic objectives of the law to act in the best interests of the owners.

The bottom line is that the experience over the past two decades of disputes shows a need for further refinement through legislative change, and that is not a unique factor to the strata industry but one which is commonplace in all areas of economic life.

The purpose of this article is not to detail the changes needed to move the needle in a direction that gives more life to the objects of the law and the interests of owners. The purpose is a reminder from the

Work with UOAQ

UOAQ regarding the framework of 'one industry, one purpose'.

Better industry co-operation will be a win on all sides. Better law means fewer disputes. And that means lower risk for capital invested by service contractors and less management and administrative time taken up in providing those services.

If you are reading this article and are a stakeholder or service provider who would like to work with the UOAQ on an issue in the industry, please do not hesitate to return this invitation by contacting them. While the UOAQ already co-operates with many service contractors it would welcome input also from some of the larger players.

It makes good business sense to work with the UOAQ brand which is independently on the owners’ side, where codes of conduct require service contractors to also be. Rather than view the light that the UOAQ shines on areas for improvement as inconvenient, consider a fresh approach to see their perspectives as the necessary balance to level the interests of all stakeholders in the industry for its long-term benefit.

Further Information Ben consults in the area of body corporate and regularly volunteers for UOAQ. Further contact consult@deofficiis.com

JANUARY / FEBRUARY 2020 UNIT NEWS

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Save 10% UOAQ members can claim a 10% discount off the retail price through their membership and quote “ UOAQ less 10% “

The Relatively Unknown Responsibility of Landlords

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roperty owners have a responsibility to ensure their property is safe for future occupants. The Residential Tenancies Authority (RTA) requires that a landlord must “… ensure at the START of the tenancy, the property is fit for a tenant to live in …” This includes placing a new tenant in a property that has existing any levels of methamphetamine (ice) existence. The legal ramifications associated with this issue are enormous should a tenant pursue legal action for health related issues or for simply being placed in a property that is not fit to live in!

The Meth Breaker is the common sense practical solution.

The Meth Breaker is a methamphetamine (ice) detection device which upon installation in a property will test the air every 30 minutes for the precursors associated with the manufacture and or use of methamphetamines (ice) in properties and send a weekly report to a nominated mobile phone enabling identification of any meth use in the property in that week.

The initial weekly report allows the landlord to identify if 6

UNIT NEWS JANUARY / FEBRUARY 2020

their property has any existing levels of methamphetamine (ice) existence. The device will send an alert in real time to a nominated mobile phone should it identify methamphetamine existence on or above the Australian standards level of 0.5ug. The device will also report in real time to a nominated mobile phone if the device is tampered with including attempts to cover or remove the device from its position.

WHY INSTALL THE METH BREAKER? #1. Eliminates the expensive, unreliable and tainted swab testing process that are conducted based on suspicion. #2. Protects the landlord’s property 24 / 7 helping to ensure that the property is fit for a tenant to live in! #3. Protects the landlord from possible remediation costs associated with methamphetamine (ice) existence. #4. Identifies any methamphetamine (ice) use for each tenancy period. #5. Deters tenants from using and or manufacturing methamphetamines (ice) in a landlord’s property.

A LANDLORD OR PROPERTY MANAGER CANNOT REPORT ON SOMETHING THEY CANNOT SEE! The Meth Breaker is the “eyes” of the landlord and property manager 24 / 7 in monitoring and protecting their property from the issues associated with methamphetamine (ice) activity.

The Meth Breaker has been tested by The Institute of Environmental Science and Research (ESR) Laboratories. ESR is a Crown Research Institute that provides services to a range of New Zealand and International government agencies and private corporations. The forensic expertise of ESR is utilised by law enforcement agencies around the world including the FBI. THE METH BREAKER DETECTS + MONITORS + REPORTS + DETERS 24 / 7

Article supplied by Global Meth Solutions Contact David Pie, Global Meth Solutions Website www.globalmethsolutions.com.au Phone 0412 132 142 BECOME A MEMBER TODAY uoaq.org.au

Insurance: Owners Conducting Paid Work

By Tyrone Shandiman, Strata Insurance Solutions

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here a body corporate is considering engaging an owner to conduct paid work, consideration should be placed on the level of cover provided by the strata insurance policy.

All insurance policies will vary to some degree and as always should be read individually.

However despite individual wording differences, most strata insurance policy wordings will contain an extension in the public liability section of the policy which is intended to provide cover for voluntary workers. Voluntary Worker does not in the basic interpretation mean employees, contractors or any person who receives a payment, reward or remuneration for their services. Due to this, Strata policies generally will not extend to provide any cover for owners who undertake paid work for the body corporate.

The first consideration is injury or property damage caused by the owner to other parties. In the event the owner injures or causes property damage to another party, the policy would not extend to cover claims for compensation made against the owner as they are not deemed to be a volunteer and they are therefore not insured by the policy. For the owner to have appropriate cover, they would need to take out a separate public liability insurance policy. Where the body corporate are drawn into claims due to the actions of the owner, the policy will respond to cover the interests of the body corporate only and it should be noted that both the body corporate and the owner conducting the work can be held jointly liable in the event of a claim – for example the owner could have a 70% contribution & the body corporate a 30% contribution to compensation.

Secondly, consideration should be placed on injury the owner sustains while conducting work for the body corporate. The public liability section of a strata insurance policy is designed to cover the body corporate where they become legally responsible to pay compensation for personal injury or property damage. While there is no specific exclusion for claims made against the body corporate for owners who are paid for their work (provided they are not an employee), the insurer will assess the body corporate responsibility/negligence at the time of a claim. For example, the owner decides to clear gutters and erects a ladder at no direction of the body corporate and the owner sustains injury from falling off the ladder. While the question of legal responsibility is best answers by legal professionals, the insurer may decide there are grounds to defend the claim

as the body corporate did not instruct the owner to use the ladder and therefore, they were not negligent. If the insurer is successful in defending the claim the owner could be left to manage the financial impact of a major injury without grounds for compensation.

Strata insurance policies have a separate Voluntary Workers cover in their policy which is designed to provide payments for death and specific injuries for volunteers while that are engaged solely in work or duties on behalf of body corporate. This cover is event based and does not have a specific requirement of the body corporate being negligent for the injury. This cover is not available for owners who are paid for the work they do and the equivalent cover for owners conducting paid work would be a personal accident insurance policy.

While there is no specific requirement placed on the body corporate or owner to take out insurance, we recommend consideration is placed into public liability and personal accident insurance specifically for instances where the owner is engaged in paid work.

Article supplied by Strata Insurance Solutions Website www.stratainsurancesolutions.com.au Email info@stratainsurancesolutions.com.au Phone 1300 554 165

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

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JANUARY / FEBRUARY 2020 UNIT NEWS

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SERIES

Self managed and simple schemes 7. Cash accounting

By Ross Utting, Tracsafe

This is the seventh article in a series about simple schemes. Most simple schemes can be characterised as being either a low height apartment complex or a collection of independent dwellings. Complexity increases with the number of lots and the variety and extent of infrastructure on the common property. There is no strict cut-off to our definition of simple.

Cash versus accrual accounting The BCCM Act permits either cash accounting or accrual accounting to be used when preparing yearly financial statements for consideration at an AGM. For simple schemes, cash accounting is more appropriate and more intuitive for lot owners without a financial background. In the cash accounting statement, a table of monies receipted, and a table of monies expended is used to explain the financial year together with a table of bank accounts, cash flows and fund distributions. Additional disclosures of levies in arrears or advance and any expenditure incurred but not yet paid is required to complete the picture. When looking at a specific line item, if an expenditure amount is showing under Insurance (for example), you can be assured that exactly that amount was paid out of the bank account at some time during the financial year.

When using accrual accounting, this may not be true.

Another example of this adjusted reality would be the receipted levies. When using accrual accounting, the income and expenditure statement will show that levy income received matches the budget line item for levy income that was expected.

However, that is not saying that the levy monies were actually receipted. What it means is that all the levy statements were issued with the amounts that were agreed at the previous AGM. Even if no one paid their levies during the year, this line item would match. Only by looking at the balance sheet, under asset line items such as ‘levies in arrears’ will it become clear if levies are outstanding.

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For a body corporate, accrual accounting was more useful in the past where cheques may have been issued by the body corporate but not yet banked by a creditor. These days with instant banking, when you pay a creditor by EFT the money is immediately deducted from your account. Accrual accounting can be useful when contracts span multiple years and payments are misaligned.

In simple schemes, this is unlikely. For self-managed committees, preparing a cash accounting financial year report is going to be much easier than preparing an accrual accounting report.

Due date for levies Your levy periods must fall within the financial year of the body corporate. Six month, four month, and three month levy periods are the most common choices that I see. It is common sense that the due date for payment of a levy is a date that lies within the levy period. When reporting with cash accounting, making a good choice for the due date for a levy payment can improve clarity. The levy due date is often set as the first day of a new levy period. Attentive lot owners may pay their levy in advance of the due date which can mean that their money goes into the bank account in the prior financial year in the case of the first levy. The levy due date is sometimes set as the last day of a levy period.

Inattentive lot owners may pay their levy late in which case the money goes into the bank account in the next financial year in the case of the last levy for the year. Under cash accounting, only the banking transactions that appear in the bank statement for the financial year of the body corporate contribute to the accounts for that financial year. An explanatory note regarding monies in arrears and in advance is required to be given.

I recommend four month levy periods that are levied in arrears with a due date that is close to the end of the levy period (usually about seven days before the last day of the levy period). This ensures that monies collected for the financial year will appear in the accounts and be close to the budgeted figure unless there are some really late payers. An additional benefit of this approach is that an AGM

can be convened and agreed before the first levy of the financial year has needed to be issued. Consequently, the need and complexity of interim levies and additional motions is avoided at an AGM and the financial accounts are slightly simplified.

Administrative and sinking funds Some self-managed committees use separate bank accounts to delineate monies as categorised as either administrative or sinking. Body corporate managers do not do this. They use body corporate software that can track the fund balances yet maintain a single bank account. Self-managed committees can also get access to body corporate software that can do this. Trying to use separate bank accounts is an administrative nightmare that no one should have to manage. Sometimes, lot owners are instructed by treasurers to pay admin levies into one account and sinking levies into another. Inevitably, lot owners will muck this up. Lot owners want to pay a single amount into a single bank account. In other cases, where payment is to a single account, the treasurer spends time to move monies from one account to another to correctly compensate the balances. I use a single bank account for each body corporate and body corporate software that correctly tracks the admin and sinking balances. If there comes a time when additional accounts are required (for investment purposes), the software continues to track admin and sinking components of the balances across multiple financial accounts. Committees only need to focus on the appropriate investment amounts with regard to cash flows of the body corporate. Whilst the majority of that investment money is most probably sinking fund, it does not need to be, and no one needs to care – the body corporate software keeps track.

Article supplied by Tracsafe Ross is a body corporate manager and director of Tracsafe, offering services from DYI to full management.

He also volunteers with UOAQ. Website www.tracsafe.com.au Email contact@tracsafe.com.au Phone 07 31143198 BECOME A MEMBER TODAY uoaq.org.au

Top three things to think about when you consider painting your building An Interview with Justin Percy, Tender Guide Consultants

In this issue we sit down with Justin Percy of Tender Guide Consultants to talk about the sometimes-overwhelming prospect of getting your scheme painted.

UOAQ: Welcome to the UOAQ’s Unit News Online.

Justin: Pleased to be here.

UOAQ: Generally, schemes run into a little strife where they venture into areas where they don’t have the expertise to properly judge what’s before them. So, our question for you is: what are the top three things a scheme should think about when resolve that painting is needed?

Justin: The first thing each committee needs to do is to look around to see what skills they have as a collective - time, expertise and project management. Do they have someone with skills to run a full tender for their project in efficient and timely manner? If the answer to this basic start-up question is no, the committee should consider engaging someone with the appropriate skills to help them out. Painting a scheme represents a big expenditure on the side of body corporate. As with all big projects, spending a small additional amount now to do it right may save you more in the long run.

The expert should be independent; the body corporate needs somebody on their side to protect their investment, not somebody who is looking to make money from the project.

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Secondly, weather a committee member or a professional you need to have a clear scope of works for the project. This is a document explaining exactly what needs to be completed or the deliverables for the project with timelines, access plans and the like for the contractors to quote on.

The third thing which I believe is very important is having a specification from a paint manufacturer listing the type of paint to be used in your project. A proper consultation regarding this is essential, since not all paints are equal and like with anything else, there are good, better and best options to choose from here, too. Clear specification will help to form a part of the scope of works for your project.

It shouldn’t be used as the only tool for the contractors to quote on though, but rather it should form part of the scope of works.

UOAQ: Thank you. That is very helpful A lot of things to think about. So, the next question is: where do you see schemes making the biggest errors?

Justin: There are many known scenarios which may not be best. For example, when schemes just ‘wing it’; or the classic mistake of ‘I know a guy…’, or even taking advice from somebody who is also quoting on the project. Deciding based on the cheapest price without knowing the full scope of works in the quote can be a huge trap also.

Whereas it seems like you may be saving money

by choosing the cheapest price, if you have not done your homework, there may be costs of excluded items from quote, repairs that have not been accounted for with a variation clause in the quotes, cost in re-dos - and the list goes on. The committee should always consider their obligation to do the best thing for the scheme, and that means having to find an appropriate person to handle the task. With painting, some of the quotes can be quite technical in nature - I’ll go back to the beginning in getting the scope right and understanding what is in the quotes – this will give you the best outcome.

UOAQ: They great observations. I wonder now whether the way to avoid the mistakes and tackle the project depends on the size of the scheme or the type of job that needs doing. So, how can a scheme be sure that the type of job that is quoted for actually makes sense? Wouldn’t you need some expertise beyond paint, so that a proposal is not ‘painting over the cracks’ so to speak?

Justin: So true. The preparation in any painting project is the key. If there are issues in the sub straight or other underlining problems, it does take a skilled professional who regularly

work in the repaint field to one - detect them and two - to rectify them properly. Having the right scope of works in place to take care of issues such as cracking is important to specify the right products and procedure to have them rectified correctly before painting. Rectification issues need to be in the scope of works and need to be detailed in the contractor’s quotes.

This is the area where hiring a professional to have your back through this process will pay for itself in spades.

UOAQ: Finally, do you see a difference in considerations depending on the size of the or type of scheme?

Justin: No. The size of the project is irrelevant when it comes to having the fundamentals right.

The scope, specification, having professional contractors to supply apples to apples quotes and finally having somebody to properly review the quotes for the technicalities is imperative for any size project.

UOAQ: Thank you Justin. We look forward to having you back in the next issue.

Article supplied by Tender Guide Consultants Email justin@tenderguideconsultants.com.au Phone 0447 690 079

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Enforcing an Adjudicators Order

By Gary Bugden, Partner, Bugden Allen Lawyers

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ne way to resolve a body corporate dispute is to obtain an Adjudicator’s order to compel a person to do something, or to refrain from doing something. But what if the person fails to comply with the order?

Adjudicator’s orders will generally fall within one of two categories: • Orders requiring the payment of money • Other orders (such as an order requiring a person to remove a sign from their balcony).

Money orders An order requiring payment of an amount of money is enforced in the Magistrates Court, irrespective of the sum involved. To start the process the person in whose favour the order was made (“Enforcer”) files with the Registrar of the Magistrates Court: (a) a certified copy of the order; and (b) a sworn statement confirming the amount outstanding under the order.

The Registrar registers the order in the Court, after which it can be enforced by the Enforcer against the debtor as if it were a judgment of the Court (“Judgment Debtor”). Enforcement requires further steps which must be taken by the Enforcer.

They involve the issue of an “enforcement warrant”, which can authorise: • The seizure and sale of the Judgment Debtor’s property • Redirection to the Enforcer of a debt owed by another person to the 10

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Judgment Debtor (such as rent or other payments made to a bank) • Redirection of wages from the Judgment Debtor’s employer to the Enforcer • An arrangement for payment of the debt by instalments.

With the assistance of a case officer in the Magistrates Court, those enforcement processes can be undertaken without using a lawyer. However, they are not straight forward and should not be undertaken by anyone who does not have the skills to navigate relatively complex administrative procedures.

Other orders Other orders are also enforced in the Magistrates Court, provided the obligation imposed by the order can be enforced (e.g. to remove the sign as opposed to “be quiet”). Again, the process is started by the Enforcer filing with the Registrar of the Magistrates Court: (a) a certified copy of the order; and (b) a sworn statement confirming that the obligation imposed under the order has not been performed.

The Registrar registers the order and then the Court can be asked to appoint an administrator to perform the obligations under the adjudicator’s order. Again, the process can be undertaken without a lawyer, subject to the Enforcer having the skills to navigate the process involved.

Once appointed, the administrator can effectively take control of whatever has to be done to satisfy the order (subject to that qualification that it must be possible to take that control, unlike the obligation to “be quiet”).

Prosecution for failing to comply A person who contravenes an Adjudicator’s order (other than an order for payment of an amount of money) commits an offence which carries a maximum penalty of 400 penalty units (which currently equates to $53,380.00).

A proceeding for such an offence is commenced in the Magistrates Court, but can only be taken by the Attorney General or any one of the following: (a) the applicant for the original Adjudicator’s order; (b) a respondent to the application for the original order; (c) a person in whose favour the order was made; (d) the body corporate; or (e) an administrator appointed under the BCCM Act who is authorised to perform obligations of the body corporate or its committee.

In addition to any fine, the Court can award costs in favour of the prosecutor.

Unless the person commencing the prosecution is very experienced in prosecuting offences (which essentially have to be proved to the criminal standard of

proof), they should not start a prosecution without the assistance of a solicitor.

Conclusions Obtaining an Adjudicator’s order to resolve a dispute is not the end of the matter. If the order is not complied with, it will need to be enforced in the Magistrates Court. There may be options as to how the order is enforced and one of those options may be a prosecution for an offence. In all cases care needs to be taken to ensure proper procedures are followed because an unsuccessful enforcement or prosecution can result in an order for costs against the enforcer or prosecutor.

Article supplied by Bugden Allen Lawyers

For more information visit bugdenallenlawyers.com.au BECOME A MEMBER TODAY uoaq.org.au

Pets and Body Corporate By-Laws

by Richard Branch, Get My Pet

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odies Corporate have the responsibility to "…administer common property and body corporate assets for the benefit of all of the owners, and to undertake functions required under body corporate legislation" . They have 'law' making powers in the form of by-laws for the running of the scheme in much the same way as governments make laws for roads to ensure the good operation and smooth flow of traffic.

The law making power of the body corporate rightly extends to animals on and in the scheme. This is where worlds sometimes collide with owners who also have the right to live in their own home and make decisions for their own home in much the same way as anyone living in a freehold property would; with one important distinction. Your decisions around animals (and sometimes curtains and other things bodies corporate make by laws about) affect the other people in the nearby vicinity to you so the body corporate becomes a stakeholder in that process.

There are by in large two types of pet by laws you will come across in a body corporate. Ultimately there could be an infinite number but the two most common types are: • Pets with approval of the committee • No pets

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In making an application for an animal, the health and welfare is an important consideration as I discussed in a previous article.

Other considerations are your enjoyment of your own property with your family, your neighbours enjoyment of their space and the views of the body corporate because they ultimately carry responsibility for the entire scheme.

I'm only going to deal with your neighbours and your body corporate here. For anyone who has lived in a community living situation long enough knows your neighbours (both the immediate ones and the ones a little further away) can impact on you. Their TV, their music, their car, their smoking and/or their washing are amongst many things that if they haven't yet, they will at some point affect the quality of your life in your own home. If you get a pet, it is potentially exactly the same and your pet could at some point impact their quality of life and enjoyment of their home. Depending on the time of day that impact may be small or significant. If problems arise from that, then it potentially becomes the body corporate's problem too.

If a dispute arises between neighbours over an animal, irrespective of whether the body corporate has approved it or not, they become a stakeholder in the dispute, as explained previously they have responsibility for the scheme. They rightly, have the grounds to refuse

an application for a pet if there are valid reasons for that refusal, but, experience shows those situations are quite limited in scope.

Get-My-Pet’s aim in making any application for a pet is to involve the body corporate on reasonable terms from the initial application so they can be informed, involved, have a say, apply by laws fairly and achieve an outcome that is workable for you, them and your neighbours. After all if you are getting a very young animal and you are a resident owner in a scheme the decision being made is on that could have ramifications for a decade or more into the future!

The next article will discuss the application process and how we help.

Get-My-Pet, an advocacy service for people applying for pets in units. The aim of Get-My-Pet is to assist applicants for pets make informed, unemotive applications considering all the factors reasonably so they can enjoy a pet in their home as more than 60% of Australians do.

Article supplied by Get my Pet Website www.getmypet.com.au Email enquiries@getmypet.com.au Phone 0419 707378

JANUARY / FEBRUARY 2020 UNIT NEWS

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