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Welcome to The OMB Law Board, the podcast where legal insights meet practical advice. Hosted by Simon Bennett, Managing Partner at OMB Solicitors, this show delves into what you can expect when engaging with OMB Solicitors. Specialising in property law and commercial law, OMB also boasts dedicated teams for estate planning, contested estates, body corporate matters, litigation, and family law.
Each episode features in-depth discussions led by experienced team leaders, some with over 20 years of expertise. You'll gain valuable knowledge on initial consultations, cost assessments, timelines, and the importance of clear communication and confidentiality in legal matters.
Join us to break down barriers and navigate your legal journey with confidence. Tune in for expert advice, client stories, and tips on how to prepare for your legal needs. The OMB Law Board is your trusted source for all things legal.
00:00:05:18 - 00:00:23:04
Unknown
Welcome back to the OMB Law Board, I'm Simon Bennett. I've got Juliette Nairn, our body corporate partner with me again today. Juliet. Welcome back. Thank you. It's a pleasure. Julliette. Today we're going to do something different. Oh, okay. We're going to play a game. Oh, okay. This is a surprise game. I don't know about the game.
00:00:23:06 - 00:00:28:01
Unknown
And the game is. You should know this. Who's the problem? And it's not me.
00:00:28:03 - 00:00:45:16
Unknown
It would normally be you. In our conversation, probably is made, to be honest. So what I'm going to do, and this is inspired by our subscribers. We've had real life scenarios put to us by our listeners and subscribers, and I wanted to put them into this game so
00:00:45:18 - 00:00:56:18
Unknown
game is called Who's the Problem? Here's the real life scenarios. And I want you to tell me who's the problem. So the first scenario revolved around a lot. Owner who spent $25,000
00:00:56:18 - 00:00:58:07
Unknown
renovating their bathroom
00:00:58:07 - 00:00:59:01
Unknown
looked amazing.
00:00:59:03 - 00:01:07:00
Unknown
Instagram worthy in fact. All right, then they got a letter of demand from the body. Corporate. Yes, that is exactly what will happen.
00:01:07:01 - 00:01:33:07
Unknown
So who's the problem in this case is the individual lot owner? What is the appropriate procedure and step within your community management statement, which is a document that every lot owner and occupy will have as part of their body corporate records. There is a bylaw and that bylaw will be a renovations. And that bylaw will say you, the individual lot owner, must do an application to the body corporate and seek approval for any renovation works.
00:01:33:07 - 00:02:01:22
Unknown
If you don't do that, the body corporate power actually extends to the fact that you are the problem. Because I'm going to take out your renovation works okay, so the owner is the problem didn't get consent correct. Scenario number two an owner did the right thing. Applied for consent. Yes. Pets rejected. Pool rejected. Every application they make is rejected over and over and over again.
00:02:01:23 - 00:02:03:24
Unknown
They say without just cause. All
00:02:04:05 - 00:02:05:11
Unknown
In terms of
00:02:05:11 - 00:02:24:11
Unknown
the individual lot owner here, it is probably how the individual lot owner is writing to the body corporate committee and phrasing their application or their request. A request is something that's very simple. Their set forms is a guideline to follow. Everybody corporate will have it and you just keep your request very simple.
00:02:24:16 - 00:02:48:10
Unknown
In this case, like particularly regarding a pet, it might be that there are already numerous pets living in that lot. Regarding the renovation, there is probably reasons for the rejection. Maybe there was no builder, no licensed unlicensed builder, or no plans associated with the renovation work. There is always a reason as to why the body corporate committee rejects a matter.
00:02:48:14 - 00:03:14:16
Unknown
Okay. And is there a circumstance whereby a body corporate targeting a lot owner simply rejects every application? And who's at fault? The body corporate? It's typically going to be the lot owner. I can't convince you on that one. No, not the body corporate, but as a lot owner. If I do feel like everything is being rejected, I can write to the Commissioner for body corporate and do an application for something to be considered.
00:03:14:17 - 00:03:24:10
Unknown
Remember, I as a body corporate and my committee on behalf of my body corporate, I have a statutory duty to be reasonable. I must act reasonably. Okay.
00:03:24:14 - 00:03:39:17
Unknown
The third scenario that we got asked about was from a neighbor of a body corporate, actually, and they live right next door to the pool, and they're complaining constantly to the body corporate about the noise from the pool, particularly during school holidays.
00:03:39:19 - 00:03:58:09
Unknown
Okay. Well, the neighbor's the problem. Okay. That's easy. I'm sorry. It's just what it is. I'm a body corporate, and it's like all neighbors. For some reason, when people move into strata or they're a neighbor to strata, they think that there's some special rules regarding nuisance requirements, all of those sorts of things. It's actually just common
00:03:58:11 - 00:04:00:07
Unknown
People have to have a little bit of tolerance.
00:04:00:07 - 00:04:04:16
Unknown
If it's school holidays and you live next to a resort, you're going to have a noisy pool.
00:04:04:18 - 00:04:05:09
Unknown
Fair enough.
00:04:05:13 - 00:04:14:01
Unknown
Okay. The next one is we have a lot owner who hasn't participated in the body corporate, so they don't go to the body corporate meetings
00:04:14:03 - 00:04:18:10
Unknown
bum bum. Yet there aren't happy with some of the decisions that have been made.
00:04:18:11 - 00:04:38:21
Unknown
That's all of my lot owners that you're talking about, Simon. That's every lot on a phone call I receive. If you live in a community title scheme, be proactive, be part of the body corporate, attend the committee meetings, attend the general meetings, be it, be part of it. But at least read the minutes so that you understand the decisions being made
00:04:38:23 - 00:04:41:00
Unknown
and vote at such meetings.
00:04:41:01 - 00:04:53:07
Unknown
It's the only way you get to have your say, okay, last one maintenance request body corporate approved the maintenance. Yes, but nothing's been done. And it's been six months. Okay. Nothing's happened.
00:04:53:07 - 00:05:04:20
Unknown
Body corporates can work slowly sometimes because there's a lot of moving parts. It is everyone's problem for that because you need to be proactive. We need to have a checklist.
00:05:04:21 - 00:05:23:23
Unknown
We need to constantly follow up. We will have a body corporate manager. We will have a building manager. They have different roles and different duties, which is actually going to be another topic of one of our podcasts in terms of that. But they have different responsibilities. But as a tenant or a lot owner, I just need to make sure I'm getting the communication to the right place.
00:05:24:04 - 00:05:38:15
Unknown
Okay, so there it is. Hopefully we've answered some of your queries as to who's the problem. I'm going to finish with a little red flag, a green flag questionnaire. And you can tell me where the traffic light system. All right.
00:05:38:17 - 00:05:48:18
Unknown
don't need body corporate approval for an alteration to my lot. Red flag. You always need body corporate approval, even if you think you don't, because it's a minor renovation.
00:05:48:18 - 00:06:03:23
Unknown
Always ask anyway. Okay, I'm on the committee. We can do whatever we want. No. Red flag committee has very tight regulations. You have duties and responsibilities, particularly section 94 of the Beakman, which says you must be reasonable.
00:06:04:02 - 00:06:09:00
Unknown
I own a body corporate. I couldn't really be bothered reading the by laws are
00:06:09:03 - 00:06:15:22
Unknown
big red flag. If you don't read the bylaws, you will receive contravention notices as to why you're in breach of those bottles.
00:06:15:23 - 00:06:22:13
Unknown
Okay, and to finish up, I got my advice about the body corporate from my Facebook group.
00:06:22:15 - 00:06:23:09
Unknown
Oh,
00:06:23:11 - 00:06:41:05
Unknown
social media, Facebook pages. In terms of body corporate, the information on there is always going to be some individuals view as opposed to what is the correct body. Corporate records, your body, corporate committee and your body corporate manager are the right place for those decisions and records
00:06:41:08 - 00:06:45:02
Unknown
the understanding of some people's views or perceptions.
00:06:45:03 - 00:06:46:07
Unknown
Big red flag.
00:06:46:12 - 00:07:02:01
Unknown
So I think the takeaway from that is if you've got a body, corporate question or issue, either hit us in the link below or come and see us at OMB solicitors and let our body, corporate team and Juliette take care of you. Thanks for listening and we'll see you next time on the OMB Law Board.