What is a body corporate?

A body corporate is a legal entity automatically created when a community titles scheme is registered in Queensland. It manages and maintains common property, enforces by-laws, collects levies, and facilitates decision-making on behalf of all owners.

What are the main responsibilities of a body corporate?

The body corporate is responsible for:

• Maintaining common property

• Managing insurance for the scheme

• Enforcing by-laws

• Preparing budgets and collecting levies

• Keeping records and facilitating meetings

• Responding to maintenance and owner concerns

Who enforces body corporate rules?

The committee enforces the by-laws. If they fail to act, individual owners can lodge a complaint through the Commissioner’s Office for Body Corporate and Community Management to seek resolution or enforcement.

Can I challenge body corporate decisions?

Yes. You can challenge decisions by submitting a motion, raising it at a meeting, or formally applying for dispute resolution via the Commissioner’s Office. You’ll need to show why the decision was unlawful, unreasonable, or improperly made.

Can a body corporate restrict short-term letting like Airbnb?

They can regulate, but not outright ban, short-term letting unless it’s prohibited by a lawful development approval or zoning. By-laws may impose reasonable conditions, like noise restrictions or booking minimums.

Can I change my front door colour without approval?

No. Anything that affects the external appearance of a lot typically requires approval. This includes doors, windows, and external paintwork.

Are tenants allowed to raise issues directly with the body corporate?

They can regulate, but not outright ban, short-term letting unless it’s prohibited by a lawful development approval or zoning. By-laws may impose reasonable conditions, like noise restrictions or booking minimums.

Can tenants be excluded from using common areas?

Only if they are breaching by-laws. Tenants have the same access rights to common property as owners, but if they repeatedly breach rules, temporary restrictions can be applied — with caution and fair process.

Are pets allowed in strata?

Yes, provided they are approved under by-laws. By-laws can’t include blanket bans and must assess pet applications case-by-case. They may set conditions (e.g. weight, breed, or behaviour rules).

What are my rights if a pet causes damage?

You can report the issue to the committee. If not resolved, escalate to the Commissioner’s Office. Pet owners are responsible for any damage their animals cause to common property or other lots.

What happens if two owners share a courtyard but one doesn’t maintain it?

If the courtyard is common property with exclusive use rights, the person assigned exclusive use must maintain it. If they fail, the body corporate can intervene and recover costs.

Can I install CCTV cameras without body corporate approval?

If the cameras are inside your lot and don’t affect common property, no approval is needed. If mounted on common property or directed at shared areas, approval is required.

Can a building manager with exclusive use of an office sublet that space for profit?

Only if allowed by the by-laws or their exclusive use rights. If not, this could be considered unauthorised commercial use of common property and may breach their caretaker agreement.

Can a body corporate stop someone from using their garage as storage?

Yes — if using the garage for storage breaches by-laws or creates safety hazards. Garages are intended for vehicles. Storing flammable goods, blocking access, or creating a fire risk may warrant enforcement.

Are there restrictions on placing personal items (like plants or chairs) in shared hallways?

Yes. Hallways and stairwells are common property, and personal items are generally not allowed unless specifically approved. Obstructions can breach fire safety laws and by-laws.

Who manages the body corporate?

The body corporate is made up of all lot owners. Day-to-day decisions are typically made by an elected committee, and larger decisions go to vote at general meetings. Many schemes also appoint a body corporate manager to assist with administration.

What is the role of the committee?

The committee is responsible for the day-to-day running of the scheme, such as approving minor maintenance, enforcing by-laws, and managing contractors. The committee can act on behalf of the body corporate within limits set by legislation and the scheme’s own rules.

 

What rights do lot owners have in a body corporate?

Owners have the right to:

• Vote at general meetings

• Nominate for the committee

• Access records (with a written request)

• Use common property (within by-law limits)

• Raise motions and request meetings

Do tenants have any rights in a body corporate scheme?

Tenants do not have voting rights in the body corporate unless specifically authorised as a representative. However, they must follow by-laws and can raise issues via their landlord, property manager, or committee if permitted.

Can an owner be on the committee before settlement?

No. Only a registered lot owner can be elected to the committee. Until settlement is complete and your name is on the title, you’re not eligible.

Can I vote if my name is not yet on the title?

No. Voting rights are limited to registered owners. If your purchase hasn’t settled or your name isn’t updated on the title, you can’t vote.

Who can join the committee?

Yes. Hallways and stairwells are common property, and personal items are generally not allowed unless specifically approved. Obstructions can breach fire safety laws and by-laws.

Can non-owners be on the committee?

Only if formally nominated by an owner and elected at a general meeting. The owner must not already be serving in another committee position.

Can committee members be paid?

Generally, no. Committee positions are voluntary. However, an owner may be compensated if a general meeting approves a motion to that effect (for example, to cover expenses or service costs).

Do committee members have to live in the building?

No. There’s no legal requirement for committee members to live onsite. Many owners join committees while living elsewhere, especially in investment properties.

If I own multiple lots, do I get more votes?

Yes, but only in certain voting types. In poll votes, votes are calculated based on entitlements (so owning multiple lots gives more weight). In ordinary resolutions, each lot gets one vote.

Can a motion pass with only two votes?

Yes — if those two votes make up the majority of those who voted and a quorum is present. For example, if only three people vote and two support the motion, it passes (unless the type of resolution requires more).

What’s the threshold for a resolution without dissent?

A resolution without dissent requires zero ‘no’ votes. Any single ‘no’ will defeat it. It is typically used for significant changes like improvements to common property or changing by-laws.

Can the chair override a general meeting decision?

No. The chairperson facilitates meetings but does not have authority to override properly passed motions. All decisions passed by the body corporate in accordance with legislation must be respected.

What are owners responsible for maintaining in a building format plan scheme?

In a building format plan (BFP), lot owners are responsible for maintaining everything inside their lot, including internal walls, doors, paint, carpet, plumbing and wiring that services only their lot, and fixtures like taps or cabinetry.Yes. Hallways and stairwells are common property, and personal items are generally not allowed unless specifically approved. Obstructions can breach fire safety laws and by-laws.

What is the body corporate responsible for in a building format plan scheme?

The body corporate is typically responsible for all common property, including the building’s structural elements (roof, external walls, foundations), shared services (e.g. pipes between lots), driveways, stairwells, and common electrical or plumbing infrastructure.

Is the roof included in a building format plan?

Yes. In most BFP schemes, the roof is considered common property, meaning the body corporate is responsible for its maintenance and repair, including gutters and downpipes servicing multiple lots.

Who is responsible for the stairs inside a lot?

If the stairs are entirely within the boundaries of a lot, they are the responsibility of the lot owner. If the stairs are in a shared/common area, they are the body corporate’s responsibility.

If my unit has structural cracking, who pays for the repairs?

Structural elements like concrete slabs, load-bearing walls, or support beams are usually common property in BFPs. The body corporate would generally be responsible unless the damage is caused by something within the owner’s control (e.g. renovations).

Is the internal plumbing and drainage the responsibility of the lot owner or body corporate?

If the plumbing services only that lot, it’s the owner’s responsibility. If it services multiple lots or runs through common property (e.g. floor slabs), it’s usually the body corporate’s responsibility.

Does the body corporate have to replace old window frames and glass if they’re deteriorating?

If the windows are part of the external boundary of the lot and the scheme is under a building format plan, then the body corporate is responsible for maintaining and replacing them — including damaged window seals and frames.

If my neighbour’s shower is leaking into my unit, who is responsible?

If the leak is coming from within their lot, the neighbour (or their insurer) may be responsible. However, if the leak is due to common infrastructure (e.g. pipes in the slab), the body corporate may be liable.

What types of issues will the body corporate be responsible for?

Typical responsibilities include:

• Roofs, slabs, external walls

• Common property lighting and stairs

• Driveways and shared outdoor areas

• Fire safety infrastructure

• Shared electrical, water and sewer lines

• Fencing between common and external boundaries

How long does a builder remain responsible for common property defects?

In Queensland, builders are generally liable for structural defects for 6 years and 6 months from the completion of the build. Non-structural defects typically have a 12-month warranty. After that, the responsibility may shift to the body corporate.

Can the body corporate charge owners a special levy to cover major repairs?

Yes. A body corporate can issue a special levy to raise funds for unexpected or major works, such as structural repairs. It must be approved by an ordinary resolution at a general meeting, with required notice and quorum.

What happens if a body corporate doesn’t issue levies for over a year?

This is a major governance failure. The body corporate is legally obligated to prepare budgets and levy contributions annually. Affected owners can apply to the Commissioner’s Office to compel action or seek administration orders.

Is it legal for levies to increase without an AGM?

No. Budget approval must occur at an annual general meeting (AGM) or extraordinary general meeting (EGM). Levies can’t be changed or increased without proper process, notice, and vote.

Can levies be adjusted mid-year if an unexpected expense arises?

Yes. The body corporate can call an EGM and propose a special levy or amend the budget. Owners must be given proper notice and vote on the change.

Is it illegal to charge interest on overdue levies without proper notice?

Yes. While a body corporate can charge up to 2.5% interest per month, this must be clearly communicated through approved by-laws and proper meeting procedure. Charging without due process can be challenged.

Can levies be reallocated after being approved for a different use?

Not without a new resolution. If the levies were approved for a specific purpose (e.g. painting), they cannot be redirected (e.g. to fix plumbing) without owner approval through a new vote.

Do the new Queensland strata laws affect maintenance responsibilities?

Yes. The 2024 amendments clarified obligations around exclusive use areas, dispute resolution, and minor spending by committees. Maintenance responsibility for certain fixtures is now more clearly defined in building format plans.

What’s changed around committee decision-making in 2024?

Key updates include:

• Clarified rules around conflict of interest

• Tighter spending limits without general meeting approval

• Streamlined minor works approval processes

What is the process for amending body corporate by-laws?

By-laws can be changed by a special resolution at a general meeting. Changes must be registered with the Titles Registry within 3 months to take effect. They must also comply with the Act — no oppressive or discriminatory rules.

 

Can pets be banned by the body corporate?

Blanket bans are no longer enforceable. The Queensland Civil and Administrative Tribunal (QCAT) has ruled that each pet application must be considered individually. By-laws can set conditions but cannot unreasonably prohibit pets.

Can a non-owner be on the committee?

Only if nominated by an owner and voted in. For example, a family member or trusted associate may be nominated by the lot owner but must not already be serving in another position.

Is there a limit to how much a committee can approve without an AGM?

Yes. The committee can only spend up to a certain limit — usually determined by the ‘major spending limit’ in the legislation or by the scheme’s by-laws. For larger expenses, owner approval is required at a general meeting.

What if I purchased a unit but the previous owner didn’t disclose ongoing maintenance disputes?

You may be liable for unresolved issues. It’s why a pre-purchase strata report is crucial. You can also apply to access records to better understand any disputes that pre-date your ownership.

Can I request a full copy of insurance documents?

Yes. Owners are entitled to request access to all body corporate records, including insurance policies, through a written request and small statutory fee.

Are committee meetings required to be minuted and shared with owners?

Yes. Minutes of committee meetings must be recorded and available to owners upon request. There is no requirement to send them out automatically, but they must be stored and accessible.

What if the building is insured for less than market value, who is liable in the event of loss?

The body corporate is required to insure common property at full replacement value. Under-insuring could result in owners bearing the shortfall. This can also result in legal action against the committee or manager for negligence.

Can I apply to the Office of the Commissioner for Body Corporate to force action on a motion?

Yes. If your motion was ignored or not acted upon by the committee, you can apply for dispute resolution or seek an order for compliance through the Commissioner’s office.

Do I need to disclose disputes when selling a unit?

Legally, sellers are not obligated to disclose every dispute, but they must answer truthfully if asked directly. Smart buyers often request a body corporate records inspection, which will reveal disputes, maintenance issues, and levies.

Can a buyer inherit liability for levies or damages from the previous owner?

Yes. Any unpaid levies or special levies issued before settlement can be passed to the new owner if not paid at settlement. This is why buyers should do due diligence and request a levy certificate.

What happens if the body corporate refuses to pay for something they’re responsible for?

You can raise the issue at a general meeting. If that fails, you can lodge a dispute through the Office of the Commissioner for Body Corporate and Community Management. Ignoring valid responsibilities may also constitute a breach of the Act.

What should I do if the committee refuses to share documents?

You can submit a formal records request and pay a small fee. If they refuse, lodge a complaint with the Commissioner. They are legally required to provide access.

Can owners challenge a past committee decision after it’s been actioned?

Yes, but only within a reasonable timeframe. If the decision was made unlawfully or beyond the committee’s powers, it can be challenged via dispute resolution.

What recourse do you have if the committee refuses to enforce the by-laws?

You can lodge a complaint with the Commissioner’s Office. Failure to enforce by-laws may be considered a breach of duty by the committee.

What happens if an owner is being harassed by another resident?

Start by reporting the behaviour to the committee or body corporate manager. If unresolved, you may apply for mediation or conciliation under the Act. Serious cases may be referred to police or QCAT.

What’s the best way to handle disputes between neighbours?

Try resolving the issue informally first. If that fails, submit a complaint in writing to the committee. If still unresolved, apply for conciliation or adjudication through the Commissioner.

Can a disruptive owner be dealt with?

Yes. The committee can issue breach notices if the person is violating by-laws. Continued disruption can be escalated through formal processes.

Can owners challenge past committee decisions after they’ve been implemented?

Yes, if the decision was made improperly or exceeded the committee’s authority. However, challenges must be made promptly, especially before the effects become irreversible.

Who’s liable if a building is under-insured?

The body corporate is required to insure at full replacement value. If it fails, it may be liable for the shortfall, and the committee could be held accountable for negligence.

Can a committee vote to increase the proposed budget by 50%?

Only if approved at a general meeting by owners. The committee can recommend budget changes but cannot independently implement significant increases.

Can an AGM proceed without a quorum?

Not initially. If no quorum is present after 30 minutes, the AGM can proceed with those present under a special rule — but decisions may be open to challenge if not managed properly.

 

Can a motion be passed with only two votes if no one else votes?

Yes, if a quorum is met and the motion passes under the required resolution type (ordinary, special, etc.). Participation matters.

Can a body corporate raise a special levy without holding a vote?

No. A special levy must be voted on at a general or extraordinary general meeting and approved by ordinary resolution.

Can tenants attend body corporate meetings?

Tenants can only attend if invited, or if they hold a proxy from a lot owner. They cannot vote unless formally authorised.

Can an owner attend a committee meeting if they are not on the committee?

Yes, they have a right to attend as an observer, but cannot speak unless permitted by the chair or if invited.

Can you stop someone from speaking at a meeting?

Only the chairperson can direct someone to stop speaking if their conduct is inappropriate, disruptive, or irrelevant to the motion at hand.

 

How much notice must be given before an AGM or EGM?

At least 21 days’ written notice is required for AGMs and most EGMs. Notices must include motions and any explanatory material.

Can a non-owner raise a motion?

No. Only a lot owner can submit a motion for a meeting. However, a non-owner can help draft one if authorised by the owner.

How do I request a motion be added to the next meeting?

Submit the motion in writing to the secretary before the deadline (usually 21 days before the meeting notice goes out). Include any supporting material you’d like distributed.

What’s the process for calling an extraordinary general meeting (EGM)?

An EGM can be called by the committee or if at least 25% of lot owners request it in writing. Proper notice and motion documentation must be sent out in advance.

What if a meeting was held but no minutes were shared?

The body corporate must keep accurate records of meetings. If minutes aren’t provided on request, submit a formal records request or escalate the matter to the Commissioner’s Office.