FAQ

It can be very confusing for people not used to dealing with Body Corporate as to who does what. It’s understandable when the roles sound the same eg: Body Corporate, Body Corporate committee, Body Corporate manager.

The information here is intended to be an overview only. Full descriptions and roles can be found on the Body Corporate commissioner’s website and in the legislation. Click here for more info

The Body Corporate
In Titles Office jargon, an apartment building, commercial complex, gated community etc is referred to as a community title scheme, and each owner is a member of the Body Corporate.

The Body Corporate is the legal entity that is responsible for administering the common property within the scheme; and ensuring compliance with legislation.

The Body Corporate is registered as a business for ATO purposes, and some are registered for GST.

In a high-rise apartment for example, the common property generally includes the exterior of the building, the roof, basement car parking, driveways and facilities such as tennis courts or pools.

The Body Corporate is responsible for insuring the common property (amongst other things) and for maintaining it. See the section on building format plan and standard format plan for more information on what is common property and what is an individual lot.

Body Corporate Committee
The Body Corporate is managed by a Body Corporate committee. This committee is voted in at an annual general meeting where all owners are given the opportunity to vote and help make decisions on the management of the building complex.

The committee is empowered to make day-to-day decisions on behalf of the Body Corporate within expenditure and legislative limits (let’s face it have you ever seen 50 people agree on the spot for anything). Other decisions might need to go to the annual general meeting for all owners to have a say.

In Queensland, legislation determines how a Body Corporate operates. Click for more info

The legislation and associated regulations specify who can be on the committee, and what the roles of committee members are; as well as what types of decisions can be made, and how much money the committee is able to spend.

Body Corporate Managers
The legislation provides for the employment of Body Corporate managers (such as FAIRPAY Strata) to assist the committee in meeting its obligations. The Body Corporate Manager undertakes administrative and business management for the Body Corporate. They provide advice to the Body Corporate and committee but the decisions are made at AGM or committee meetings by owners and committee members. Body Corporate managers cannot make decisions; and they are not maintenance managers.

Generally, if the work you need to undertake is within your lot, it is your responsibility as an owner.

The body corporate is responsible for what is known as common property. However, what is identified as common property in one complex may not be in another. In an apartment highrise for example, outside of your unit is generally common property. In a villa complex sometimes the exterior of your villa might be included in your ownership. To help determine what maintenance and repairs are your responsibility and what are the body corporate’s you need to know is whether your complex is registered as a building format plan or as a standard format plan.

Building Format Plan (BFP) or Standard Format Plan (SFP)

The first piece of information you need to know is whether your complex is registered as a building format plan or as a standard format plan. The developer who built the complex you are now living in would have registered it as a community title with the Titles Office. In doing so it would also have been registered as one of these two types of plans.

The survey plan for your building should indicate what type of plan it is. You may also see the acronyms BUP or GTP (these are the old titles Building Unit Plan and Group Title Plan) which are now BFP and SFP respectively.

Where available you should find the survey plan on the Owner’s Portal, otherwise contact FAIRPAY Strata for information

Building format plan

This is the plan type commonly used in high-rise apartments, and many people are familiar with it. In a building format plan the exterior of the building is common property – in fact everything outside of the individual lots is common property. Stairwells, lift foyers, basement carparks, the roof, gardens, pools etc. So the exterior walls and windows in exterior walls are generally common property. If you have a balcony on title to your unit, any windows or doors that open onto that balcony are within your lot, and are therefore your responsibility. The exterior of the balcony is common property and this generally means that the balustrading is body corporate maintenance.

In a building format plan, there may also be exclusive use of common property (and this would be identified in the Community Management Statement - CMS). It is very common for car parking to be allocated as exclusive use in these circumstances; and, some ground floor units might be allocated exclusive use to a courtyard. While the land is still officially common property, the exclusive use owner is expected to maintain it. This exclusive use is in perpetuity and can be included in the sale of the lot.

Standard format plan

The second type of plan is generally used when the living spaces are next to each other, not on top of each other. This could include townhouse complexes, even if some have shared walls, or standalone Villas or houses in gated communities. Having said that, you need to check the survey plan, as some developers in the early days registered townhouse complexes as Building Format Plan.

There is very little common property in a standard format plan community, as most of the land is attached to an individual lot. You own the land that your unit is on – just as you would in a private house. The survey plans will show the boundaries of your individual lot. So you are responsible for your exterior walls and windows, as well as your roof. Generally a garage or car park would be included in the title. What is common property is any gardens outside of the individual lots, roadways to access the lots, and pools and other facilities available to all owners.

The Body Corporate Commissioner’s website has more useful information: Visit Website

The Body Corporate is responsible for insuring common property, as well as any - Body Corporate assets: and for providing public liability for common property. Actual building insurance differs depending on whether the building is a building format plan or a standard format plan. 

Building format plan is the type of plan mainly used for high-rise complexes; but also may be used for some townhouses. In this type of plan the body corporate owns the building and must hold insurance for the full replacement value. In a standard format
plan the body corporate must hold replacement insurance only for those buildings where individual lots have an adjoining wall E.g. connected townhouses. Any lots that are freestanding the owner has full responsibility for building insurance.

As in all insurances, insurance cover only applies in certain insurable events. You will need to review your Body Corporate and private insurances to see what cover is applied.

Where the body corporate has building insurance as outlined above, legislation specifies certain items that will /will not be covered by that building insurance. Click for more info

In a standard format plan where the Lots are freestanding, the Body Corporate does not provide any insurance for the buildings in the complex. The owner is responsible for all insurance (eg: contents, building, public liability) to cover their lot.

In either situation owners should always have public liability for within the lot, as well as their own contents insurance. An owner who is intending to rent out their lot should also take out tenant’s insurance.

FAIRPAY Strata can provide an insurance report to owners, and encourages owners to contact the insurer for expert advice on insurances they may need to provide. They can also find more information on the Queensland government’s website:

Visit Website

Body Corporate Legislation

The Body Corporate and Community Management Act 1997 and the associated Regulation Modules (Accommodation, Standard, Small Schemes and Commercial) is Government legislation that determines how a Body Corporate is to function. View the act. 

Prior Legislation may still be in effect for buildings built during their active dates. BUGTA (Building Units and Group Titles Act) is one such former legislation that may affect some buildings By Laws.

By-laws

Living in a Body Corporate is similar to living in a small community – your actions affect others. By- laws are a set of rules that are set down to ensure that all occupants can sensibly and peacefully enjoy the common facilities together. Common By Laws often relate to renovations or alterations to the Lot, parking, animals on site, etc. You should become familiar with your By Laws and should obtain a copy from your real estate agent before your purchase. Otherwise contact this office for a copy.

It costs money to keep common property of the body corporate running and in good repair. So every property owner has to, by law, contribute to the fund of the body corporate. These contributions are called levies.

Each year at the Annual General Meeting of owners, the Body Corporate Committee puts forward a proposed budget for the following year as well as associated levies to provide the funding for the budget. In most buildings, levies are issued quarterly, and the Body Corporate Manager does this on behalf of the Body Corporate.

Levies are based on the budget needed for expected expenditure (and saving for larger future expenditure). Each year, levies are attributed to the administration fund (day to day expenditure) and the sinking fund (for capital improvements or future expenditure) as per the Sinking Fund Forecast.

Administrative Fund common expenditure:

• Electricity

• Insurance

• Rates

• Garden Maintenance

• Body Corporate Manager fees

Sinking Fund common expenditure:

• Fences

• Lift works

• Works that are not day to day

This is one of the most contentious areas of living in a Body Corporate. Well meaning agents may suggest a particular complex is “pet friendly” but that doesn’t mean you can have any pet you want – you will still need prior written approval of the Body Corporate committee.

It all depends on the by laws for your Body Corporate. Make sure to get a copy and go through them. In most cases, unit owners can access the relevant By Laws on the owner’s portal, or contact FAIRPAY Strata.  

Most by laws will include one needing written permission of the Body Corporate committee before you bring an animal onto the premises. You would need to submit a written application with evidence of animal registration, microchipping, desexing etc.

See our Animal Application form click here to complete and load attachments online or to print a PDF and email it.

The Body Corporate Commissioner’s Web page has more information on animals in Body Corporates – click here

Guide Dogs
If you have a disability under the Guide, Hearing and Assistance Dogs Act 2009 and rely on your animal, you do not need to ask permission before bringing a dog into a body corporate property (although you do need to provide evidence as per the Act). This is not governed by Body Corporate Legislation, but by the specific Queensland Legislation. You will need to provide your registered identification cards to confirm. A letter from a Doctor does not meet the requirements – both you and your animal have to have completed the required training and have the documentation to prove it.

See the Qld government website here:
https://www.qld.gov.au/disability/out-and-about/ghad