How far can a body corp go?

Discussion in 'Legal Issues' started by grk349, 16th Mar, 2021.

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  1. grk349

    grk349 Well-Known Member

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    My 30 year old townhouse has weathered paint. The body corp want me to maintain it in keeping with the rest of the houses. It's really not that bad. I feel they're being pedantic. It's not the first time that they've bullied me into paying for what I see as unnecessary costs.

    As this is a matter of subjectivity, how could they enforce this? Isn't that the same as saying "maintain grass to a reasonable height"?

    Could they get a legal enforcement on this? I really don't want to have to pay for a lawyer to defend myself.

    Thanks
     
  2. thatbum

    thatbum Well-Known Member

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    What do your bylaws say?
     
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  3. Marg4000

    Marg4000 Well-Known Member

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    How bad is the paint?
    Is it cracked, peeling and blotchy?
    Does it detract from the others?
     
  4. Stoffo

    Stoffo Well-Known Member

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    Unlike many other states, in Qld you often own the structure not the Body Corporate.

    You may find the bylaws cover this, and as such once notified you likely have to conform or could be liable for their costs to enforce (bylaws are enforceable, and you agreed to them by purchasing ! ).

    If the Body Corporate were smart they would have a maintenance plan, and when deemed "due" for various works obtain quotes to paint/roof/pest control/other all units at once (equalling a cheaper price for each lot overall, as opposed to each unit/lot individually).
     
  5. Shazz@

    Shazz@ Well-Known Member

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    Can you post photos of your property versus another in the same complex that doesn’t need painting?
     
  6. grk349

    grk349 Well-Known Member

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    thanks for the replies. I need to look into bylaws.
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    If the paint is 30 years old they possibly have a point and it appears aged and well weathered. "Its not that bad" suggests you accept it isnt as well maintained as it could be.
     
    Marg4000 likes this.