Qld - BC Meetings - Cognitive Impaired

Six years ago my sister was unaware she had Progressive MS, had massive attacks, was in hospital for months and at worst on feeding tubes.

Her current state is that she is cognitive impaired; poor memory, short temper, cannot understand conversations at times, cannot think of words, slow to interpret situation. When she's at her worst from stress or being upset she can't think, write, or control her emotions. She can walk but unsteady.

A year ago she sold her house and bought a unit with some assistance from me (in Perth) and my mum. It was quite difficult due to my mum being too old (77) and me being far.

The unit she bought a year ago is in a group of 4. The seller still owns 2, the sellers daughter owns 1. The seller is also the Body Corporate Secretary and she makes all the rules, etc for the complex. There is designated courtyards for private use and common property.

My sister has asked for a Body Corporate Meeting to request lighting outside her front door. The Body Corporate Secretary and my sister are the only 2 attendees. My sister has asked if her support worker through NDIS can attend with her. The Body Corporate Secretary has said she isn't allowed. Under the circumstances could she legally have a support worker with her? She was also considering asking BC Secretary if I could be put on speaker phone instead in case she has difficulty. She has a phone appointment with her doctor this afternoon so we could get him to write a letter.

At this stage my mum has a letter from the doctor advising that she can assist my sister in financial decisions as needed. At this stage she has no power of attorney. My mum and I were going to be put on the documents as power of attorney but the JP they saw asked my sister if she was capable of handling her own affairs which she said that she was and JP would not listen to my mum as he said it was her decision.

I feel uncertain that the BC Secretary is doing things legally. My sister has a tree in her private courtyard. It was growing over into the BC Secretary's courtyard. She wanted it cut so she organised a tree-lopper, paid the tree-lopper, than charged my sister for it. Wouldn't it be her expense as she wanted it done? I told my sister not to pay it but I think she forgets and paid it and also feels threatened. I'm not up to date with BC laws, etc. Would Legal-Aid be able to advise on issues like this also?

Thanks

 

You may find a disability support service can refer a supportive probono lowyer or legal aid may guide her or fund legal support. Ideally if she gave a power of attorney then that person should be permitted to act as if they were your sister and guide her. Would need to be careful about its duration and its powers and Mum may be the best party not a NDIS worker. The BC should be careful as a disability discrimination case could occur. eg Its much like refusing a labrador attend with a blind person or charging them a highfee because they cant see the tree overgrowth.

Legal Aid WA appear to offer free support to disabled.

I would think a light for safety and hazard minimisation is not unreasonable to request

 

Thanks heaps @Paul@PFI - just to clarify she is in Qld, I’m in WA.

 

I once attended a BC meeting as a proxy to the actual owner. We were purchasing the property, the meeting was between signing the contract and the settlement. Filled in a simple proxy form which the vendor (current owner) signed and we had full voting rights at the meeting.

This was in Victoria but I can't imagine that the rules would be different elsewhere. The problem however is the BC chair has their own agenda and might block this (probably not legal, but hard to work with in a small group).

 

Thanks@Peter_Tersteeg. Yes that appears to be the same in Queensland. I found some info. General meeting voting

 

Your poor sister, to be treated like that. Seems like discrimination and harassment (the tree) to me - control freaks. I can't even imagine a unit without a light out front anyway!

Our BC in Qld would be more than happy for you or your Mum to support your sister. We would not even need to call a real meeting - her request would be agreed to and actioned through us all agreeing to her email request. Phone, email - no need to meet in person for such a tiny simple straight-forward request. (But we are all reasonable and nice people)

Maybe this BC doesn't have any cash reserves to cover her request, or the family is being nasty.

* Where my Mum lives there is someone who used to be on the BC who would reject all reasonable requests, eg for safety grabrails for disabled tenants etc. I used to show Mum the BC and RTA legislation that proved this man was wrong but nobody would take him on. I wrote them a polite letter quoting legislation and advising when the contractor would be attending to install Mum's handrail in front of her unit and nothing more came of it. Other residents whinged a bit until they wanted their own devices. Best wishes

 

Thanks @Angel.

 

The outdoor light still hasn’t got approval. The owner who runs the BC has said she can pay for her own light but she will also have to install a seperate electricity meter and pay for all the usage. My sister provided a letter stating her disability and need for it. Other owner- B/C is saying if she falls and injures herself from no light she can sue through insurance cover. They haven’t been able to come to an agreement yet but it will be discussed at the next meeting.

 

Hi, I’m a body corporate manager in Queensland.

New regulations (March 2021) allow a representative to attend meetings, the secretary would be wrong to not permit you to attend (though you cannot vote without a general meeting proxy).

To get decisions made, there is a specific framework that goes:

Motion to committee > answer within 6 weeks > dispute it decision unreasonable.

There are limits on committee spending which, if unchanged from its default, would be $800 for your building. If the work was over that amount, it must go to a vote of all owners.

I could almost guarantee that any adjudicator would order the body corporate to install additional lighting and pay for it, if the committee refused that motion.

Regarding tree trimming in an exclusive use courtyard or within a lot, the body corporate does have a power to step in, carry out work and recover costs, but only if the owner has failed to carry out that work. It also requires paperwork so what you describe doesn’t sound right.

Google “body corporate commissioner Queensland” - that department facilitates the dispute resolution process, and has a free advice hotline which could step you through forms and procedures to force this to an outcome.

These frameworks are designed really to cope with very large bodies corporate, it’s disappointing that a group of 4 can’t sort this out amicably without needing to get technical.

Matt

 

There is a great Facebook support group Multiple Sclerosis Australia. It’s a private group with a lot of helpful and knowledgeable people. You, your mum or sister could join and ask there. Good luck

 

Thanks Matthew and Islay.

I’ll look into these suggestions, much appreciated.

 

Two years and still no satisfactory outcome? OMG

 

Yep! The old girl is very tight! My sister has been using her own solar light but would prefer a proper light. It’s hard work!