Get your vote in now for a better body corporate committee
Monthly Archives: September 2024
Vote for our four motions at the 2024 AGM
MOTION 9: SOLAR POWER – VIABILITY ASSESSMENT
[ X ] Yes [ ] No [ ] Abstain
Ordinary Resolution – Proposed by: Xueshan Jia Co-owner Lot 1142
THAT the body corporate approve engagement of a solar company, who is a qualified solar energy company, at a no cost of bodycorp to have quota from solar company to install free solar system and battery funded by government renewable energy scheme on Level 3 of Southport Central Residential to provide electricity to the Residential pool deck and recreation areas including pumps and filtration equipment for three pools and two spas, Resident’s lounge, Function room, gym, sauna and steam room, lighting across the pool deck including paths, gardens and multiple BBQ locations – with any shortfall (for example at night) to be satisfied using energy supplied through the embedded supplier.
AND FURTHER
(a) the Body Corporate Committee engage at least 5 solar companies within 60 days of the AGM; and
(b) within 60 days of being engaged, the Solar companies provide a comprehensive written report on the viability of installing a solar system on the pool deck, the report to include an overview of the general design and estimated cost of supply and installation of a system of solar panels and battery system on top of existing roof of Gym ( more than 400m2 ), indoor pool roof ( more than 200 m2 ), conference room roof ( more than 100 m2 ), roof of Barbecue shed ( more than 100 m2 ), and perspective the North-East wall of the pool deck and several low level structures and plantrooms, and an estimate of the annual value of the savings in electricity costs.
AND FURTHER, the committee upload the quotas from 5 solar company to the Body Corporate Portal within 14 days of receipt or otherwise ensure the report is made available to all owners at no cost.
AND FURTHER, a motion be included on the agenda of the next General Meeting, following receipt of the quota, for owners to consider the adoption of the quota from each solar company.
Click here for more information
MOTION 10 ELECTRONIC VOTING
[ X ] Yes [ ] No [ ] Abstain
Proposed by R Cartledge & M Lim, Lot 1255, I Aden, Lot 1265, M & A Walton, Lot 1346, J Butler Lot 22703, Xueshan Jia Lot 1142, D Hicks Lots 1195 & 31702, B Walker Lot 1104, T & P Sanhueza Lot 32001, R Manchip Lot 32002, C Griffith Lot 32803
THAT the body corporate resolves to introduce electronic voting to enable owners to vote online at all general meetings (eg Annual General Meetings & Extraordinary General Meetings);
FURTHER, the body corporate use an online voting system that complies with the Electronic Transactions Act (Queensland) 2001;
FURTHER, that online voting commence at the first meeting post 1 January 2025; AND FURTHER, that in addition to the usual information which must be contained in the Meeting Notice (as to where and when meetings will be held), owners be advised that they may vote using traditional methods, ‘attend’ meetings to vote in person, or vote online, with details of how to vote online clearly explained in the Meeting Notice.
Click here for more information
MOTION 11: RESTORE THE GENERAL LEDGER TO THE BODY CORPORATE PORTAL
[ X ] Yes [ ] No [ ] Abstain
Ordinary Resolution- Proposed by R Cartledge & M Lim Lot 1255, I Aden Lot 1265, J Butler Lot 22703
THAT the body corporate resolves to direct the Body Corporate Manager to restore the General Ledger (in its previous interactive form) to the Body Corporate Portal.
FURTHER, in the event the Body Corporate Manager fails to restore the General Ledger to the portal within 30 days, the Body Corporate Committee thereinafter publish a Monthly Newsletter to all owners either including a link to the General Ledger and accompanying invoices, or attach a copy of that months General Ledger in PDF format including:
• the date of the transaction
• the name of the service provider
• the invoice number
• an interactive PDF to open the invoice
• the invoice amount
Click here for more information
MOTION 12: BODY CORPORATE BY-LAWS
[ X ] Yes [ ] No [ ] Abstain
Ordinary Resolution – Proposed by: I Aden owner Lot 1265
THAT the current Community Management Statement (CMS), which includes the Body Corporate By-laws for Southport Central Residential, be uploaded to the body corporate portal within 30 days.
FURTHER, upon a new Community Management Statement being registered, it be uploaded within 30 days of being registered with Titles Queensland.
FURTHER, in the event the Body Corporate Manager fails to upload the CMS to the portal within the said 30 days, the Body Corporate Committee publish forthwith, a newsletter to all owners attaching a copy of the CMS in PDF format.
Newsletter 4/24, Sep 9
Vote for careful spending of owners’ monies
Urgent reforms are needed to body corporate law
Strong, clear body corporate laws are necessary because in some buildings, relations between owners, the Body Corporate Committee and Body Corporate Manager are at loggerheads. Ill will, legal action, money making schemes, and a lack of transparency in the operation of sinking funds (in many cases holding millions of dollars) are reasons for this. Laws and regulations need to be built on the principles of fostering transparency, accountability and ethical behaviour. State governments will have to shoulder the blame of body corporates being in turmoil if they don’t give owners the tools to ensure they operate beyond reproach.
Here are issues that warrant attention:
- As things stand, anyone can set themselves up as a Body Corporate Manager. They should be required to be members of a reputable, accredited Body Corporate manager’s organisation that has an enforceable code of conduct and that sets minimum relevant qualifications and experience.
- Owners shouldn’t need to fight to access body corporate financial records, the owners’ roll, committee minutes and other documents. The documents can be available to owners through their individual login credentials to a website or community portal. Virtually all documents are now created electronically and are easily uploaded. Some matters might need to be temporarily embargoed on commercial-in-confidence or other special defined grounds.
- Owners should not be charged for a document that can be available through the Body Corporate website or community portal for free. Legislation currently allows our Body Corporate Manager to charge owners more than $1000 for just the owners’ roll, which already exists in digital form, and which could be provided in seconds at the touch of a button. Owners have an unarguable right to see exactly what records exist. They are the owners’ records and should never be inaccessible or secret. There is no need for an owner to have to pay anything to simply download anything to their own computer or mobile.
- Where access to documents is refused, the Body Corporate Commissioner’s office should be empowered to instruct the manager to make those documents available straight away. Owners should not have to launch lengthy proceedings before a tribunal to get them. This not only inconveniences owners, it also can cause months of delay and clog the system with lengthy hearings on trivial matters, resulting in inefficiency and an unnecessary cost to taxpayers.
- The tribunal process in Queensland needs to be overhauled so that cases are not delayed for lengthy periods. The same applies to appeals. For example, in one case, a legal firm was able to delay a pending appeal for two years, an action that has frustrated residents who won the original adjudicator case and who are then denied implementation by a legal appeal with multiple extensions of preparation time. Extensions can be granted with little justification. Residents can run out of time and funds defending a tribunal decision already made in their favour. That is unjust.
- We also hold concern about the enforcement of an adjudicator’s orders. As things stand, a successful appellant has to privately take a matter to the Magistrate’s Court to have an adjudication enforced. Clearly this can be beyond the financial capacity of the average owner, where an adjudicator determines in their favour. Maybe an order should be referred directly to a court if not complied with within a certain time?
- Body corporate committees should be required to publish at least monthly updates on ongoing works and timetables for necessary major works. This is especially essential when residents’ safety is at stake.
- It should be compulsory for body corporates to use electronic voting for body corporate elections. This will help reduce the incidence of vote rorting, such as the distribution of already filled-in ballot papers to some unit holders. It will also aid interstate and overseas owners who have a right to be active in body corporate affairs.
- Any advice to the body corporate on loans and investments should canvas a wide variety of investment options and any recommendations should weigh up those options. Financial advice obtained by a body corporate should be available to owners in full before any financial decision is voted on, to prevent owners being misled.
Owners need these tools to gain access to documents and information to ensure the millions in sinking fund accounts are spent ethically and that these funds do not become a honeypot that attracts unscrupulous operators, who also risk giving body corporates a bad name among potential investors. Clear and strong laws and regulations also will allow disputes about access to documents and other less complex matters to be settled on the spot, rather than be the subject of applications to the Body Corporate Commissioner’s office, resulting in hearings and deliberations which tie-up the office’s scarce resources and waste taxpayers’ money.
Meet our candidates for the body corporate committee!
Three fresh faces on the committee will make a huge difference. Currently, many aspects of our financial affairs are hard to come by. The general ledger, which details ongoing spending, has been removed from the owners’ Community App. We don’t know the current planning and cost of long-term maintenance as the last publicly available sinking fund report was 2018. Yet there is increasing rust around our community area. The gardens look dilapidated. Neglected maintenance erodes the value of your apartment. We continue to face massive legal expenses. Our three new faces will advocate transparency and accountability so that owners are in control of levies and spending. So please vote for them!
Xueshan “Jimmy” Jia (for chairperson)
I am a highly skilled professional engineer, with a PhD in material engineering and Master of Engineering Science. I bought into Southport Central 5 years ago and have a deep understanding of critical issues facing our community. I am well connected and want to bring my professional experience, dedication and sharing spirit to the committee and the complex and propose positive change. And we need to be far more open with owners on how we spend their moneys.
Isabella Aden (for the committee)
As an owner and resident for the past 22 months, my interest in body corporate matters has grown. My 20-year tenure in education has honed my skills in collaboration, communication, and listening. I consistently advocate for fairness and equity in all facets of life. As an avid gardener, I’m aware of the importance of maintaining our complex. I offer a fresh perspective and impartial opinions on important issues affecting Southport Central. As T Fuller said: “Good is not good where better is expected.”
John Butler (for the committee)
I’ve been a resident since 2013 and have body corporate committee experience as a chairperson, secretary & treasurer. I’ve been on government, international, university, professional & community committees and was federal president of my professional association. I graduated from Canberra University, with post graduate qualifications from QUT. I have worked in all levels of government, including as department head, have lectured at universities, represented Australia at WHO, and led a government trade mission to Indonesia & Thailand.
How to vote
Complete Management Group should have sent you this AGM notice. The notice includes your voting paper. You need to fill it in, sign it, & either email the completed voting paper to secretary.cts35751@completemanagementgroup.com.au, or post it to The Secretary CTS 35751, c/- P O Box 3571, Australia Fair, Queensland, 4215 before the AGM on October 31. You must be an owner to vote.
TO AVOID VOTER FRAUD, DO NOT ACCEPT A PARTLY FILLED IN BALLOT PAPER FROM ANYONE.
Why are we paying to access Body Corporate by-laws?
We have the ridiculous situation that you pay to obtain a copy of the Body Corporate By-laws which set out the rules you observe as an owner at Southport Central Residential.
So we’re doing something about making it available to owners for free.
Motion 12 on the 2024 voting paper urges owners to vote in favour of free access to the Community Management Statement (CMS). This includes the by-laws for Southport Central Residential, being uploaded to the body corporate portal and that any new CMS also be uploaded.
Body corporate by-laws are a set of rules that a body corporate makes to control and manage:
- the common property
- body corporate assets
- services and facilities provided by the body corporate
- the use of lots.
The by-laws also regulate the behaviour of residents on matters such as vehicle parking, the use of recreation facilities, garbage disposal, the keeping of animals, noise, alterations to the interior of lots, wireless and television aerials, and the use and washing of balconies.
It is important that owners and renters be aware of the by-laws which apply to Southport Central Residential as there is a legal obligation to comply with them.
The ‘Residents’ Information Book’ published by the Body Corporate Committee, summarises several of the by-laws and tells residents that ‘a contravention of our by-laws can result in action being taken pursuant to legislation, which may result in a penalty being issued through the Magistrates Court of up to $30,000.00.’
While the Residents’ Information Book, is helpful for renters, owners should have ready access to the actual by-laws, which are far more comprehensive. The Body Corporate Commissioner’s website notes that ‘Many body corporate committees give copies of the by-laws to owners and occupiers, so they know their rights and responsibilities’ – but our committee chooses not to do so.
Normally you access the By-laws by obtaining a paying for a copy of the current Community Management Statement. The By-laws are listed at pages 41-58. The document is available online through ‘Titles Qld’ (formerly the Land Titles Office, Queensland) for $45.37, or from the Body Corporate Manager at Southport Central Residential for $66.50.
HOWEVER, YOU CAN DOWNLOAD THE COMMUNITY MANAGEMENT STATEMENT FOR FREE HERE (PDF FORMAT).
To further assist owners regarding the steps they may take if another owner or occupier has breached the by-laws, follow this link.
Owners are in the dark on ‘real time’ spending
The Body Corporate Manager (BCM) is responsible for maintaining the Body Corporate Portal, which until July 2023 included a ‘Financials’ tab which let owners inspect, for example, the body corporate ‘General Ledger’. It disclosed, in near to real time, all payments made by the body corporate to service providers and allowed associated invoices to be inspected.
In July 2023, the BCM was advised that certain invoices on the General Ledger would not open and asked that she correct the problem. In response, she removed the ‘Financials’ tab entirely from the portal and has not reinstated it. This is despite requests to do so.
Transparency in body corporate financial management promotes accountability. When such information is openly shared, owners can see how their contributions are being used. This creates a sense of ownership and encourages owners to take greater interest in body corporate affairs, which can help prevent financial mismanagement.
Annual body corporate expenditure usually exceeds $4 million! Responsibility for authorising payments for all goods and services is in the hands of the committee, which is comprised of unpaid volunteers.
Restoring the General Ledger to the portal will enable ALL owners to oversight body corporate expenditure throughout the year, in ‘real time’. They will be able to question transactions, as was the case until July 2023 when the General Ledger was removed in questionable circumstances.
Legislation provides that all members of the committee must be allowed access to the body corporate’s records, without payment of a fee.
If the BCM is unable or unwilling to reinstate the General Ledger on the portal, the Committee is equipped to publish a Monthly Newsletter to all owners, with a link to the General Ledger including invoices, or attach a copy of that month’s General Ledger.
Using solar energy will save us money
Global warming has and will continue to be a major cause of extreme weather disasters. Clean energy is the only way to save our environment for future generations.
We should take advantage of the government’s clean energy scheme to reduce the carbon footprint in our community and to save money at the same time.
Both solar panel and battery system can be subsidized by the government’s clean energy scheme.
We have total of more than 800 m2 of existing roof area on the level 3 entertainment area that is empty and available for installing solar panels. This includes more than the 400 m2 roof area on top of the gym building, more than 200 m2 of the indoor pool roof, more than 100 m2 of the conference room roof, and more than 100 m2 of the barbecue shed roof.
The removal of the trees along the length of the northeast wall on Level 3 has created an opportunity to install a line of solar panels atop the length (of almost 140 metres) of the 1.5 metre high parapet/wall. We could add another 200 m2 solar area.
Using solar to provide electricity for the recreation facilities would not result in any direct savings on electricity bills for individual apartments, but it would reduce the overall cost of providing electricity to common areas which in turn would reduce body corporate electricity costs and thereby produce saving for owners.
We estimate that solar panels could generate more than 100kw and the saving could be more than $65,000 per year.
Installing solar also is an opportunity to invest in our own complex and demonstrate a commitment to reducing energy costs. There are numerous environmental benefits of solar panels including the generation of clean, renewable energy and a reduction of greenhouse gas emissions.
Are there maintenance costs for solar power system? No, solar companies provide a 10-year warrantee for system and a 20-year warrantee for the panels.
Is there any compliance issue with AS/ANZ 3000:2018? Not at all. AS/ANZ 3000:2018 is an electrical wiring standard. All solar panel system and battery system are designed in compliance with AS/ANZ 3000:2018. It is not a question at all.
Solar companies are legally responsible to install the system per the AS/ANZ 3000:2018 requirement.
Newsletter 3/24, Sep 4
Vote for fresh faces on our Body Corporate Committee
Beware of ‘entities’ advising you how to vote
Voters should be wary of the motives of entities with commercial interests who want them to ‘sign’ completed voting papers.
In the past, in some locations, these entities have contacted owners in relation to voting at the Annual General Meeting, invited them to ‘sign’ completed voting papers and advised them that once signed, to submit their voting papers in the manner stated on the voting paper.
Lobbying in relation to body corporate matters is not specifically regulated by legislation. But those persons who engage in such conduct in pursuit of personal and/or commercial gain, know that such conduct is contrary to the spirit and intent of the legislation.
They have intentionally misled lot owners to believe it is permissible for another party to fully or partially complete a voting paper on behalf of the owner. It is NOT.
In the case of Bayview Residences, the Body Corporate Adjudicator concluded that:
“If an owner simply signs a voting paper when someone else has ticked ‘yes’ or ‘no’ against each motion then the owner is not completing their voting paper themselves . . .” and declared those votes invalid.
Make your vote count. Please take a few minutes to read the voting papers and vote in favour of the results you want – not what someone else wants.
WANT MORE INFORMATION ABOUT A MOTION?
In the case of Ipomoea Court the Body Corporate Adjudicator said: “Each lot owner has 21 days’ notice of the motions on the agenda. If he or she wishes to find out more about a motion, he or she may contact the proponent of the motion, or the committee.”
Take time to read the AGM motions and if the explanatory notes are not clear, submit your questions to the Body Corporate Manager (cmg@completemanagementgroup.com.au) before you vote.