goldcoast - Southport Central Residential Owners

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.

The Gold Coast City Council builds and maintains the city’s infrastructure, including roads, parks, traffic signals, libraries, community centres, etc. To pay for this, it charges property owners general rates. This used to be a fairly simple charge assessed as a “rate” in the dollar based on the value of a property.

^{Interview with a Southport Central resident, July 29, 2024}

The council has claimed that it has set a general rate of just 4.4 per cent. That, however, is very misleading as it is just the average across the whole city. In practice, the council has levied an additional view tax on all apartments in the Gold Coast resulting in an up to 50 percent increase in rates.

The new tax mirrors a “sunshine” tax first levied in England in 1696. It taxed property owners on the number of windows on the theory that the more windows, the wealthier the owner. It was repealed more than 170 years ago. The Gold Coast City Council’s version is that the higher your floor, the wealthier you are.

It goes like this: The higher the floor, the better the view; the better the view, the more valuable your apartment; the wealthier you are; the wealthier you are, the more you can afford to pay.

^{Southport Central resident Chris Griffith and Laura Bos, the general manager of the Strata Community Association Queensland, discuss the ‘view tax’ on Seven Sunrise, Sept 4, 2024.}

The council says this is a fairer and more equitable way to set rates. But only for rating apartments. What do you think??? It affects every apartment owner, whether an investor, a retiree on a fixed income, an ordinary working person, a single mother, etc.

We all know this formula is fatally flawed and without any logical basis. No two views are equal. Many lower floors in some buildings can have a different and often better outlook than some higher floors that look into an adjoining building metres away.

Multi-million homes have very valuable views across canals as do mansions with absolute beach frontage and ocean views. They do not suffer a view tax.

The council acknowledges that it is far less expensive to maintain infrastructure for apartment owners than for low density suburban areas. Yet it singles us out to grossly
subsidise those suburban areas.

You receive higher rates depending on your floor

It is up to owners to protest this anachronistic, unfair and discriminatory view tax. Many of us have already written to our local councillor and our Member of Parliament.

We have also written to the state Minister for Local Government responsible for the legislation that lets the council impose this tax, and importantly, given the impending state election, the Shadow Minister for Local Government.

All owners need to write to ALL of these representatives telling them what we think of this and demanding the repeal of this tax.

Click here to protest to the council.

Email Ms Meaghan Scanlon, Minister for Local Government, Queensland 4000, housing@ministerial.qld.gov.au.

There’s also Ms Ann Leahy, Shadow Minister for Local Government, Queensland 4000, warrego@parliament.qld.gov.au.

Tell them that higher floors don’t equal an ability to pay up to 50% more in rates than a property owner in the suburbs or a multi-millionaire living on a canal.

Do it now!

Tag Archives: goldcoast

Why are we paying to access Body Corporate by-laws?

How the nasty council ‘view tax’ works