Strata Tip #79: Insurance – Consequences of under insuring

The obvious consequence of under insuring is that if you do need to make a claim, there will be a short fall between the proceeds of the claim and the damage that you have suffered.  It’s pretty hard to reconstruct a $10 million building, with $8 million.  Bodies Corporate are generally obliged to obtain a […]

Strata tip #70: By-laws – Less enforcement means more breaches

It is one of the fundamental roles of a body corporate to enforce the community title scheme’s by-laws.  If the committee, or majority of owners, don’t want to enforce a particular by-law then the correct thing to do is to amend the by-law.  Unless or until the by-laws are changed, with very few exceptions, bodies […]

Article: Let it go

Covid-19 lockdowns appear to have provided fertile ground for disputes in Queensland Community Title Schemes.  Montego Sands [2020] QBCCMCmr 160 is a case in point. In Montego Sands the Body Corporate brought an Adjudication Application seeking orders to restrain breaches of the By-Laws; (a) drinking alcohol and bringing glass into the pool area and (b) […]

Strata Tip 63 – Concept and design – Minimise the dangers of mixed use

Separate different uses physically, and if possible legally.  In community title schemes opposites do not attract.  The archetypal dispute ridden complex is the one that contains residences plus a restaurant and bar.  Mixed use executed correctly can provide significant advantages both in terms of the marketing and sale of your product and the lived experience […]

Article: Better to ask Permission than Forgiveness

It’s an increasingly common, but increasingly disappointing, phenomenon – owners bringing their pets into a Community Titles Scheme before obtaining a Pet Approval. The “conventional wisdom” seems to be that because a Body Corporate can’t refuse a Pet Approval these days (after all by-laws banning pets are void aren’t they?) why not simply bring your […]

Article: That Sinking Feeling

On 21 May 2020 the Queensland Parliament passed the Justice and Other Legislation (Covid-19 Emergency Response) Amendment Act 2020.  The Act includes a new Part 3 into Chapter 7 of the Body Corporate Community Management Act 1997. The purpose of the new provisions is to help alleviate the financial burden caused by the Covid-19 emergency […]

Article: Chairperson bullies Caretaker

Bullying in a workplace is unlawful in Australia. Even Caretakers who are contractors of a Body Corporate are protected from bullying by committee members. Read the article  Chairperson bullies caretaker to find out more about the decision of the Deputy President of the Fair Work Commission.

Article: Terminator – (do you pay until) Judgement Day

If a Body Corporate has terminated the Caretaker’s Agreement, the Caretaker is disputing the termination in QCAT but continues to perform the caretaking duties, does the Body Corporate have to continue to pay the Caretaker’s remuneration? Read the article: Terminator – (do you pay until) Judgement Day

Article: Kerb Your Enthusiasm

What Uber did for “ride sharing” Kerb is now doing for “car park sharing”. Before you start renting out your car parking space however, have a think about the risks for you and your Body Corporate… Read the Article – KerbYourEnthusiasm “sharing” private car parks by Michael Kleinschmidt – Stratum Legal Pty Ltd & Steve Vlatko-Rulo – Downes […]

Management Rights Seminar – 8 July 2017

Join us for an in depth education event on the Management Rights Industry on Saturday 8th July 2017, on the Gold Coast. Over a dozen Industry Professional Speakers will provide a full overview of the Industry in plain English. In addition to our usual 4 industry expert speakers covering Legal, Brokering, Finance and Accounting, you will […]

Tip 9 – Getting ready to sell

Have a sales plan! – Those who fail to plan, plan to fail. Make your plan flexible enough to cope with a buyer who walks through the door with an offer you can’t refuse.

The decision of Isle of Palms Resort CTS 20860 [2010] shows that a by-law banning pets will be overturned on adjudication for being oppressive and unreasonable. Visit link to read full article: Enforcing Pet By-Laws by Michael Kleinschmidt,  Re-published 13 October 2014

News & Publications

Michael currently writes on practical strata subjects for Thomson Reuters Property Law Review, gives a presentation every month or so, and regularly contributes to strata law reform. Most of his recent and relevant articles and presentations are attached below.