Saturday, June 26, 2010

Levy Equalisation Fiasco continues

Minister Peter Lawlor announced some months ago that he would be changing the legislation so that "millionaire penthouse owners" would no longer be able to exploit a loophole to have their Body Corporate Levies slashed at the expense of smaller unit owners.

Whilst we continue to await for the changes to the legislation to be put forward, QCAT continue to rule on applications to equalise levies. The latest ruling for Palm Springs Residences determined in favour of the applicant to reduce the levies in penthouses on higher floors and increase the levies for those on lower floors.

One has to wonder whether Peter Lawlor was premature in making his announcement. Although he continues to assert that the legislation will be changed there is no guarantee that this will actually happen and his announcement may have had the affect of falsely raising the hopes of residents who face significant rises in their levies.

The fact is that if he doesnt do something soon it may be too late and he could be sitting in opposition.


The opinions expressed in this blog are personal and not intended in to be advice in any way. I have spent many years participating on a number of different Body Corporate Committees. I am a dealer in Vintage Movie Memorabilia specialising in original movie posters and movie art. also present a radio programme on Jazz Radio 94.1fm Monday - Friday afternoons on the Gold Coast.

QCAT highly critical of Body Corporate Manager SSKB

QCAT recently ruled on an application to equalise the levies at Palm Springs Residences. The determination was given in favour of the applicant. Part of the determination was highly critical of the SSKB representative/consultant who acted on behalf of the BC.

"It is difficult to ascertain how he can assert, in any meaningful way, that he is not aware of any possible or perceived conflict of interest".

"It is of concern that Mr Walsh's final conclusion in his report of 22 September 2009 (exhibit 3) is identical to the terms of the defence filed by the Respondent".

"The adoption of the practice of body corporate managers purporting to act both as "experts" and "representatives" in the same case is not one which should be encouraged."

"These sections of his report are common to all such reports emanating from SSKB".

Hardly a glowing endorsement for SSKB - Stewart Silver King and Burns. Hopefully they will take the free advice from QCAT and reconsider their future involvement in these matters.