Qld Strata - Joining Class Actions

January 23, 2021 Edward Dever

Piper Alderman has filed its class action against Stanwell Corporation Ltd and CS Energy Ltd. (The Qld Energy Class Action has been filed)

The claim relates to alleged conduct which resulted in artificially inflated electricity bills between 2014-2019.

There has been some discussion in Qld strata circles whether Committee approval is sufficient to join the class action or whether a special resolution at a general meeting is required.

Subject to certain exceptions, Committees cannot "start a proceeding". A special resolution at a general meeting is required. Owners at a general meeting can generally ratify past actions of the Committee. For example, see:

Body Corporate for Quay Terraces Cts v Brisbane City Council [2016] QPEC 12 (8 March 2016)

Bahlaka Lodge [2020] QBCCMCmr 505 (30 September 2020)

The view of several strata managers is that Committee approval is sufficient.

There is little clear guidance. As at December 2020, the Qld Office of the Commissioner for Body Corporate and Community Management had not issued any guidance on a body corporate joining class actions. Nor does the legislation specifically deal with class actions.

Given the possible payout, it will be uneconomic for most bodies corporate to seek legal advice on the issue.

In the absence of specific guidance, it may be appropriate for bodies corporate at their next AGM to approve the Committee's actions, thus putting the issue beyond doubt.

'Australia's largest energy class action' filed against Queensland power companies accused of driving up prices illegally

January 2021

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Qld Land Tax Covid-19 Relief - How Does It Work?

June 1, 2020 Edward Dever

Qld landholders who pay land tax may be entitled to relief if a tenant's ability to pay normal rent is affected by Covid-19 or you cannot rent the property for the same reason.

If tenanted, you need to provide rent relief to the tenant for at least the rebate amount. For vacant properties, you may apply the relief towards financial obligations. In each case, you must comply with these leasing principles. https://bit.ly/3ck3w1t

You need to access your online OSR account to apply for the rebate. Fortunately, the OSR's online system has resolved the bugs that plagued this system in late 2019.

The relief relates to the property nominated. For multi-dwelling buildings (i.e non-strata-titled), the relief applies to all units, not just the one affected.

The rebate is restricted to 25% of the 2019 land tax liability for that property. It is not a cash bonanza but can cover a rent reduction for a number of weeks.

As you are self-certifying that you meet the requirements, expect the OSR to subsequently audit claims to ensure compliance.

The deadline for applications is 30 June 2020. Without an extension, landholders only impacted by Covid-19 issues after that date may be adversely affected.

To obtain the rebate, you need to add your bank account details to your online OSR account. By doing so, you agree that the OSR may direct debit any future liabilities and, once added, you can't directly delete your bank account details. You need to adjust the end date for those details so they lapse before the next land tax notice is issued. You can them avail yourself of all payment options.

https://bit.ly/3gF99dO

June 2020

The Joy of Trees on Property Boundaries

February 8, 2020 Edward Dever

QCAT's view is quite clear:

"The Tribunal has consistently found that the droppage of vegetation in this regard is a fact of life in suburban neighbourhoods and not of itself cause for the intervention of the Tribunal by way of an order."

"The dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees ordinarily will not provide the basis for ordering removal of, or intervention with, an urban tree."

Neighbours (including bodies corporate with shared boundaries) should work together to find equitable solutions. It will save time in the long run.

It is worth noting that the Applicant in this matter did not help themselves by failing to provide evidence to back many of their claims.

Melvaig Pty Ltd v McMillan-Kay [2020] QCAT 21

PELEN

February 2020

Queensland Residential Tenancy Reform Proposals

January 8, 2020 Edward Dever

Set out below are the Queensland Government's preferred residential tenancy reform options:

1. Minimum Housing Standards

Option 5: Prescribe minimum housing standards for rental accommodation supported by enhanced repair and maintenance provisions

2. Renting with pets

Option 4 – a range of amendments to the RTRA Act to strengthen a tenant’s options regarding the keeping of a pet on rental property, but also to safeguard the ability of the property owner to refuse to accommodate a pet where there are reasonable grounds to do so.

Option 6 – The RTRA Act would be amended to allow a specific pet bond to be charged and kept separate from the general bond.

3. Minor modifications

Option 3 – Establish mechanisms to manage minor modifications with appropriate safeguards. A definition for a ‘minor modification’ would be introduced to the RTRA Act. Owners would be required to seek a pre-emptive QCAT order to refuse minor changes required for health, safety, accessibility and security reasons.

4. Domestic and family violence

Option 3 – Tenancy law protections for people experiencing DFV would be improved to support them to end tenancies quickly and safely, limit their liability for end of tenancy costs, streamline access to their bond contribution, and more easily install safety and security measures.

5. Ending a tenancy fairly

Option 5 - Remove the ability for owners to end tenancy agreements without grounds but introduce a number of additional grounds to end tenancies under the RTRA Act

The deadline for submissions was 8 January 2020.

PELEN submitted a detailed submission dealing with a number of these issues.

https://www.yoursayhpw.engagementhq.com/give-feedback-renting-in-qld

PELEN

January 2020