Body Corporate Common Property

Anyone who owns a lot in a community title scheme in Queensland is automatically a member of the body corporate for that scheme.  One thing that is common to all such bodies corporate is the ownership of common property.  This is land which does not belong to any member individually but only to the body corporate as a whole.

If you are a member or thinking about becoming a member of a body corporate in Queensland, it’s important that you understand the risks that come with the ownership of body corporate common property.

Watch John Gallagher's short video blog which explains why members shouldn’t be complacent about the risks that may arise on common property.  Like any property owners, they do have a personal exposure and should behave accordingly.

If you require any further information please contact us on 07 5443 9988 or [email protected].

 Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers, body corporate lawyers and property lawyers and are eager to assist you in any way we can.

More Information

Anyone who owns a lot in a community title scheme in Queensland is automatically a member of the body corporate for that scheme.  One thing that is common to all such bodies corporate is the ownership of common property.  This is land which does not belong to any member individually but only to the body corporate as a whole.

If you are a member or thinking about becoming a member of a body corporate in Queensland, it’s important that you understand the risks that come with the ownership of body corporate common property.

Common property is often developed with lawns and gardens, access ways and sometimes even foyers, elevators and stairways.  It’s the body corporate that is responsible for what happens on the common property including injury and damage resulting from the negligence or default of the body corporate or its agents.

Each body corporate is obliged to insure against such exposure but if that insurance is inadequate to cover the exposure of the body corporate it is the members personally, through the payment of additional levies, that must cover any shortfall.  This is different to a company regulated under the Corporations Act where the members, also called shareholders, are not personally responsible for the company’s debts.  It is therefore in the interests of all members to ensure that adequate public liability insurance is maintained in respect of the common property, and beyond that to take an active interest in minimising any risks arising on the common property.

So members shouldn’t be complacent about the risks that may arise on common property.  Like any property owners, they do have a personal exposure and should behave accordingly.

If you require any further information please contact us on 07 5443 9988 or [email protected].

Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers, body corporate lawyers and property lawyers and are eager to assist you in any way we can.

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