​​Body Corporate Common Property: Why you can't be complacent - Argon Law

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In this video John Gallagher from Argon Law explains matters that you need to consider if you are a member, or are thinking about becoming a member, of a body corporate in Queensland.

Anyone who owns a lot in a community titles 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.

Common property is often developed with lawns, gardens, access ways and sometimes even foyers, elevators and stairways.

It is the body corporate that is responsible for what happens on the common property including injury or 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 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 risk that may arise on common property. Like any property owner, they do have a personal exposure and should behave accordingly.

Do you require legal advice? Contact Argon Law via the links listed below.

You can find us at http://www.argonlaw.com.au/.
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