COVID-19 UPDATE
We wish to provide an update on what measures Pinnacle Strata Pty Ltd and our industry Body, SCA (Qld), are implementing to address the growing impact that the Coronavirus Disease 2019 (COVID-19) is having in Australia. We are constantly monitoring the evolving situation and our key focus is on the impact to our Lot Owners, Committee Members, and our team.
BEST PRACTICE FOR BODIES CORPORATE
Should Body Corporate recreational facilities and other common property areas be closed?
Bodies Corporate and their Committees should close common property facilities in accordance with Health Directives issued by the Federal and State Government.
At the time of preparing this article, the Public Health Direction issued by the Queensland Government with effect from 12 midday on Monday, 23 March 2020 (the Non-essential Business Closure direction) relevantly restricts the operation of an undertaking including gyms, fitness centres and indoor sporting centres. The directive includes operating on a private residence, which captures a community titles scheme. An indoor sporting centre includes an indoor pool.
There are other directives and advice issued by government authorities that can apply, such as restricting the use of indoor areas to one person per four square metres. All directives and governmental advice should be monitored daily and followed.
Otherwise, owners and occupiers have the right to use common property subject to the restraint that they do not interfere unreasonably with the use and enjoyment of others lawfully on the common property, or otherwise cause a nuisance. The power to regulate the use of common property and thereby restrict the general right owners and occupiers have is exercised through making a by-law.
Pinnacle Strata and SCA (Qld) believe it is best practice for Bodies Corporate to mitigate the risk of transmission by restricting the use of common facilities that will attract large numbers of people.
Should the Body Corporate place restrictions on lift capacity?
Yes. The use of lifts should be restricted to ensure compliance with the advice of there only being one person per each four square metres of an enclosed area.
What should you do if a resident in a building you manage tests positive for COVID-19?
You may become aware of a resident being positively tested for COVID-19. If that occurs, and mindful of your privacy obligations (discussed below):
Inform the Committee;
Seek direction from the Committee on whether they wish to inform other residents and owners, and provide the Committee with guidance on their circumstances;
In any information given to residents and owners, ensure that privacy of the resident concerned is respected.
The Privacy Act requires that you (as an individual, or Committee Member) do not disclose personal information received unless such disclosure is within the primary purpose of having collected that information. You can disclose personal information that is reasonably necessary in order to prevent or manage COVID-19 in a community titles scheme, or if the person who gave you their personal information consents to it. You should make sure you obtain any such consent in writing, and it should specifically state the personal information they consent to being disclosed.
Feel free to reach out to Pinnacle Strata for assistance throughout this crisis and more information.
Should Meetings be cancelled or postponed?
Recent Government directives and advice is to cancel or postpone non-essential gatherings, particularly if they will involve numbers greater than 10 individuals. Technology allows us to continue to hold meetings by embracing technology through telephone and video conferencing. Committee members and lot owners should be discouraged from physically attending meetings, and encouraged to instead submit voting papers in advance of any meeting and attend the meeting electronically.
Pinnacle Strata has adopted video and teleconferencing facilities to enable remote access meetings. Our goal is to provide uninterrupted service to you, and support your community during these trying times.
How can I promote personal hygiene to lot occupiers and visitors?
Personal hygiene is an important protection against coronavirus and all respiratory illnesses – this includes washing hands regularly. It is critical to communicate openly about what protective measures should be implemented, and how individuals can protect themselves and other by practicing good hygiene. You may wish to consider placing hygiene reminder posters on common property. The Australian Government’s Department of Health offers two ready-to-use downloadable posters, which include one for washing hands (here) and one for coughing (here).