The PHRCA was established primarily to enable a resident body to manage the presentation of the estate past the point at which the developer is either unable, or is not present to provide financially for this. Historically Council provide a base level of maintenance to landscape areas, which for higher quality estates does not meet the residents’ expectations. The fees are structured at $1.00/day/residence. The most significant part of this fee goes towards works which Council would not otherwise fund and a community development manager, (who is a paid residential member). Some examples are plant and tree replacement, mulching, additional watering, fertilising, and soil conditioning. The PHRCA is also a body which in aggregate can lobby more effectively for many different types of infrastructure which might benefit the area in general. Sporting and recreation facilities by way of example.
As the PHRCA was established prior to the Body Corporate Community Act, there are some matters which cannot be cost effectively pursued to ensure that all residents are compelled to be members. Some examples are when a property is sold as “mortgagee in possession”, and when a resident sells without passing on their membership and is not able to be cost effectively pursued (as they might have relocated overseas), and there are also a small number of residents who at the commencement of the estate did not have to join the association. The current membership however as of the 1st June 2017 is only 45 short of the total membership of 740 members in the association area.
The attached plan shows the relevant areas. Broadly these are the Marina Boulevard, Osprey Island, Dolphin Cove and Kakadu Estate areas. Generally, the PHRCA areas can be described as all parks, medians, and gardens within the Council area of responsibility and control, and generally within all road reserves, including footpaths. It should be noted however, that Council will not tend to footpaths in the immediate frontage of your property. Vacant lots are also the responsibility of the owner and not the Association.
When you sell your house you must ensure that your solicitor/selling agent is aware that your membership to the association has to be passed on to the purchaser. This is important as if this is not done then the seller can be pursued for the ongoing fees due to the association for ever and a day, despite the property no longer being in the seller’s possession.
Buying into the estate requires the same commitment as the selling of an existing property, and all intending purchasers should ensure that they sign the transfer of membership which confers not only the commitment to pay but also the benefits that are derived by belonging to the association.
The association employs a community development manager (CDM) who acts as a liaison between the community and the committee, and undertakes a number of tasks assigned to her within the scope of the association rules. Initial contact should be made through the CDM, who will keep the committee appraised.
The developer is the responsible party for ensuring covenant compliance and all matters relating to this are to be directed to the Covenants Compliance Officer who is employed by QM Properties Pty Ltd (The developers). The contact details are provided in the related links.
The Council has the responsibility as trustee for the State Government to look after the canals in respect to all matters pertaining to water quality, maintaining navigable depths, dredging and spoil disposal.
The Council have seen fit to levy waterfront property owners for the total cost of what Council sees as significant costs to monitor and maintain the canal system at the required depths for the next 50 years. Much controversy exists surrounding this charge as many regard the canals as benefiting a much greater demographic, and should therefore be a shire wide levy. Some maintain that the waterways are a public access corridor by definition and regard the charge as blatantly unfair when it clearly benefits the general boating public as well. Further the Local Government Act provides that a special levy can be charged not only in respect to the parties that benefit but also to the parties who contribute to the need to dredge primarily. Arguably siltation of the canals is as a result of a number of source inputs from the land, and the control of this rests with Council and again an unfair proposition to levy only canal owners.
A separate organisation has been formed (PHCOA), whose ongoing mandate is to challenge this charge. Contact details are provided in the related links.
No, you will need to call the police and register a complaint with them.
No, a member cannot 'opt out' or 'resign' from the association. The only means of ceasing association membership is with the sale of your lot AND the transfer of association membership to the new owner.
The committee may consist of a maximum of seven members. Nominations are called for prior to every AGM and committee membership is open to any financial member of the association. If more than seven nominations are received, a ballot will be held. Casual committee vacancies that arise during the year (i.e. due to a committee member having to resign from their position) may be filled on an ad-hoc basis, as required, until the next AGM or they can remain vacant at the discretion of the committee so long as a minimum of chairperson, secretary and treasurer roles are filled.
Observers are welcomed at committee meetings; however an observer may not vote on any motions. All members of good financial standing may vote at the AGM.
Financial statements are issued with the notice of AGM each year. Archers can provide additional financials at any time upon request. A fee may be payable to Archers for this service.
Yes the canal wall is the owners responsibility and is an integral part of the land, and should be included in your house and land insurance, and should be maintained by the owner on a regular basis.
The canal wall doctor is a specialist contractor who will be able to advise the owner on all matters pertaining to frequency of maintenance and relevant works to ensure the integrity of the structure.
Website: www.canalwalldoctor.com.au Mobile: 0427 949 163
No roofed structures can be constructed in this zone for the full length of the canal frontage and 7m back into the Lot.
Decks, swimming pools, landscape and retaining structures are acceptable within this zone however the height of these structures should be such as to limit retaining face wall heights to less than 1m above the natural constructed batter surface levels .Decks will necessarily be tiered down the face and generally finished surface levels of decks and swimming pools will not extend more than 3m from the building line at the constructed building floor level and shall in no circumstances be greater than 3.4m AHD in height at 4m from the revetment wall boundary back into the Lot.
Engineering certification that works will not impact on the integrity of the revetment wall is required for any structure within this zone.
Covenant approval is required prior to MBRC approval for intended structures within this envelope.
Application can be made by the home owner to have a deck structure extending out from the face of the revetment wall of up to 3 metres. Side boundary clearances to the adjoining quay line also needs to be 3m on either side of your deck.
The link below provides information needed to obtain the relevant approval from the relevant authority, together with some acceptable design criteria for constructing your deck.
The required application form is DA Form 1, which is available on the State Government Better Planning website at the following link: http://www.betterplanning.qld.gov.au/planning-reform/resources/development-assessment.html
Applications can be lodged on Council’s website via the Electronic Lodgement and Fee Payment Portal, available on Council’s website at the following link:- https://www.moretonbay.qld.gov.au/eda/
Applications can also be e-mailed in to email@example.com or posted to Moreton Bay Regional Council PO Box 159 Caboolture Qld 4510, or made in person at the Caboolture, Strathpine or Redcliffe Council Administration Building.
Any enquiries regarding lodgement of applications can be made to the Customer Service Centre on 07 3205 0555.