Strata Living: How it WORKS
Strata Titled Living
Strata title living is an environment/ethos where:
- All the owners together are called the Body Corporate
- The Body Corporate is a separate legal entity wherein each owner is automatically a member
- Owners do not have a choice as to membership of the Body Corporate
- A residential building complex consists of (a) the owners lots and (b) the common property
- The body corporate is responsible for the upkeep and maintenance of the common property
- The costs for the upkeep and maintenance of the common property is paid by the Body Corporate
- Owners of lots maintain and keep-in-repair their own lot at their own expense
- Decisions about the complex are made by the owners agreeing on resolutions in general meetings
- Every owner must pay a share of the complex’s yearly running costs and must contribute money for future work
The Body Corporate Entity
Once a Community Titles Scheme or CTS is established, a body corporate is created and every lot owner is automatically a member of the body corporate. In Queensland, the Body Corporate is the name given to this group of lot owners, it is known as the Owners Corporation in other states.
When created the Body Corporate is a separate legal entity created when land is subdivided and registered under the Land Title Act to establish a Community Titles Scheme.
The Community Titles Scheme can be:
- a duplex
- a residential unit block
- a high rise accommodation complex
- shopping complex etc.
Definition of an Owner
Under the legislation, there can be various entities deemed to be the owner of a lot at various times.
The owners may be:
- The original owner for the scheme – quite often this is the scheme’s developer
- The original owner is generally responsible for establishing the scheme and the body corporate, holding the first annual general meeting, setting-up the body corporate’s records and registers, preparing the initial budgets for the administrative fund and the sinking fund, signing the first Community Management Statement CMS and arranging the initial insurance policies for the scheme.
- An original owner may grant exclusive use or special rights to common property for the benefit of certain lots;
- The current owner of the lot being the person who is or is entitled to be the registered owner of the lot.
- If two or more persons (co-owners) are registered or are entitled to be registered as the owner of the lot each person is regarded as an owner.
- An interest in a lot gives an interest in the common property; and
- A mortgagee in possession of a lot, at times, maybe taken to be the owner of that lot.
- A mortgagee in possession may also be an original owner.
Owners Responsibilities
An owner of a lot is responsible for:
- keeping the lot in good order and condition;
- the contributions levied on the lot, including any late payment penalty;
- any costs to run any general equipment or facilities which are solely for the lot;
- the maintenance costs of any fixtures or fittings installed by the owner or made to the common property for one’s benefit;
- charges for work done by the body corporate on one’s behalf;
- any costs associated with the rights or benefits of exclusive use; and
- insurance – amounts which sometimes can occur due to the value of improvements made to one’s lot, policy excess charges when a claim is made, and the share of costs if one lives in a stand-alone-premise and decides to join a voluntary insurance scheme.
Members of the Body Corporate
Every owner of a lot in a Community Titles Scheme is eligible to be a member of the body corporate committee.
The Body Corporate Committee has a maximum of 7 members consisting of:
- Chairman
- Secretary
- Treasurer
- Ordinary members(up to 4)
- The non-voting Caretaker manager is automatically a member and must be included in every meeting
- Non-Voting Body Corporate Manager.
Name of the Body Corporate
Body Corporate for “Complex Name” CTS ” Number”
The Body Corporate title deeds will show:
- the words Body Corporate for
- the name of the scheme “Complex Name”
- the Community Titles Scheme identifying number CTS ” Number”
Role and Duties of the Body Corporate
The Body Corporate has a general responsibility to maintain, manage and control the common property and all Body Corporate assets for the benefit of all owners in the scheme.
The Body Corporate and its Body Corporate Committee Members are legally bound by and required to enforce the Community Management Statements By-laws. This is NOT the role or duty of the Service Contractor, Residential Manager or Management Rights owner.
Decisions are made in general meeting about the contributions payable by owners to fund the operation of the Body Corporate and to decide the rules relating to management, control, and use of lots and common property.
At the first annual general meeting, the original owner must give the Body Corporate all the registers, records, plans, drawings, books of account, accounting records, insurance policies.
The Body Corporate must maintain records about its operations.
These records are available for inspection (for a fee) by owners and intending purchasers of lots.
A Body Corporate must not carry on a business, for example: selling tours or letting units for commission.
Queensland Community Living Handbook
The information supplied on this website is general information only and as such any individual or company must seek their own professional advice, in relation to their own particular set of circumstances.
Copyright 2022. All rights reserved. Reproduction, distribution, or transmission, in any form, or by any means, of any of the contents of this publication without the written permission of the publisher Steve Reynolds is strictly prohibited.
Steve Reynolds e: qldclh@gmail.com PO Box 394 Surfers Paradise.4217