Legal – Living in Strata OMB Solicitors

FIVE THINGS YOU NEED TO KNOW ABOUT LIVING IN STRATA / BODY CORPORATE

Owning a lot in a community titles scheme (Body Corporate) brings certain obligations beyond those of owning a detached house which you should consider carefully when living or investing in a Body Corporate. When you buy a lot in a community titles scheme (Body Corporate) you are automatically a member of the body corporate and must adhere to certain rules. Here are five things you need to know about living in Strata.

1. Understand who are the Key Stakeholders There are many key stakeholders in a Body Corporate, including lot owners, occupiers, on-site managers, your strata manager and other service contractors appointed by the Body Corporate from time to time. Each stakeholder has a different role to play. Understanding who these people are and how they contribute to your scheme will assist you in understanding the day-to-day management of the scheme and who to direct your queries to.

2. Check your contact details contained on the Body Corporate Roll are correct When you settle your purchase, your solicitor/conveyancer must provide a Form 8 to the Body Corporate which includes all of your relevant contact information for the Body Corporate, including your address for service of notices. It is important that these details are correct so you can receive documentation from the Body Corporate.

3. Read your by-laws By-laws are a set of rules that a body corporate makes to control and manage the common property, body corporate assets, services and facilities provided by the body corporate and the use of lots. The by-laws applicable to your scheme are included in the Community Management Statement and can be requested from your Committee or appointed Strata Manager. It is important that you or your tenant/occupier reads and understands the “rules” to avoid enforcement action.

4. Understand your Repair and Maintenance obligations There are different repair and maintenance obligations of owners depending on the type of scheme you are registered under (i.e. Building Format Plan or Standard Format Plan). Generally, the Body Corporate is required to repair and maintain common property, Body Corporate assets/ infrastructure and as a lot owner you are required to maintain your lot in good condition. Where it becomes tricky is determining what is or isn’t common property. If you are uncertain, you may wish to direct your query to your appointed strata manager or obtain independent legal advice.

5. Have your Say! There are two types of meetings in body corporate, general meetings and committee meetings. A general meeting is a meeting that allows all lot owners the opportunity to vote and have your say about the ongoing operation of the scheme. The body corporate must elect a committee at each annual general meeting. The committee is made up of lot owners or people who act for them and hold committee meetings to make decisions about the administrative and day-to-day running of the body corporate. If you would like to have your say about how your building/complex ought to be run then we recommend that you read your notice and agenda for the AGM, vote and also nominate for a Committee Position.

OMB Solicitors is an established Property Law firm on the Gold Coast and has been dealing with different variations of community title law since the 1980’s. At OMB Solicitors, we act exclusively for Bodies Corporate in QLD and Owners Corporation in NSW. If you have any questions regarding living in strata, please do not hesitate to contact our office on 07 5555 0000 today.

ELISHA QUIGG

OMB SENIOR ASSOCIATE

• Body Corporate Law (QLD)

• Strata Law (NSW)

• Commercial Litigation

• Property

Lvl 1/9 Seabank Ln, Southport QLD 4215 P (07) 5555 0000 E info@omb.com.au www.omb.com.au