FAQs
Frequently Asked Questions
What is an Owners Corporation / Body Corporate?
An Owners Corporation or Body Corporate is a legal entity responsible for managing and maintaining the common property and shared facilities within a property development, such as apartments, townhouses, or commercial units.
It is responsible for managing and maintaining the property’s common areas and shared facilities, including gardens, recreational facilities, and foyers, ensuring these areas are kept in good condition for the benefit of all owners and occupants.
Why are Owners Corporation / Body Corporate fees necessary?
Owners Corporation or Body Corporate fees are essential for covering the costs associated with maintaining common areas, utilities, insurance, and shared services such as cleaning, security, and general maintenance.
Depending on the jurisdiction and the type of property, contributions may also be made to a maintenance, sinking or capital works fund. These funds help cover future capital expenses, including major repairs, replacement and other long-term maintenance. Regular payment of these fees helps ensure the Owners Corporation or Body Corporate can meet its financial and maintenance obligations.
What does an Owners Corporation / Body Corporate Manager do?
An Owners Corporation or Body Corporate Manager is a professional who specialises in the administration and management of an Owners Corporation or Body Corporate. Their responsibilities vary depending on the jurisdiction and the functions delegated to them, and may include financial management, assisting with legal and regulatory compliance, coordinating maintenance and repairs of common areas, managing records and correspondence, and facilitating meetings and communication among owners.
Their role supports the efficient operation of the Owners Corporation or Body Corporate and helps owners and committees meet their administrative, financial and regulatory responsibilities.
Why should I hire professional Owners Corporation / Body Corporate services?
Engaging a professional Owners Corporation or Body Corporate manager, such as Network Pacific Strata Management, provides access to specialist expertise in administration, financial management and relevant legal and regulatory requirements. Professional management can also support effective budgeting, cost control, record keeping and long-term planning, as well as the coordination of maintenance and repairs.
Professional management can help an Owners Corporation or Body Corporate operate efficiently, maintain common property and meet its ongoing administrative and financial responsibilities.
How does an Owners Corporation / Body Corporate make decisions?
Owners Corporations and Body Corporates make decisions in accordance with the legislation applying to their jurisdiction and the rules governing their particular scheme.
Decisions may be made at general meetings, including Annual General Meetings (AGMs) and special or extraordinary general meetings, or by the committee where it has authority to make the decision. Owners may be entitled to attend meetings, discuss matters and vote on decisions affecting the scheme.
The type and number of votes required depends on the jurisdiction and the nature of the decision. Some matters require an ordinary resolution, while others may require a special, unanimous or other form of resolution
What legislation regulates Owners Corporations and Body Corporates in Australia?
Owners Corporations and Body Corporates in Australia are primarily regulated by state and territory-specific strata or community title legislation. Each jurisdiction has its own framework governing the establishment, management, and operation of these entities.
In addition to state and territory legislation, local government regulations and building codes may also apply. Owners Corporations and Body Corporates are therefore required to comply with a combination of legislative and regulatory requirements.
By-laws established by the Owners Corporation or Body Corporate also play a key role, setting out the specific rules and obligations that apply within a particular property or strata scheme.
What are Owners Corporation / Body Corporate rules or by laws?
Owners Corporation / Body Corporate rules or by-laws are rules that regulate the use, management and enjoyment of lots and common property within a strata or community title property. The terminology and requirements vary between jurisdictions, and rules may be specific to each scheme.
They are designed to help manage the use of shared property, establish responsibilities for owners and occupiers, and support the orderly operation of the property. Common aspects covered include:
- Common Property Usage: Rules may outline the use of and access to common property areas, including requirements relating to noise, behaviour and shared amenities.
- Parking: Rules may address parking arrangements, including the allocation of parking spaces, visitor parking and restrictions on the use of common parking areas.
- Renovations and Alterations: Rules may set out requirements for obtaining approval for renovations or alterations to individual lots. Depending on the nature of the work and the jurisdiction, additional approvals may also be required.
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