the truth about strata are owners really complying with the law
DESCRIPTION
strata act, strata mediation, body corporate fees, owners corporation fees, levy recovery, levy collection, strata title, building and construction law, strata negotiation, mediation strata, company title law, strata law, strata lawyers, building defects, by-laws, bylaws, litigation, strata, nsw strata law, victorian strata law, ACT strata law, company titleTRANSCRIPT
The Truth About Strata; what purchasers really need to know.
Part 1 Are our owners corporations complying with the
law?
The truth about strata is …we are asleep at the wheel
The strata wheel of (mis)fortune ?
Owners decide (or not)
Managers act
Inspectors reportLawyers advise
Purchasers buy
Let’s take a building somewhere
• 15 res apartments • Part of a mixed use
stratum (separate OC’s)• Balance commercial
and retail lots • Onsite management• Res OC levies $ 1550
per quarter• 4 years old
The seven things the owners must do
comply
meet
manage
maintain
$ave
insure
record
The duty to meet (s.14)
Initial
period
• Signifies developer control• Defines period for holding First
AGM
First AGM
• Check developer handover• Defines the AGM meeting
window
AGMs
• Check requirements for last notice of AGM
• Look for next AGM if the date is close to avoid nasty surprises
The duty to manage ( s 61)
Common property
Parking
Pets
Privileges
The duty to maintain (s.62)
• Reasonable steps • Best endeavors• Reasonable care …
All fail the test of strict liability for repair and maintenance of common property in NSW; Seiwas case.
The duty to $ave ( s. 76)Year Plan Reality Compliance
2007 - -
2008 - $ 20 000
2009 - $ 30 000
2010 $ 44 572 $ 26 000 (under 41.6%)
2011 $47 742 -
Balance end 2010 $87 358 $ 61 249 ( short $ 26 107)( 29.8 %)
The duty to insure ( s.83)
Expectations of cover
Reality of exclusions
The duty to record (s. 100)
Soft copies Hard copies
The duty to comply (s 12)
The truth about this strata
Disclosed Undisclosed
Management processes
underfunded
Building defects
Insurance cover
Safety risk
Purchasers remain dazed and confused
Strata inspectors
unsupported at risk
Strata managers underpaid beyond scope
Owners corporationstight ineffective
How we propose to help ?
Unite inspectors
Educate inspectors
Better informed purchasers