Guides and FAQ

There are often many questions about strata management that arise, especially if you’re a new owner. StrataComm is always ready to help with any strata and community advice.

Here are some links to useful references and the relevant Acts. Also, our FAQ sections below covers some common questions, but please get in touch with us for any further assistance.

Disclaimer – Any information given is a general guide only. It is not a substitute for legal advice. Please contact the legal services commission, a community legal centre or a private lawyer for detailed advice.

Useful References

Strata Titles

Community Titles

General

Frequently Asked Questions

Here are some of the most common questions about strata management and strata managed properties.

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Community FAQ/
General FAQ/
Strata FAQ/

“Subject to the Strata Titles Act 1988, a person bound by these articles must not, without the Strata Corporations consent, keep any animal in, or in the vicinity of, a unit.”

However, according to Section 19(4)((c)) of the Strata Titles Act 1988, the Corporation cannot “prevent an occupier of a unit who has a disability from keeping a relevant animal at the unit, or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability.” 

That being said a formal request may be made to the Body corporate for approval of an animal by way of majority vote at a general meeting on a case by case basis.

Strata Title Properties must have Building & Legal Liability cover for the common area, along with fidelity guarantee cover. The body corporate insurance is a legal requirement and it is up to the body corporate to ensure they have sufficient coverage.

Details of the proposal will have to be submitted in writing to the Body Corporate.  It is  recommended that all air conditioning units are installed in the same location as other air conditioners in the complex and that any fans or motors do not disturb any other units surrounding.  If no other air conditioners are installed then an application to the committee should be made advising the best location to install a unit.

Providing no damage will be caused to any common property the occupier of a unit may, without the consent of the body corporate, renovate the inside of their unit. Please note that in order to maintain co-operation and cohesion in the units please keep noise, dust and dirt to a minimum.  It is also your responsibility to ensure that no left over building materials are left behind in the common areas. Permission may be needed for trade access/rubbish removal on common property.

Prior to the next annual general meeting, you should send a motion to the secretary or Body Corporate Manager with a request that it be included on the agenda for discussion.  Don’t forget to put together a compelling case to justify why the repairs should be done.

The foundations of the building are considered common property. Therefore damage caused by rising damp falls on the shoulders of the corporation due to the fact that the damp course, which protects the walls, has been breached.

Community Title Properties must have common property and legal liability cover for the common area, along with fidelity guarantee cover. The body corporate insurance is a legal requirement and it is up to the body corporate to ensure they have sufficient coverage. All owners will be required to take out a building/home insurance policy for their own property.

Please refer to your corporations By-Laws, as they will outline what approvals are needed, if any.

By-Laws contain the rules by which the corporation is to be run, and bind all of the owners/occupiers and visitors to the corporation. If your By-Laws state there is to be no parking on the common driveway, they are in breach of the By-Laws and you can request further action to be taken.

Please check the contract* signed between the body corporate and the body corporate manager.  Once you have established the terms & conditions you can wait until your next Annual General Meeting or you can call a General Meeting.

*Under the new legislation all body coporate managers have to include in their contract the termination rights of the corporation. 

YES. Both Strata & Community Title Properties must have the correct insurance policies to cover their Common Property. The body corporate insurance is a legal requirement and it is up to the body corporate to ensure they have sufficient coverage.

If the provision of a visitor’s car parking area was a condition of the Development Consent, parking by a resident is usually not permitted. However, if this is not the case, the Owners Corporation may permit a resident to park in the visitor’s car space. Commercial Car parking rates may apply in some units.

No, you do not have the right to attend any meeting of the Owners Corporation unless an owner has appointed you as their proxy.

A sinking fund is money set aside by the corporation to cover major capital works that will occur in the future. Items such as painting, major repairs, road repairs/relays, refurbishments and substantial upgrades are items that sinking funds are generally set for.

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