What is a Strata Company?
This is the legally incorporated body that represents all the owners of a strata plan as constituted under section 32 of the Strata Titles Act 1985.
What is the role of the strata manager?
Strata titled properties are quite similar to most other types of properties so why is strata management so different?
The Strata Titles Act is the big difference of course and the implications for the management of the property are far reaching. In essence, the strata property management is the same as any other property with an additional two layers of compliance over and above most other property types. The lower level relates to the management of the legal body referred to as the strata company (running general owners meetings and strata council meetings, managing accounts and by law enforcement) and the upper level relating to the Strata Titles Act itself (covering such things as insurance, management, alterations to lots, etc. etc.)
Who appoints the Strata Company Manager?
As per Schedule 1 By-law 8. 2) (b) the Council of Owners has the power to employ on behalf of the Strata Company such agents and employees as it thinks fit in connection with the control and management of the common property and the exercise and performance of the power and duties of the Strata Company.
Why is there a need for a Council of Owners?
The Council of Owners shall perform the functions of a Strata Company under the Strata Titles Act subject to the Act and to any restriction imposed or direction given at a General Meeting; every Strata Company has a range of duties and the Council of Owners has to ensure that those duties and powers are performed.
What is a Lot?
A lot is the term used to define a portion of a strata scheme which is defined on the strata plan as being a lot or part of a lot. A lot has its own title that can be bought and sold. It is very important to have clear understanding of where your lot boundaries are as these generally determine what you are responsible for and what the strata company is responsible for in the form of Common Property.
What are Unit Entitlements?
A licensed valuer determines the capital value of each lot and then determines the capital value of each lot in proportion to the total capital value for all lots and devises a schedule of unit entitlement that is attached to the strata plan. Unit entitlements determine not only share of ownership but also the level of contributions required towards strata company expenses, unless varied through a registered bylaw of the strata company.
What is Common Property?
The major difference between owning a house and owning a unit or apartment (known as a ‘lot’) in a strata scheme, is that the external walls, the floor and roof do not usually belong to the lot owner. These areas are usually common property and generally the responsibility of the strata company. –
I want to use the garden area outside my unit just for myself, can I do this?
If it is part of your lot, yes. If it is common property, you will need to get the permission of the strata company. This usually requires an exclusive use by-law to be passed at a general meeting.
Can I do anything I like to my backyard?
If your backyard is part of your lot, you can do anything as long as it doesn’t breach by-laws,for example, you must not damage common property or create disturbing noise. You will also generally be required to maintain the theme and appearance of the overall strata complex.
Who is responsible for pruning trees on the property?
If the trees are common property, it is the strata company’s responsibility. If the trees are part of your lot, then you are responsible, as the owner.
Can I do my own repairs to the common property?
You must have the permission of the strata company. If common property needs repair or maintenance, the strata company should undertake that work, not an individual owner.
Am I allowed to park my car on the grassed area near my unit?
An owner, occupier or other resident of a lot cannot park or stand any motor or other vehicle on common property except with the written approval of the Strata Council.
I am a resident owner without a car bay or port, can I use a designated visitors car bay?
As the visitor car bay is common property, you would need to seek approval and exclusive use from the Strata Council.
Do I have to insure my unit if it is a Survey Strata Plan?
If your unit is a Survey Strata unit you must insure your building, the lot and contents as the owner.
Is my unit & building covered by Insurance?
If you are unsure if your building is insured, please contact your Strata Manager for this information
Do I have to insure the contents of my strata unit?
While there is no obligation to do so, it is highly recommended that you take out adequate insurance on the contents of your unit.
The insurance that the strata company organises covers the structure of the building and any fixtures inside lots (for example, sinks, baths and shower trays). However other contents such as our furniture, electrical appliances, curtains and carpets would not be covered. Owners can suffer major loss if their personal property is not insured in the event of a fire or through water damage.
In addition, contents insurance usually covers your paint finishes on walls and ceilings.
If we have not covered your query please contact us with your question and details. We will endeavor to answer your query within 48 hours. This is a free service.
Armadale Strata Management: Colette@armadalestrata.com.au
Phone: 9497 4666
Mobile: 0414 637 603
Disclaimer – The information provided is based on the Strata Titles Act 1985 and general industry practice. However, the information is general in nature only and most scenarios could have an alternative solution. This information in no way constitutes any form of legal advice whatsoever. Armadale Strata Management and, its Directors or Employees do not give any warranty or guarantees as to the accuracy or reliability of any information contained in these scenarios. Armadale Strata Management recommends that you seek advice from your own strata industry specialist or legal advisers if you wish to have specific advice in relation to your own circumstances.