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"The Owners Corporation (formerly known as the Body Corporate) is the governing body that looks after the strata plan.  Here are some guidelines on the functions of this complex entity."


THE OWNERS CORPORATION

The Owners Corporation is a body comprising all the owners of the lots in a strata scheme.  It's the duty of the Owners Corporation, as the representative body for and on behalf of the owners, to administer, control, maintainn and manage all areas of the common property for the scheme.

Decisions regarding any issues for the scheme are made in meetings of the Owners Corporation.  There are a number of different types of meetings held and these are discussed in detail on the Meetings page.

As the task of maintaining a strata scheme can be quite involved and complex, due to the increasing amount of compliance and legislative issues that make up Strata Title, the Owners Corporation usually engages the services of a professional Strata Managing Agent who is trained specifically for handling these tasks.  The days of a Strata Managing Agent having to "just send out a few levy notices and balance the books" are long gone.  This is especially so for the medium-to-large sized schemes which have a whole lot of other complex situations to deal with.

Obviously, and especially with any strata schemes over 5 lots, it's usually not practical or workable to have EVERY owner involved directly in EVERY issue that arises.  While the really big and important issues may require all owners to be involved there are others that don't.  Things like "was the grass cut this week?" or "We need to get an electrician out to fix the problem with the intercomm".  To avoid overly complicating things the Owners Corporation elects an Executive Committee to oversee these day-to-day administration-type issues for the scheme.  These 'elected owners' generally liaise closely with the contracted strata managing agent.

When does the Owners Corporation commence?
The Owners Corporation comes into existence when the strata plan is registered at the NSW Dept of Lands.

What happens after registration of the strata plan?
After registration of the strata plan and during the initial period, the original owner has certain obligations and responsibilities.

First Annual General Meeting (FAGM)
The original owner is responsible for convening and holding the First Annual General Meeting within 2 months of the expiration of the initial period, irrespective of whether or not they still own any lots in the scheme.

A notice of meeting must be sent to each owner, first mortgagee and covenant chargee, as shown on the strata roll.  There must be 14 clear days notice given.

There's a statutory agenda contained in the Strata Schemes Management Act 1996(NSW) for motions to be decided upon.  These include:

  • insurances
  • levy contributions
  • election of Executive Committee
  • restricted matters
  • by-laws
  • managing agent
  • accounting records
  • appointment of auditor

NOTE:  If the original owner still owns 50% or more of the aggregate unit entitlement and a vote by special resolution or poll is requested, the value of the original owner's vote can be reduced to 1/3 of his unit entitlement in order to ensure a much 'fairer' vote.

If the original owner fails to hold the First Annual General Meeting, the Strata Schemes Office adjudicator must appoint a person to hold that meeting.  The original owner could also be fined for not complying with the act.

Required Documents
At the First Annual General Meeting, the original owner must give to the Owners Corporation:

A. All plans, specifications, certificates (other than certificates of title for lots), diagrams and other documents (including policies of insurance) obtained or received by the owner and relating to the parcel or building.

B. The certificate of title for the common property, the strata roll and any notices or other records relating to the strata scheme, if they are in the owner's or lessor's possession or under the owner's or lessor's control.

C. The accounting records and the latest prepared financial statements.

What happens after the first AGM?
Ongoing management continues under the requirements of the Strata Schemes Management Act 1996(NSW).

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DISCLAIMER:  All information on this website is of a general nature and is intended as a guide only.  Readers should check all information obtained from this website for accuracy from other sources and seek professional legal advice before taking any action based on any information obtained from this website.  Information on this website should not be substituted for proper legal advice.  The owners of this website will not be held responsible for any action taken as a consequence of same.

EXTERNAL SOURCES:  The owners of this website do not make any warranty or representations regarding the information, products, services or qualifications of any external sources listed on this website.  Readers should make their own appropriate enquiries regarding accuracy, qualifications, licences, etc.  The owners of this website will not be responsible or liable in any way for any representations made by any external sources listed on this website.

IMPORTANT NOTE:  This website deals with strata matters in NSW, Australia only.  Legislation varies in different states and territories and in other countries.  For information pertaining to places outside of NSW, Australia please refer to the appropriate legislation for your region.

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