A Quick Guide to the Roles of Strata Stakeholders
Owners – The person, people or company registered on the Certificate of Title at Landgate. Being an owner of a Lot in a Strata Scheme is similar to being a shareholder in a corporation; your lot entitlement dictates the size of your share in the complex.
As a lot owner you have rights and obligations; these are primarily set out under the Strata Titles Act 1985 & the Strata Title General Regulations 1996, as well as the Management Statement lodged with Landgate when your scheme was established or registered since then to vary existing by-laws.
These rights and obligations include, but are not limited to;
- Payment of levies which cover your share of the common expenses.
- Compliance with By-laws, these govern your use and enjoyment of the property, covering things such as renovations; pets; noise; parking just to name a few.
- The right to contribute to the decision making process of the scheme by attending Meetings and/or nominating for a position on the Council of Owners.
- A responsibility for maintaining your lot and the complex as a whole.
The Strata Company – Sometimes referred to as the Owners Corporation; Strata Scheme or Body Corporate, the Strata Company is a legal entity comprised of all owners collectively.
The Strata Company has a legal responsibility to:
- Maintain the common property including buildings on the land; the extent of the common property is shown on your strata plan.
- Ensure the strata buildings are fully and appropriately insured.
- Administer the finances and common funds of the group.
- Provide for the secretarial functions including the conduct of meetings of members, documentation of minutes, and dealing with correspondence; and
- Endeavour to resolve disputes involving members of the Strata Company and enforce its rules.
The Strata Company does this by appointing a sub-set of owners to act for the Company, called the Council of Owners and by engaging a Strata Manager to assist Strata Company in meeting its legal obligations.
The Council of Owners – The sub-set of owners elected at the Annual General Meeting to act on behalf of the group for a period of time, roughly 12-15 months until the next Annual General Meeting.
The Council work hand in hand with the Strata Manager to undertake the day to day administration, governance and control of the scheme for the good of all owners.
The Council make decisions on the majority of matters that arise for the Strata Company, including the control, maintenance and repair of common property.
Councillors must represent the interests of the group and not their individual interests. Where no Council is elected, all owners become responsible for the role.
Governance entails the setting and monitoring of the goals and objectives of the Strata Company, including long term maintenance and upgrade requirement.
The Councils duties include, but are not limited to;
- Compliance with the legislative requirements of the Strata Company
- Guide the Strata Company in the enforcement and making of by-laws
- Managing and maintaining the common property for the benefit of all owners.
- Ensuring the strata company is sufficiently funded and records maintained
- Effecting proper insurance cover.
- Convening the required General Meetings.
- Appoints a Strata Manager to assist them with the role.
The Strata Manager – engaged by the Strata Company and/or Council to work co-operatively with the Council to manage the day-to-day affairs of the scheme.
Strata managers provide administration services; streamline processes and endeavour to minimise potential conflict between owners. As strata schemes are becoming larger and increasingly complex owners look to find a strata manager to
provide support services and guidance in areas such as;
- Financial management, including collection of levies; engagement of contractors and payment of accounts; GST/Income tax compliance; preparation of financial reports and draft budgets.
- Maintenance of common areas as directed by the strata council
- Maintaining effective insurance cover
- Clerical and administrative support and follow up
- Secretarial support in management of meetings and keeping minutes
- Ad hoc maintenance and contract support
- Implementation of the long term maintenance plans
- Compliance with the relevant legislation
What to expect from the Salt Strata Team
Business Partner – a valuable source of support, advice and direction to the Council in the decision making process.
Communications & Liaison person – a designated ‘contact/liaison person’ from within the Salt Team will be appointed to assist the Council through whom all communications with the strata manager are filtered, to make communication more effective and less costly to your scheme. As a courtesy however, we will usually respond to every Owner.
All emails sent and received by the Strata Manager on behalf of the strata company are part of the strata record, available for prospective purchasers to view.
Secretary & Record Keeper
– Preparation of the required documentation for and to record the outcome of your Annual General Meeting.
– By appointment the Treasurer of the Council may inspect the strata records without cost as part of performing their obligations and duties.
– We keep the books of the Company, draft your annual budget in consultation with the Council and produce accurate financial statements.
– We send out levy notices invoices and collect common funds
– We monitor your expenditure against budget and will bring any issues to the attention of the Council
– If you don’t have a building manager we will assist the Council in procuring the services of contractors to undertake approved maintenance
– Liaise with the Council regarding any unplanned urgent maintenance.
House Rules – If you are creating any building guide or rules/residents handbook, we can provide a template and assist in tailoring it your building.
By-laws – We issue breaches where your by-laws have been contravened. We provide guidance where it becomes necessary to implement new by-laws.
Special projects – We are happy to assist in various projects and research over and above that in the contract provided it is within the scope of our expertise and abilities. However, it is on the understanding that work not included in your contract may be charged out our hourly rate.
Standard Agreed Services
- Preparation of draft budgets
- Attendance of annual general meetings
- Chairing meetings as requested
- Typing and distribution of minutes of meetings
- Answering communications to the strata company
- Issuance of levies and receipting of levy payments
- Payment of accounts
- Renewal of insurance policies
- Maintenance of financial records
- Obtain quotes for repairs and maintenance to the common property
- Organise tradesmen for the common property
- Maintain records of owner details
- Hold the common seal and supervise the use of the common seal
- Guiding the strata council in relation to by laws and enforcement of bylaws
- Issuance of notices, orders and certificates
- applying and making submissions to government and judicial authorities for consents, authorisations, licences, approvals, exemptions and etc…
- instructing and attending conferences with lawyers;
- preparing and issuing notices of extraordinary General Meetings of the Strata Company
- attending, and preparing and distributing minutes of, extraordinary General Meetings of the Strata Company
- preparing and issuing notices of Council meetings
- attending, and preparing and distributing minutes of, Council meetings
- attending at the Property for any purpose which is not a Regular duty;
- arranging non-routine maintenance, repair and replacement of the Common Property;
- liaising with consultants and builders
- reconciliation of gas, water or electricity sub-meter accounts
- preparing and serving notices levying Contributions and recovering costs payable other than in accordance with Section 36(1)
- collecting and banking Special Contributions
- implementing the decisions of the Strata Company and Council which the Agent is not required to do as part of its Regular duties.
- Pursuing debt recovery action on behalf of the scheme
- Compliance with GST obligations
Why Use a Professional Agent?
As one of the largest purchases you will make in your lifetime it is important to protect the value of your asset, whether it is your home or an investment, miss-managed and/or rundown common property can have a detrimental effect on the value of your asset.
To choose the “do-it-yourself” approach, means that you are effectively giving your neighbours money to hold and expecting them to pay your bills, maintain your property and preserve your long term maintenance fund.
The choice of Strata Manager is very important in protecting the value of your property.
At Salt Property Group we have the tools and experience to ensure professional management and care of your strata property. Our Strata Team, who have completed extensive training, specialise in the property management industry, and have over 100 years combined experience.
As members of the Real Estate Institute of WA (REIWA) and the Prominent Agents Real Estate Network, we ensure that we are always up to date with the latest in the real estate industry of Western Australia.
Professional Strata Management Fees are affordable and are tax deductable.
Our management and computer systems enable us to provide reporting and contact with our clients which is second to none. Our systems have been developed out of a bias for quality service, accurate data management and fast response.