Body Corporate (General)

A body corporate management company (also called strata management company) is a professional firm that helps manage and administer the common property and shared assets of a strata or community titled property e.g. an apartment building or townhouse complex.

A Body Corporate Administrative management agreement sets out specific functions to be carried out by the manager and is negotiated with the members or by delegation to the committee.

A body corporate management company ensures the smooth operation of your property by handling financial and administrative functions as well as providing the option to organise additional maintenance assistance when requested by the committee. Having  body corporate management in place also means you have correct legislative information and education on hand to help deal with any matters that may arise.

A community titles scheme (CTS) is a type of development under which multiple lots and common property can be created on a single piece of land. This structure allows individual people to buy the separate lots and jointly own and manage the shared areas on the land.

This type of scheme is very common for residential units, high-rise, townhouses, commercial office parks and other developments.

All lot owners in a strata-titled property are automatically members of the body corporate.

Membership of the body corporate is not optional, and all members have some obligations (like paying levies.) However, participation in the democratic decision-making processes (being on the committee, attending meeting and voting) is optional but recommended for gaining a clearer understanding of your asset.

A lot is the physical property that is bought and sold, within the community titles scheme. For example, in an apartment building each individual apartment/unit is a lot.

If you buy into a body corporate scheme (e.g. if you buy a unit in a high-rise, you become a lot owner). Each lot has a lot number, and that is how the property is formally identified when it comes to body corporate matters.

Lot entitlements are used to calculate:

  • Ownership of the shared property and areas
  • Financial responsibility for levies and other costs
  • Voting rights

 

Lot entitlements attach to each lot, and they are detailed in the community management statement. Lot entitlements are created by the property developer, and take into account the size, type and amenity of each lot. For example, a lot owner that owns a penthouse would generally pay higher levies than a lot owner of a smaller unit on a lower level.

The community management statement (CMS) is the name of the document which contains the essential information of a body corporate. This document is recorded with the Queensland Land Title registry, and it can be updated if the body corporate decides to make a change to it via a general meeting vote.

The community management statement (CMS) contains:

  • The body corporate’s legal name
  • What legislation applies to the body corporate
  • What lots are included in the body corporate
  • The lot contribution entitlements and interest entitlements for each lot, and the totals
  • The body corporate by-laws
  • Any exclusive use areas allocated to the lots
  • Any statutory easements over the body corporate scheme land

A body corporate is regulated by both legislation and its own internal rules called By-laws.

By-laws regulate what can and cannot happen inside the community titles scheme, and cover a wide range of topics, for example:

  • Changes to each lot’s external appearance
  • Renovations of lots
  • Rules for using the shared recreation areas
  • Speed limit on the shared driveways
  • Opening times of the shared facilities

 

By-laws are originally decided by the developer, but the body corporate has the power to change its own by-laws via a democratic voting process in a general meeting.

Complying with by-laws is compulsory. They must apply equally to owner-occupiers, tenants and visitors. If the by-law is unsuitable or not legislative, the committee may decide to have a review conducted by a body corporate solicitor to have the CMS updated.

Owners can update their address, contact details and property managers details at any time via our website or direct email. Any contact detail change needs to be in writing and cannot be done over the phone.

Incorrect. There are legal rights that allow the body corporate to access lots, but only after adequate notice periods have been issued to the lot owners involved and for appropriate reasoning.

No. A body corporate is a not-for-profit organisation and is not a business in its own right. This is confirmed by the Australian Taxation Office.  A Queensland body corporate is expressly not allowed to carry on a business.

Owners need to contact an NBN service provider to see what required for connection. Once this information is in hand it may need some committee approvals before any required installation takes place.

Yes, as an owner, you have the right to access certain records. We provide transparency and access to these documents.

How Can We Help You?

Call us on 07 3435 5300 and one of our friendly consultants will help