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Body Corporate vs Body Corporate Manager.
Who Does What?
The Body Corporate Manager is not the Body Corporate.
The Body Corporate is the collective group of all Owners of the building. The Owners elect each year a Committee to manage the building. Body Corporate levies are paid into the Body Corporate bank account. They do not go to the Body Corporate Manager.
The Body Corporate Manager has no authority to carry out the functions of the Body Corporate (unless there is no Committee and the Body Corporate Manager has been engaged to carry out all the functions of the Body Corporate under Chapter 5 of the Act).
The Body Corporate Manager cannot approve owners’ requests – these must be approved either by the Committee or by Owners at a General Meeting (Depending on the nature of the request).
Compliance items such as Work Health & Safety, Fire Safety, Insurance Valuation, Sinking Fund Forecasts and Asbestos reports are imposed by various legislative requirements, they are not imposed by the Strata Manager.
What is the Body Corporate responsible for?
- To maintain Body Corporate assets and manage expenditure from the Body Corporate Funds.
- To manage, maintain and control the common property for the equal benefit of all lot owners.
- To set the budgets and levies to be paid by the owners to ensure the Body Corporate has sufficient funds to meet expenses.
- To insures the common property and buildings (and also insures against public risk) as required by the legislation.
- To agree and implement the maintenance and asset renewal program for the building and the funding requirement for that plan.
- To select the service priorities for maintenance and asset replacement and, within the guidelines of the Act, obtain quotations for services and choose their own service providers (either at a meeting of the Committee or of the full Body Corporate).
- To Approve Meeting agenda and meeting material before it is distributed (other than owner motions, which must be included without change).
- Chairperson chairs all meetings at which they are present; if not present the persons present and entitled to vote decide who chairs the meeting (does not have to be the BCM or another committee member).
- To ensure Body Corporate records are maintained in accordance with the Act including Minutes, Roll of Owners, Financial Accounts, Register of Assets, Improvement to Common Property records and a Contracts Register.
What is the Body Corporate Manager responsible for?
- The Body Corporate manager is appointed to deliver the services specified in the Administration Agreement between Body Corpoate and Manager.
- Maintains the Body Corporate records in accordance with the legislative requirements; conducts banking under instruction of the committee.
- Prepares draft budgets and financial statements for the committee to consider, approve and submit to all owners for consideration at the Annual General Meeting.
- Prepares meeting material and minutes of the meeting at the direction of the committee. Does not have authority to submit or amend a motion or to add an item to a meeting agenda.
- Cannot chair the meeting if Chairperson is present; if Chairperson not present, the persons present and entitled to vote decide who chairs the meeting (does not have to be BCM or another committee member).
- Carries out the duties “agreed services” contained within the administration agreement with the Body Corporate.
- Maintains proper records on behalf of the Body Corporate in accordance with the Act.
- Arranges the insurance & pays the premiums on behalf of / at the instructions of the Body Corporate.
- Distributes correspondence, meeting agendas and minutes of meetings.
What else does the Body Corporate Manager do?
- Guides and advises the Committee on application of the Body Corporate and Community Management Act 1997 and Regulations;
- Supports the Committee in their decision making by providing advice on regulatory requirements, best practice, options for their consideration and implications of decisions made by the Committee.
- Provides information certificates and disclosure statements;
- Negotiates Insurance Policies and renewals on behalf of the Body Corporate. Manages Insurance claim lodgement and liaises between insurer and lot Owner.
- Offers Additional Services to the Body Corporate or to Owners upon request, for which there may be a charge at rates set out in the relevant section of the Administration Agreement.
What else does Strata Living Offer?
Sound body corporate management must balance the short term economy of day to day building operations with the long term objective of growing real estate asset value of all units.
StrataLiving takes these two aspects very seriously. We guide committees to ensure each Unit Owner pays only what they should and no more than they need to for sound asset management. Our Facilities Management team can take care of all of your maintenance needs.
StrataLiving Body Corporate Management is one of the Sunshine Coast’s leading body corporate and community title management companies.
For almost 20 years we have been providing clients with a comprehensive range of residential, commercial, community and resort body corporate services. Strata Management is a key part of the property equation. In fact, how a property is managed has as much influence on the quality of life, rental returns and long term value of your property as it’s location.
Our Strata Managers know and understand the local market, and their role in supporting you to spend only what you need to, and just as much as you should, to build property value.