Changing Strata Law

© Copyright 2013 Teys Lawyers www.teyslawyers.com.au

Changing Strata Laws:

Why the Selection of Your Strata Manager is More Important Than Ever

By Michael Teys, Lawyer Strata Match 5 & 6 March 2013


We Have a New Level of Government!

Federal government Housing policy and affordability

State government

Local government Building approvals and standards

Housing land release and zoning

Owners corporation By-laws about common property


With All the Trappings of Office

Laws(By-Laws)

Elections(Committee)

Taxes(Levies)


Laws of the Strataverse

Bewildered Strata Owners

78 Other Acts

Strata Act

Common Law


Thou Shalt Act Reasonably


Thou Shalt Repair & Maintain

Reasonably?

Strict liability?

Changing common

property boundaries?

Simplifying owners

renovations

Terminating strata

schemes


Thou Shalt Not Overcrowd

Limits per room More by-law

enforcement power New CTTT powers New local council

powers Dangerous new

territory for owners corporations


Thou Shalt Respect Privacy

Owner’s list must be provided

Privacy policy required for unsolicited personal information

Limitations on marketing to owners

Discretion on by-law infringements

Discretion on levy defaults


Thou Shalt Not Discriminate

Modifications for the frail ($35,000)

Rules restricting young people using common property ($7,500)

Sign language for the hearing impaired at meeting ($5,000)


Thou Shalt Fix Defects

85% of new buildings are defective

Pro-developer government

Timeframes already shortened

Prescribed developer maintenance schedule

Limits on consultants and lawyers


The Role of Strata Managers

Company Secretary

Treasury

Knowledge Manager

Compliance Officer

WHS Officer

Insurance Broker

Tax Agent


1. Non-responsive2. Poor communicator3. Lack of knowledge4. Inability to advise5. Poor interpersonal skill6. No value for money7. Conflicts of interest

7 Reasons For Firing Your Manager

Source: Governing the Compact City: The Role and Effectiveness of Strata Management, City Futures Research Centre May 2012


Good Luck Finding a New Manager

One-sided contracts No copy of the contract No owners’ mailing list Manager’s hostility No brand-name managers No insight on operations No transparency re costs


The Strata Match Solution

Needs

Shortlist

Tenders

Evaluation

Recommendation

Appointment


The Strata Match Proposition

3 New Choices

Removes Current Manager

Free to Owners


About the presenter - Michael Teys is the Founder and Principal Lawyer

of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in

the area of strata title law. He is a Fellow of the Australian College of

Community Association Lawyers. He was formerly an Adjunct Lecturer with

Charles Sturt University. He appears weekly on SKY News Business

Channel's Property Success with Margaret Lomas and is a regular panellist

for the property edition of Your Money, Your Call for the same channel. You

can read Michael’s blog at www.michaelteys.com and follow him on Twitter

at @MichaelTeys.com

Teys Lawyers practice nationally in strata title law representing owners corporations, bodies

corporate and apartment owners. The firm’s practice groups include building defects, strata

community disputes, strata titles property law, by-laws and levy collection.

Subscribe for their free e-newsletter StrataSpace and find out more about them at

www.teyslawyers.com.au

About the Presenter

http://www.teyslawyers.com.au/

Education

Changing Strata Law