Published on February 26, 2014
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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
We Have a New Level of Government! Federal government Housing policy and affordability State government Housing land release and zoning Local government Building approvals and standards Owners corporation By-laws about common property © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
With All the Trappings of Office Laws (By-Laws) Taxes Elections (Levies) (Committee) © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
Laws of the Strataverse Strata Act Common Law 78 Other Acts Bewildered Strata Owners © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
Thou Shalt Act Reasonably © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
Thou Shalt Repair & Maintain Reasonably? Strict liability? Changing common property boundaries? Simplifying owners renovations Terminating strata schemes © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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) © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
The Role of Strata Managers Company Secretary Tax Agent Treasury Insurance Broker Knowledge Manager WHS Officer © Copyright 2013 Teys Lawyers Compliance Officer www.teyslawyers.com.au
7 Reasons For Firing Your Manager 1. 2. 3. 4. 5. 6. 7. Non-responsive Poor communicator Lack of knowledge Inability to advise Poor interpersonal skill No value for money Conflicts of interest Source: Governing the Compact City: The Role and Effectiveness of Strata Management, City Futures Research Centre May 2012 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
The Strata Match Solution Needs Appointment Shortlist Recommendation Tenders Evaluation © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
The Strata Match Proposition 3 New Choices © Copyright 2013 Teys Lawyers Removes Current Manager Free to Owners www.teyslawyers.com.au
About the Presenter 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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
STRATA LAW & STRATA LEGAL ADVICE. Specialist Strata legal advice should be obtained for: Drafting or changing by-laws (eg alterations or additions to ...
If no custom by-laws are lodged with the strata plan, ... Management Act 1996 deals with all the legislative requirements for adding or changing by-laws.
By-laws in a strata scheme Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact ...
The strata corporation or section can amend (create, change or delete) bylaws and rules to suit the needs of strata owners while also meeting legal ...
Information regarding the by-laws and legalities of keeping pets and animals in apartments and strata. ... Find out how to change your building's by-laws ...
Strata Law Guide. Welcome to the Strata Law Guide, a free online resource from Small Law Corporation. This reference guide for owners, strata councils ...
How is a new by-law for a Strata ... Where a by-law confers exclusive use of ... For legislation regarding the changing of by-laws see Sections 47 ...
CHANGES TO STRATA LAWS BENEFIT OWNERS, BUYERS, RENTERS . VICTORIA – Changes to the Strata Property Act will create more rental housing and improve the ...
Information about living in strata units, strata disputes and strata publications. Links to other strata pages and online forms.