Thank you for considering Holdsworth Real Estate to manage your strata property.
You are welcome to contact us if you have any questions about Strata Management or you may find the answer you need among the frequently asked questions below.
Frequently Asked Questions
The following is a summary of functions which may be wholly or partially delegated to a manager to assist the Council to discharge its functions on behalf of the owners collectively. Some of the functions must be performed by the strata company.
- Enforce the by-laws
- Control and manage the use of the common property
- Keep the common and any personal property of the company properly maintained
- Implement resolutions of general meetings of the company
- Comply with notices and orders in respect of the lots and common property
- Comply with a requisition or application by one or more proprietors
- Acquire or dispose of personal and common property
- Carry out works where a proprietor has failed to comply with a requirement to so
- Carry out works to remedy certain structural defects
- Gain entry to a lot after reasonable notice or, at any time in an emergency
- Maintain any required employment records
- Arrange for insurance in compliance with the relevant section of the Act e.g. for the full replacement value of the building, including fixtures and improvements
- Insure in respect of damage to property, death, or bodily injury for not less than $5,000,000
- Insure under Workers' Compensation and Injury Management Act 1981
- Insure against such other risks as the company may from time to time determine
- Lodge claims under insurance policy in the name of the company
- Apply the proceeds of any claim to repair or replace the affected property
- Obtain a valuation of the building replacement value as defined in section 53 of the Act
- Ensure action is taken by a proprietor pursuant to section 54A of the Act
- Insure as determined pursuant to the provisions of section 55(4) of the Act
- Recover money from a proprietor pursuant to section 55A of Act
- Maintain a record of notices or orders served on the company
- Maintain a record of minutes of general and Council meetings
- Compile and maintain the roll of proprietors
- Make records available for the inspection pursuant to section 43 of the Act
- Provide certificates and information pursuant to section 43 of the Act
- Maintain current records of the company
- Provide safe custody of the common seal of the company
- Store and retain for the prescribed period all records required to be kept
- Provide copies of documents pursuant to section 43 of the Act
- Establish a sufficient fund for administration expenses
- Maintain proper books of account
- Prepare an annual statement of accounts in respect of each financial year
- Pay any insurance premiums and other financial obligations of the company
- Notify each proprietor, or mortgagee in procession of a lot, of levied contributions
- Record the amounts received against administrative fund obligations
- Recover a proprietors debt to the company pursuant to section 36(1)(d) of the Act
- Provide other financial information and reports as requested
- Prepare a draft budget of estimated expenditure from the administrative fund for the ensuing year
- Prepare a funding proposal for levying contributions in respect of the administrative fund for the ensuring year
- Comply with any restriction on the power to undertake expenditure in any one case notify all proprietors and first mortgagee of the purpose and amount of proposed budgeted expenditure as provided for in section 47(3) of the Act
- Establish a reserve fund for contingent and other major expenses likely to arise in the future
- Prepare a provision for likely future costs to be funded by the reserve fund
- Notify each proprietor of levied contributions for the reserve fund
- Record the amounts received against reserve fund obligations
- Invest surplus money in either the administrative or reserve funds
- Reduce the rate of simple interest payable on unpaid contributions
- Require a security deposit for any sub-metered utilities
- Prepare and issue notices for the annual general meeting of the company
- Distribute minutes of the annual general meeting of the company
- Prepare and issue notices of extraordinary general meetings
- Distribute minutes of extraordinary general and Council meetings
- Prepare and issue notices of Council meetings
Communication with the Council
- Refer all requisitions, applications, correspondence, inquires, complaints and requests for information, other than those contemplated by sections 43 of the Act, to the Council for its consideration and action
- Maintain register of incidents and relevant matters affecting the company and its common property and provide details of such incidents to the Council
- Provide such general advice, information and assistance as is reasonable and within the manager's knowledge to the nominated strata company representative or the Council
- Follow established and agreed procedures for obtaining authority and instructions from the Council or strata company representative and promptly comply with instructions received from the Council or strata company representative
Communication with proprieties and others
- Accept postal enquires and information
- Accept applications and requisitions from proprietors
- Receive telephone enquiries and information during office hours
- Receive Email enquiries and information during office hours
- Refer enquires and information which require some action by the company to the Council or the strata company representative
- Respond and provide information, not requiring action by the company, to the enquirer
A strata company is a unique form of body corporate which is not subject to Corporations' Law but it is, none less, a legal entity carrying on an enterprise and is a subject to Australian tax Laws. A Strata company comes into being at the time of registration of a strata plan or survey-strata plan by the Registrar of Titles.
The registered strata or survey-strata plan depicts the lots which are individually owned by lot proprietors. All lot proprietors are “members” of the strata company once their name is registered on their lot tittle. Lot proprietors are commonly referred to as “owners”.
While there similarities between owners and shareholders, there are also important differences. The most important of these is the mutual and unlimited liability for loses or debts of the strata company. This exposure should alert owners to the need for proper management of the functions of their strata company.
A strata is created when a property is divided into lots and common property. There can be any number of lots. Each lot can be composed of more than one part (called part lots) and each lot can have a different owner. You can obtain from Landgate a copy of the Certificate of Title which relates to the lot you are interested in and you should also obtain from the same Agency a copy of the Strata Plan of which the lot forms a part. If you are intending to buy a lot then the real estate agent/seller of the lot should provide you with a copy of both of these documents as part of their disclosure statement.
(Refer to Strata Titles Act 1985, Section 4)
Your unit entitlement is recorded on the strata plan and it signifies your proportional entitlement and obligation within the whole scheme. It governs your proportional obligation to pay levies and you proportional vote in a poll. The unit entitlement is a whole number (i.e it is not shown as decimal or fraction) and is determined by the licensed value's certificate that accompanies the strata plan at the time of lodgement for registration. It is possible to vary the schedule of unit entitlements for a strata sheme, providing firstly that these is a resolution by the strata company without dissent from any owner under Section 15 of the Strata Titles Act 1985.
Common property comprises all those parts of the land and building in your strata scheme that are not included in any lot. Some strata schemes do not have any common property. Common property is owned by all owners. Common property is at the root of the statement that persons buying into strata titled properties are buying into a community. Common property is managed by the strata company. Each owner has responsibility for the common property. Each owner will share in paying the cost of the upkeep of the common property. Gardens, swimming pools, parking areas, corridors, foyers, elevators, external walls are all usually part of the common property of the strata company. No individual owner may change the common property without the approval of the strata company.
(Refer to Strata Titles Act 1985, Section 3).
As a member of the community you are required to comply with rules of the strata company. As long as any changes you wish to make do not impact on the structural integrity of the building or its infrastructure or affect the common property or break any of the by-laws, then you can proceed. In most cases, because you share a building with other people, common sense indicates that you should advise the strata company if you are intending to undertake renovations.
NOTE: if your renovation requires local government approval, then you must first obtain strata approval.
(Refer to Strata Titles Act 198 Schedule 2, Items 13 and 14)
Owners of strata lots are not permitted to carry out any works outside their lot without the approval of the strata company.
(Refer to Strata Titles Act 1985, Sections 7, 7A and 7B)
Yes. A strata company is obligated to establish a fund for administrative expenses that, in the opinion of the company, is sufficient for the control and management of the common property and for the payment of insurance premiums and the discharge of any other obligations of the strata company. You are obliged to contribute to that fund by payment of a regular levy, usually quarterly.
You may also be obliged to contribute further money or pay another (special) levy if the strata company decides to establish a reserve fund for the purpose of accumulating funds to meet contingent expenses, other than those of a routine nature, and other major expenses of the strata company likely to arise in the future (e.g. infrequent repairs such as roof replacement or renewing bitumen in parking lots or driveways).
NOTE: if you are an owner in a two lot scheme (e.g. one half of a duplex building), the strata company is not obliged to establish any funds for administrative expenses.
(Refer to Strata Titles Act 1985, Section 36)
You are obliged to repair and maintain your lot and keep it in good state of repair and carry out all work that may be ordered by competent public authority or local government to be done in respect of your particular lot. Maintenance of the common property, if any, is the responsibility of the strata company and should be arranged by the strata council and paid for from levies collected by the strata company. You may be required to maintain common property on which you have the exclusive use.
(Refer to Strata Titles Act 1985, Section 1, item 1)
The basic principle of insurance in strata schemes is to provide for joint insurance of common property, to ensure that owners are adequately covered against loss or damage arising from claims against the strata company that arise from incidents occurring in or on common property. The responsibility for insurance varies depending on the type of strata scheme. Insurance of personal property is the responsibility of the lot owner.
(Refer to Strata Titles Act 1985, Section 53 to 59)