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Changing Strata Law
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Changing Strata Law

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Why the selction of your strata manager is more important than ever

Why the selction of your strata manager is more important than ever

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  • 1. 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
  • 2. 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
  • 3. With All the Trappings of Office Laws (By-Laws) Taxes Elections (Levies) (Committee) © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
  • 4. Laws of the Strataverse Strata Act Common Law 78 Other Acts Bewildered Strata Owners © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
  • 5. Thou Shalt Act Reasonably © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
  • 6. 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
  • 7. 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
  • 8. 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 © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
  • 9. 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
  • 10. 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
  • 11. 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
  • 12. 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
  • 13. 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
  • 14. The Strata Match Solution Needs Appointment Shortlist Recommendation Tenders Evaluation © Copyright 2013 Teys Lawyers www.teyslawyers.com.au
  • 15. The Strata Match Proposition 3 New Choices © Copyright 2013 Teys Lawyers Removes Current Manager Free to Owners www.teyslawyers.com.au
  • 16. 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