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Changing Strata Law
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
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