Changing Strata Law

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



With All the Trappings of Office
Laws
(By-Laws)

Taxes

Elections

(Levies)

(Committee)



Laws of the Strataverse

Strata
Act

Common
Law

78 Other
Acts

Bewildered Strata Owners


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

Tax Agent

Treasury

Insurance
Broker

Knowledge
Manager

WHS
Officer

Compliance
Officer

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


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

Appointment

Shortlist

Recommendation

Tenders

Evaluation



The Strata Match Proposition

3 New
Choices

Removes
Current
Manager

Free to
Owners


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



Changing Strata Law

More Related Content

What's hot

More from TEYS Lawyers

Recently uploaded

Changing Strata Law