The document discusses recent changes to strata laws in Australia and the increasing importance of selecting a competent strata manager. Strata schemes now function with similar rules and responsibilities as lower levels of government. Owners corporations must comply with numerous and complex strata laws as well as general laws that affect areas like repairs, renovations, privacy and discrimination. Selecting an experienced and knowledgeable strata manager is crucial to help owners corporations navigate these legal responsibilities and avoid costly mistakes. The presentation recommends using a service called Strata Match to obtain multiple options when selecting or replacing a strata manager.

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