changing strata law
DESCRIPTION
Why the selction of your strata manager is more important than everTRANSCRIPT
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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
Local government Building approvals and standards
Housing land release and zoning
Owners corporation By-laws about common property
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
With All the Trappings of Office
Laws(By-Laws)
Elections(Committee)
Taxes(Levies)
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
Laws of the Strataverse
Bewildered Strata Owners
78 Other Acts
Strata Act
Common Law
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
Thou Shalt Act Reasonably
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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
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
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
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
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
The Role of Strata Managers
Company Secretary
Treasury
Knowledge Manager
Compliance Officer
WHS Officer
Insurance Broker
Tax Agent
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
1. Non-responsive2. Poor communicator3. Lack of knowledge4. Inability to advise5. Poor interpersonal skill6. No value for money7. Conflicts of interest
7 Reasons For Firing Your Manager
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
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
The Strata Match Solution
Needs
Shortlist
Tenders
Evaluation
Recommendation
Appointment
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
The Strata Match Proposition
3 New Choices
Removes Current Manager
Free to Owners
© Copyright 2013 Teys Lawyers www.teyslawyers.com.au
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
About the Presenter