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A 7 Part Training Series for New Queensland Body Corporate Managers, 18 June 2012
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© Copyright 2012 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 and community 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 has also been the CEO of a publicly listed company and one of Australia’s largest strata management companies managing over $8B of residential and commercial property. Michael 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 and community title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, strata community disputes, strata title property law, by-law / rules and levy / fee collection.
TEYS Lawyers provide an entirely cloud based working platform for their team. The firm provides flexible working arrangements and has remote working locations in Queensland and Victoria.
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Strata 101
A 7 Part Training Series for New Queensland Body Corporate Managers, 18 June 2012
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Defining Features of a Strata Scheme
The inalienable right to common property
Binding condiLons, covenants & restricLons
Taxes that run with the Ltle to lots
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
The Body Corporate/OC is the New Fourth Level of Government
Federal government Housing policy and affordability
State government
Local government Building approvals and standards
Housing land release and zoning
Body corporate / OC By-‐laws about common property
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Our Strata & Community Titled Country
382,991 (40,064)
728,780 (75,690)
419,289 (71,286)
38,375 (3,257)
15,120 (7,469)
99,344 (18,774)
241,126 (58,082)
19,100 (2,379)
Strata Lots (Aust) 1,944,125 Strata Schemes (Aust) 277,001
Source: City Futures Research Centre, UNSW 2012
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Your Place in the Strataverse
Strata Owners Media Bodies Corporate
Government
Academics
Service Contractors
Industry Bodies
Chairperson Secretary / Treasurer Commidee Member Members
Auditors Expert Report Providers Insurance Brokers
Consultants
Strata Managers Resident Managers
Built Environment
Tourism Strata Company
Local State
Bloggers Websites
Press Tweeters
Strata Community Lawyers
Unit Owners
Strata Managers
Resident Managers Strata Inspectors
Property Industry
Policy Advisors
Town Planning
Tribunal /Courts
Policy Advisors
Licencing AuthoriLes
Commonwealth
Tax Privacy Human Rights
Lawyers Owners Lawyers Resident Manager Lawyers
Financial Services
Banks Insurers
Developers Builders
Consultants
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Strata Governance v Strata Management
Governance decision making process of owners
Management implementaLon of owners decisions by managers
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Hierarchy of Power a Body Corporate
BC • Retains control over all decision making • Except for Victoria
C’tee • Makes decisions requiring an ordinary resoluLon • Cannot overturn BC decisions
Delg. • BC may delegate power to a manager or unit owner • Delegate cannot overturn BC or C’tee decisions
© Copyright 2012 Teys Lawyers www.teyslawyers.com.au
Next Week
• Strata development and Ltling
1. The development cycle
2. Strata manager’s consulLng role
for new developments
3. Different forms of Ltling