Body Corporate Living – Do you know what it means for you?
Posted by apm on November 14, 2024 | Body Corporate, Company News, News
Body Corporate living involves a range of responsibilities so we outline a few things you may need to know when buying into or living in a Body Corporate property.
If you are curious about living in a Body Corporate, or have brought into a place with a Body Corporate, then what does it mean? Body Corporate living involves a range of responsibilities and below are a few things that you may need to know.
What is a Body Corporate?
A Body Corporate is an entity consisting of all the owners in a unit title development – if you are an owner, then you are a member of the Body Corporate. When an owner sells their unit/property they are no longer a member of the Body Corporate. The new owner becomes a member of the Body Corporate instead.
What does a Body Corporate Do?
The Body Corporate is responsible for a range of management, financial and administrative functions relating to the common property and to the development/property as a whole. These functions relate to things all unit title owners have a shared interest in e.g land, money, or other property. This is why all owners are members of the Body Corporate.
A Body Corporate will organise maintenance of shared areas, gardening, lift repairs, insurance, levies and other matters related to the complex.
Click here to learn more about the governance of a Body Corporate.
What does Body Corporate Living mean for you?
Legislation Knowledge
Learn about the Unit Titles Act 2010, the Unit Titles Regulations 2011, and the Unit Titles (Strengthening Body Corporate Government and Other Matters) Amendment Act 2022 as they work in conjunction with one another. These are the Legislative frameworks that govern how a Body Corporate is to operate. Committee members will need to be familiar with legislation that governs meetings, conduct of committee members and the duties and powers of a Body Corporate.
Committee
Each year at an Annual General Meeting, unit title owners can vote on who will be on the Committee. This Committee represents the owner’s interests as a whole and keeps financial accounts, signs documents on behalf of the Body corporate, and organises work on the building/property if needed. If the property has more than 9 units, then a committee MUST be formed. If there are 9 or less units then the Body Corporate doesn’t need a committee. You can learn more about Body Corporate Committees here.
Levy Payments
As a unit title owner you must pay levies/fees that contribute to the Body Corporate’s general management and administration. They help cover, amongst other things, various aspects including insurance, building works, repairs, and cleaning, while the AGM determines the amount and timing of payments. If your Body Corporate has professional Managers, then levy invoices are sent on a quarterly, six monthly, or annual basis.
Operational Rules
Rules are generally day to day living requirements. This can be a parking policy, property aesthetic policy, or pet policy, and are determined or amended at an AGM. If you have a pet and looking to buy a Body Corporate property, then check their rules allow pets.
Points of Contact
Your building may be managed professionally by a Body Corporate management company (like apm), or may be done in-house by Committee Members. There may also be a Building Manager employed. A Body Corporate Manager or Building Manager are key contacts when living in a Body Corporate property.
AGMs/EGMs
Every year all unit title owners will be invited to attend an Annual General Meeting (AGM), or an Extraordinary Meeting (EGM) if something needs to be agreed on. This is where those who attend make or finalise budgets, financials and resolutions. These meetings also allow owners to vote on the Committee and raise issues or vote on decisions. You can attend these meetings online, in-person, or by proxy.
Role of a BC Manager
A Body Corporate Manager (such as apm) is responsible for the administration of the Unit title property – organising meetings, collecting levies, keeping financial records etc. A Committee or Chairperson can only instruct a Body Corporate Manager to carry out tasks and duties. A Body Corporate Manager does not have the power to make decisions. The Body Corporate Manager works for all of the owners in the Body Corporate as a whole.
Owners Responsibilities
As a unit title owner you (or tenants of your property) must obey the Body Corporate rules, pay levies, meet legal requirements about the use of your unit/property, understand your rights, and maintain your unit/property. You can learn more about unit title owner responsibilities here.
As professional Body Corporate Managers, we have it all covered for you and your Body Corporate property. There isn’t many situations our experienced and knowledgeable Body Corporate Managers haven’t seen. If we can provide specialist and tailored service to your Body Corporate, then we would love to hear from you.