Know Your Rights as a Body Corporate Member

When it comes to living in a strata property, it is important to know your body corporate responsibilities, how your body corporate works, and the obligations of the individual lot owners who make up your body corporate. After all you all play a role, and understanding to what extent you can get involved and make a difference, can help you feel more secure and reassured that your rights are always respected.

Overview of Body Corporate Membership

Body Corporate membership is a legal agreement that you enter into when you purchase a strata property. It isn’t something you can opt in and out of, as is often believed. Similarly, the Body Corporate is a legal entity responsible for the strata property management, its services, maintenance, and upkeep of common areas, as well as insurance.

As a member, you are part of the decision-making process of your complex and responsible for contributing towards the fees required to maintain your property. Your fees are in your body corporate’s account and used to pay your utilities, service fees and maintenance costs etc., just as you would to protect your investment in a standalone home.

It is important to be aware that such obligations are imposed by the legislation governing your Body Corporate. These include the responsibility to attend and vote at Annual General Meetings, to receive copies of all documents related to the strata and your ability to raise any concerns you have directly with your Body Corporate Committee. This can of course be done via your Strata Management Company. Understanding these principles and exercising them in a responsible way can help ensure the smooth running of your Body Corporate.

Understanding Your Role as a Body Corporate Member

As a member of a body corporate, you play an individual role to aid compliance and meet your collective responsibilities. These may vary depending on the jurisdiction and the specific strata scheme, but some common rights of body corporate members include:

• Right to vote – on matters that affect the strata scheme, such as the election of the committee, adoption of budgets, and changes to the bylaws. A lot owners right to vote can be impacted by the financial status of their account.
• Access to information - about the strata scheme, such as financial statements and meeting minutes. All owners are encouraged to read these records to remain aware of their body corporate’s activities and to contact their committee and/or management company with any questions.
• Attend meetings - to stay informed, discuss and vote on matters that are being considered at general meetings. All owners are encouraged to attend and/or issue a proxy in their absence.
• Nominate for committee – either as an individual or to put others forward for election to the committee.
• Dispute resolution - make a complaint or allege a breach of bylaws, through the relevant dispute resolution process.

While it is important for members of a body corporate to be aware of their rights, it’s equally important to note that outside general meetings, it is the owners corporation committee who meet proactively, to discuss and make day-to-day decisions that impact the owners corporation; how it operates, how it will meet its compliance obligations and how best to maintain the property. The Committee is supported by their Strata Manager who administers and implements their decisions.

If you want to be sure to stay engaged, and be a part of your owners corporations’ decisions, then you’re encouraged to join the committee. Remember too, at times your committee may be involved in a particular project that requires specific skills or knowledge. If you fit the bill for such a project, be sure to lend a helping hand and volunteer your time and ability to support and get involved, it’s always welcomed.

Respecting you, your property and your neighbours

To assist everyone enjoy living in a safe, harmonious, and comfortable environment, the Body Corporate implements a set of house rules and/or by-laws to minimise inconvenience and create a peaceful environment for all. These body corporate rules generally address the conduct and behaviour of owners, residents and their visitors – they may sometimes include the following:

• Minimisation of fire risks by ensuring their individual lot and use of common areas and its facilities, are within fire safety regulations.
• Maintain safety and security and take reasonable steps to ensure the safety and security of themselves and others in the strata property. This may be by preventing others from tailgating into a garage, not allowing people unknown to you into your building, closing gates securely behind you etc.

• Use of common property such as swimming pools, gardens, and recreational facilities.
• Parking arrangements and restrictions.
• Pets behaviour and cleaning up after them.
• Noise levels and restrictions on excessive noise.
• Maintenance and repair responsibilities.
• Renovations and alterations and how and when these can be carried out.
• Dispute resolution processes

Did you know that such body corporate rules are established by the owners corporation themself? It’s a vote put to all owners and the individual votes cast that determines the outcome. So if you’re not happy with the way things are, it’s up to you to contribute to the discussions and make a difference. You can start, simply by finding out how.

To learn more about your responsibilities as a body corporate member, how you can make your vote count and to receive knowledgeable guidance on your body corporate’s compliance obligations, contact our friendly Ace Body Corporate Managers.