Strata Manager

Strata managers are professionals who are responsible for the administration of owners corporations.

They follow specific instructions issued by the owners committee.

Depending on the state and territory, they are also called owners corporation managers, body corporate managers, strata managing agents, managers, and agents.

It is their task to ensure buildings and common areas within a strata titled or community titled scheme are properly maintained for the benefit of all lot owners. 

Strata managers are specialists in their field, possessing the knowledge and skill to administer the owners corporation in accordance with the complex requirements of the particular state-based legislation. They also work to achieve consensus in decision making by the lot owners, and to otherwise assist the lot owners by assuming onerous responsibilities.

Their functions are not those of real estate agents or resident managers.

Strata managers are involved in coordinating the affairs of lot owners including conducting meetings, collecting and banking levies, arranging property maintenance, advising on asset management, placing insurance and keeping financial accounts.

Their duties include:

a)  set dates for committee meetings, the annual general meeting, extraordinary meetings

b)  prepare and distribute notices, agendas and minutes

c)  attend to correspondence

d)  organise and co-ordinate repairs and maintenance of common property, including a preventative maintenance program

e)  maintainin the owners corporation register

f)  arrange payment of all invoices

g)  prepare and distribute financial statements and budgets

h)  prepare and distribute contribution notices

i)  attend to orders, submissions and appeals

j)  ensure the strata scheme complies with all the Work Health & Safety (WHS) regulations

k)  provide advice in handling ‘difficult’ or complex strata issues.

Whelan Property Group – Strata Manager - Bronwyn Payne

Whelan Property Group will assist in the day-to-day management of the building and to ensure the strata scheme fulfils its legislative responsibilities.

Our Management Agreement references our responsibility to manage matters relating to the common property – the areas of the building that are shared amongst the owners, such as pool facilities, the foyer, hallways and communal gardens.

Whelan Property Group role includes but is not limited to;

Coordinating and managing committee meetings and AGMs

Issuing strata levy notices on behalf of the owners corporation

 Managing insurance claims

Preparing and distributing agendas and minutes

Arranging the payment of invoices on behalf of the owners corporation o Preparing and managing the annual budget

Enforcing by-laws

Record keeping: the strata roll, registered plans, by-laws, correspondence and specialist reports

Promoting legislative compliance for various types of necessary certification and Work Health & Safety obligations

Providing general guidance on by‐laws and assisting with by-law breach management, mediation, NCAT orders & appeals

Whelan Property Group – Building Management Integration

A Building Manager (Facilities Manager) is appointed by the Owners Corporation and can delegate various roles and responsibilities.

Their role involves coordinating the maintenance to optimise the good order of common property.

A Building Manager’s role includes but is not limited to:

Creating and managing the asset register and preventative maintenance schedule

Organising and coordinating repairs and maintenance (to common property)

Issuing work orders and verifying invoices

Being an on-site contact for owners, residents and contractors

Site inspection of all common property

Identify by-law breaches for escalation

Registering common property access devices such as keys, swipes, and remotes

Preparing notices and communications and posting to the building noticeboard

• Record keeping of all services, costs and expenditure associated with contractors authorised by the owners corporation

• Ensuring fire compliance is maintained and coordinating certifications including lifts, swimming pools, fire systems, and roof anchor points.

• Obtaining and recording all documents from contractors (such as their insurance certificate and copy of a business/contractor licence etc.) to ensure compliance and regulatory requirements are met

The Roles of Strata Committee

Chairperson

The Chairperson’s main role in a Strata Committee is to preside over meetings, and ensure they are conducted smoothly, fairly and in accordance with relevant legislation.

The Chairperson must chair all general meetings and strata committee meetings (or they may delegate to our office) they attend and make determinations as to quorums and procedural matters at meetings.

If the Chairperson is not at a meeting, another person can be nominated to chair that meeting (or your Strata Manager.

Secretary

The Secretary is essentially the administrative officer for the owners corporation. It is their role to attend to the administrative requirements of an owners corporation. The Secretary's duties include calling general or committee meetings, sending out notices for meetings, preparing and distributing meeting minutes, maintaining the meeting attendance list and receiving voting papers.

The Secretary must also maintain the strata roll, answer owners corporation communications and enable the inspection of documents as requested by owners or authorised bodies.

Treasurer

The Treasurer’s main role on a strata committee is like that of a corporation’s chief financial officer. Their duties include notifying owners to levy contributions, keeping accounting records and preparing the financial statements, managing money paid to the owners corporation The Treasurer will be required to approve all Owners Corporation invoices by our online portal.

Strata Committee Code of Conduct

Understanding of the Strata Schemes Management Act (2015), the Strata Schemes Management Regulations and the Strata Committee Code of Conduct.

1)  A Strata Committee Member must have;

a.  A commitment to acquiring an understanding of the Act and Regulations, as relevant to the member’s role on the Strata Committee; and

b.  A good understanding of this code.

2) Complying with Act, Regulation and code

a.  A Strata Committee must take reasonable steps to ensure that the member complies with the Act and Regulation, and this code, when exercising the member's functions as a Strata Committee.

3) Honesty and fairness

a. A Strata Committee must act honestly and fairly and with integrity in exercising the member's functions as an Strata Committee.

4)  Care and diligence

a.  A Strata Committee must exercise reasonable care and diligence in exercising the member's functions as an Strata Committee.

5) Acting in owners corporation's best interests

a. An Strata Committee must act in the best interests of the owners' corporation in exercising the member’s functions as an Strata Committee, unless it is unlawful to do so.

6) Conflict of interest

a. A Strata Committee must disclose to the Strata Committee any conflict of interest the member may have in a matter before the committee.

Example

Voting against a Capital fund interest because the member is intending to sell his unit and considers increased levies may affect the sale.

7) Unfair benefit

a. An Strata Committee who seeks to gain a benefit over a member or members of an Owners Corporation must disclose prior to any motion relevant to such benefit, the

nature and extent of the benefit he or she may obtain from the passing of that motion.

8) Decisions must be impartial, accountable, open and respectful
a. A Strata Committee must make impartial, accountable and open decisions, must avoid decisions that unfairly discriminate or detrimental and respect other persons and differences of opinion.

9) False, misleading and deceptive information

a. A Strata Committee must not offer or provide false, misleading or deceptive information at any meeting of the Strata Committee or otherwise.

10) Unconscionable conduct

a. A Strata Committee must not engage in unconscionable conduct in exercising the member’s functions as an Strata Committee.

Examples

Improperly using the Strata Committee’s position on the Strata Committee to gain, directly or indirectly, an advantage personally or for someone else, OR, exerting undue influence on, or using unfair tactics against, the owner of a unit in the units plan.

11) Nuisance

A Strata Committee must not-

a. Cause a nuisance on the land; and

b. Otherwise behave in a way that unreasonably affects a person's lawful use or enjoyment of a unit or the common property.

12) Administrative and Capital Works Fund Levies and Accounts

a. An Strata Committee must always vote in respect of the long term common good with a view to making or proposing administrative and Captial works fund levies, must ensure the accounting records correctly reflect all transactions as and when they occur and must fairly decide on the allocation of expenses to the administrative or to the Captial fund as the case may be.

13) Dealings with Strata Managing Agents and Suppliers

a. A Strata Committee must always be courteous in his or her dealings with strata managing agents and suppliers, respond promptly with approvals or information when information is requested and not seek to influence their decisions or course of conduct unreasonably.

14) Emails and Meetings

a. A Strata Committee will follow the best practices for email communication and meetings listed in schedule 1 and 2 to this Code of Conduct.

15) Best practices

Schedule 1 - Email Communication

a. Members should endeavour to deal with one topic in each email.

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b. Members should not include material which is not relevant to the topic of the email.

c. Members should where possible disclose all intended recipients of the email.

d. Members should not forward an email without acquiring permission from the sender first.

e. Members should ensure that emails are courteous in tone and content and which do not include material which is flaming, abusive, libellous, defamatory, offensive, racist,

obscene or unnecessary or designed to bully or intimidate.

f. Members should only send emails which could, subject to the protection of confidential information, be displayed on a public notice board.

16) Schedule 2 – Meetings

a. Members should ensure that the agenda is concise and accurate.

b. Members should avoid where possible raising new business at a meeting which has not been notified to members prior to the meeting.

c. Members should ensure that each agenda item is limited to a single topic.

d. Members should ensure all agenda items are accompanied by explanatory notes

e. And that these notes are circulated with the agenda. Supporting documentation such as quotes and reports should also be circulated with the agenda.

f. The agenda should be arranged and addressed in order of priority; matters of compliance should be addressed first.

g. Time limits should be set for when information from owners must be received. The agenda could include all correspondence to be considered by the committee must be

received at least 3 days prior to the meeting."

h. A member seeking consideration of a particular motion should draft it and circulate it to the other members prior to the meeting.

i. The meeting should commence on time but deal with minor matters first to facilitate latecomers; the chair should record apologies only if apologies have been received.

j. The chairperson should chair the meeting and ensure the agenda is followed;

k. Comments on issues other than the subject of the agenda item should not be permitted.

l. Members wishing to speak on a particular topic should do so through the Chair and open discussions on matters should be avoided. Each member should be given an

opportunity to speak.

m. When members have had their say a decision should be made and the next agenda item considered.

n. A reasonable timeline for the end of the meeting should be set and maintained.

17) Decisions a Strata Committee cannot make

a. Improve or enhance the common property - requires a special resolution to be passed at a general meeting of the owners corporation.

b. Set levy contributions to Administrative and Capital Works Fund requires an ordinary resolution to be passed at a general meeting of the owners corporation.

c. Commence or obtain legal advice, except where ;

1.  If the Strata Committee or Owners Corporation believes urgent action is necessary to protect the interest of the Owners Corporation and the cost of the

legal services is under $15,000;

2.  To obtain legal advice prior to taking legal action;

3.  To take legal action to recover unpaid levy contributions and interest; or

4. For non-urgent legal services provided the costs are $3,000 or less.

d. obtain two quotes or more if the amount is $30,000 in relation to any one item or matter - for large schemes only.

e. Approve by-laws – requires a special resolution to be passed at a general meeting of the Owners Corporation.