Thank you for a great site! Lots of quality information to be found here. I have a quick question for you:. We own a unit, which is in the body corporate letting pool managed by the property managers. We are planning to occupy the unit ourselves in the not too distant future.
This unit was purchased 20 years ago and I can find no paperwork or contract that ties us to a letting agreement. How much notice should we give and to whom, the body corporate or the building manager? The Manager should have a copy of the agreement it being fairly crucial that they do.
You could ask for a copy and see if they can produce it. Most contracts will have a 90 day exit clause though it is possible for either side to negotiate different terms. With our management agreement on rental property I have a 30 day exit clause. You can find more details here. In the body corp signed an agreement with the then resident caretaker valid for up to 25 years.
After 15 years the current caretaker has quoted a clause demanding a dramatic increase in fees. He has hired a company to report looking at his duties and fees The report uses an American company who estimates his hourly rate. If equated to a 38 hour week, it is more than what a 4 year trained teacher after 9 years service earn. I do suggest, before you commit to the ARAMA review that you see a solicitor specialising in body corporate.
It looks like ARAMA are a manager initiative and you need to have independent information before proceeding. They are very much pro owners and take an interest in Management Rights issues among others. As to the average caretaker hourly rate: And its hard to compare apples to apples without reviewing the tasks included in the contracts.
I wish you the best and please do drop back and let me know what happens. If left as it is the cost of this travesty will cost the owners heavily over coming years.
This, in our view, is merely to give the developer an inflated sale price for the rights when put up for sale. Is there any action we can take to remedy this rip off. Unfortunately the Developer, or the Original Owner, as holder of all the lots is able to act on behalf of the body corporate and enter into these agreements. Its a travesty as you say but completely legal at this point in time.
You might want to have a chat to the Unit Owners Association of Queensland. They may be able to give you up to date information regarding submissions made to the Govt to amend this legislation to give owners some protection. Hi we live in a complex and our onsite managers have recently sold the management rights. We have been given documentation to sign and there is a new clause that gives the bank authority to appoint a manager if the new owner goes bankrupt. The contract will likely be for the protection of the bank.
Remuneration payable under the management rights contract will not be altered. Indeed it cannot be altered other than via passing an ordinary resolution at general meeting to enter into a Deed of Variation.
Hi, I have a unit I purchased last with a care taker that was voted back in for 15 years despite people being unhappy, it appears they have changed committee members. The current caretaker if you are in their letting pool is very sweet to you but if you are not they are constantly rude. How can we regulate that they are being transparent with their letting agreement with the money they earn from the let than give us?
How can we vote them out or make them meet objectives that are for the whole building instead of those who vote them in on the committee? The committee does not vote in the Caretaker. If the contract has been renewed for 15 years then its because the lot owners voted to do so. If it was only the committee who voted your solution would have been to get others to vote. If the committee is having problems with he building manager there are things they can do to encourage the Caretaker to sell to someone new, and hopefully better.
The letting part is nothing to do with the body corporate. Its covered under real estate law. They need to be licensed and act in a certain way. It does sound like things are not as transparent as they should be. We live in a complex that is also holiday rentals.
It is has 24 hour reception and at 10pm if we are out on the balcony they let themselves into our apartment to tell us to go inside and close the balcony doors. Are they allowed to enter our apartment with their own swipe card? The by-laws state when the body corporate, or its agents, may enter the lots. To come into an apartment to tell you off is not acceptable.
Complain to your owner or rental agent. Ask them to complain to the body corporate. Hi Lisa The caretaker at our complex has had a time and motion study done to increase his fee. The hours determined for this we do not disagree with greatly, but the hourly rate we do. He is also refusing to tell us who will do these extra hours as at present there are not enough bodies to complete these tasks. He is elderly and is unable to do physical tasks himself and has only one other person that does.
We would like to take the gardening out of his contract and hire someone else to do that as the hourly rate would be much less and we would have control over someone to work a set number of hours and get a much better result than we are at present.
He has said that we cannot alter the contract but it has already been altered with the tasks that he refuses to do being done externally. What are our options? Have you made your objections known to the committee?
Discussing matters with them may be an avenue to have your issues addressed. There are other options if you disagree with the committee but they require you have the support of other owners.
You could object to the body corporate paying extra to have tasks required to be done by the Caretaker. The committee should be following the terms of the contract s.
You could try to replace the committee. That would require a general meeting. Can you pass an enforceable motion to get some action on the issues? The core problem in your scheme sounds like differing opinions of owners. If those in the letting pool are in a position to vote for the changes and they are the majority then they will have their way. Its frustrating but such is joint ownership. Thanks Lisa I do understand that majority rules and certainly agree with that..
In answer to my first question can we take the gardening out of his contract and have these tasks done externally. Otherwise you have an existing contract and any change will be made by negotiation between the contract parties. Hi John I purchased a unit in a complex that has a live in Manager as it is mixed holiday and owner occupiers. Apparently the locks, normal and deadlock were changed by the previous owner and the manager was not able to enter my apartment when the fire alarm was activated.
He said these would need to be changed and proceeded to contact a locksmith and then sent me the bill. Look forward to your reply. If I purchase a unit in a holiday complex with live in managers in NSW am I compelled to enter a management agreement with the managers and be part of the rental pool or can I choose to have exclusive use of my own appartment?
Are there differences in the rules between states?. The Letting Authorisation gives the manager exclusive permission to run a business on the site and that is all. The body corporate can enter contracts re common property only. To enter the rental pool you would need to enter a contract with the onsite manager.
You are free to do so, or not, as you please. If you do not then you are free to rent your property as you see fit though, of course, any tenants will be required to observe the by-laws. Yes there are differences between the legislation state to state. This however is a concept: Our Management Rights company has put in a Deed of Variation. Our committee want to reject this proposal but have been advised that if we do the Management company will invoke an S Could you advise what that means please.
Section applies to a review of the terms of agreements. Essentially the remuneration and terms are reviewed, though no direction is made that matters must then be amended. It is a complex issue though and, if the Managers enact the clause, the scheme should engage a Strata Solicitor to act on their behalf. If you Management Rights company is a lot owner then they may submit a motion to general meeting, including entry into a Deed of Variation. The committee does not have the power to reject this proposal.
Most matters to do with the Management Rights, including Variations, are restricted issues, meaning they must be decided by ordinary resolution at general meeting, sometimes by secret ballot. If the Management Rights company is not a lot owner then they may not submit a motion.
Another owner or committee will need to do it for them. As an owner occupier in a strata scheme im wondering about my rights. Altho i feel i have none. Pegging clothes on line in my underwear privately and pest control just walks in gate un announced?
Can i put a lock on my gate? Shouldnt they knock first at front door? Resident manager insists he and contractors have access to our yard anytime they like and dont have to let us know or knock?
He also said he can enter our home anytime if needs be using his master key. Front door is common property? Ok but the inside isnt. He said he would give us notice pest inspection but if we were unavailable he could enter anyway. Seriously…do we have any rights against this meglomaniac drama queen. Also can i install cctv cameras at my front door and back yard. I feel really worried living here and im the owner.
First of all, no, the Resident Manager does not have the right to let himself into the unit any time he feels like it. Or the yard for that matter. He is right that there are certain times that the body corporate may enter the premises though. Refer to your by-laws for wording of the applicable clauses.
Reasons when they may action this right are few and far between. Adequate notice in writing will be required first unless the matter is of life threatening or dangerous — so for instance if your unit was on fire and you were out. The pest control is problematic. There is no circumstance that allows bodies corporate to make decisions about your lot. The body corporate may not make decisions that affect your property; the interior of your lot and exclusive use. Its the same with lawn mowing of exclusive use: Its not body corporate business.
At least the motions are proposed and passed at general meeting and the Resident Manager is expected to organise and carry it out. So they do, and that includes entering the property. Your best be there would be to object to the whole practice.
As to the CCTV cameras. The back yard should be OK — its into your area. The front door is as you say common area, or at least the side into the complex is common area, so no. There are also issues with privacy around cameras that you might want to check out.
I feel for your Kim. Its something I hear a lot from women: Its frustrating as hell and I wish I had a better solution for you. I will keep looking. Hi Lisa, I have two questions. First if the onsite caretakers employ someone to carry out their duties and pay them out out of their own salary do they need the committees approval.
The contract is not changing just who will be on site doing the work. Our current committee have a personal vendetta against the caretakers and have been making their lives miserable. They would like to have someone come in and handle the day to day activity while they try to sell their business.
Secondly the caretakers have been under contract for more than twenty years with the contract being renewed and extended throughout that time. The committee is saying that they owe a transfer fee regardless when they sell.
Is the date used the inception date twenty years ago or the date of the most recent renewal? Yes the transfer fee only applies in the first two years of the contract. Its intended to penalise Caretakers who sell the rights quickly. However, there is much more than that. We provide an entire set of learning opportunities, including, editing, proofreading, even your term paper being written from scratch. There are even more pleasant surprises for our clients! We treat every client as a respectful individual, carefully evaluating specific needs, finding, solving every separate case.
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