All strata schemes have a body corporate. The body corporate is made up of all owners of lots in the strata scheme. The body corporate has an important role in the strata scheme.
When does the body corporate commence?
The body corporate is the controlling body of a strata scheme. The body corporate is made up of all the lot owners in the strata scheme. It comes into existence automatically on registration of the strata plan by the Recorder of Titles. No expenditure is required to form the body corporate.
What is the name of my body corporate?
The name of the body corporate is in a particular format. Usually it is 'Strata Corporation No....(insert the number and the name of the scheme, which is usually the address, as shown on the strata plan) e.g. Strata Corporation No. 751231, 1 North Street, New Town but can be a name approved by the Recorder of Titles, e.g. Strata Corporation No.45673, High Towers, Hobart.
What are the functions of the body corporate?
The functions of the body corporate include: to enforce the by-laws, i.e. ensure that all lot owners, occupiers and their invitees abide by the by-laws;
- to control, manage and improve the common property, e.g. painting buildings on common property;
- to maintain the common property in good condition and keep it in good and serviceable repair, e.g. keep lawns on common property cut and in good care;
- to maintain the insurance required by the Strata Titles Act 1998 and any further insurance that may be required by resolution of the body corporate;
- to allocate spaces to lots for vehicle parking on the common property; and
- to carry out other functions for the benefit of lot owners, e.g. renting out offices on common property.
It is recommended that the body corporate should have by-laws which provide for an internal dispute resolution process for the strata scheme.
Who is responsible for calling and holding the first meeting of the body corporate?
The original owner of the title to the land (who is usually the developer or builder) over which a strata plan has been registered is required to call the first meeting of the body corporate. The meeting must be called within three months after registration of the strata plan or when at least one-half of the lots on the strata plan have been sold, whichever is the earlier. This is the first step in activating a body corporate.
Activating your Body Corporate (172Kb)What happens if the original owner fails to call the first meeting?
First talk to the other lot owners and arrange a meeting at a time and place that suits all owners. If no agreement can be reached between lot owners, any lot owner may apply to the Recorder of Titles by way of application for relief requesting an order to appoint a person to call a meeting.
An original land owner who fails to call the first meeting may incur a penalty set out in the
Strata Titles Act 1998.
How often is the body corporate required to meet?
The body corporate must conduct an annual general meeting each year. A meeting must be held within fifteen (15) months of the previous meeting.
A body corporate may have a special general meeting at any time and must hold a meeting if required by more than one-third of the lot owners.
What can I do if the body corporate fails to meet as required by the Strata Titles Act 1998?
If the body corporate has a secretary request the secretary to hold a meeting. If there is no secretary talk to the other lot owners and arrange a meeting at a time and place that suits all owners. If agreement cannot be reached between lot owners, any lot owner may apply to the Recorder of Titles by way of application for relief requesting an order to appoint a person to call a meeting.
How do I make an application for relief?
An application for relief may be made by any party who has an interest in a strata scheme. Information about making an application for relief is available on the
Making an Application for Relief (in a Strata Scheme) webpage,
Can an administrator be appointed?
There are instances where a body corporate cannot manage, control and improve the common property, or is unable to maintain the common property or keep insurance as required by the Strata Titles Act 1998.
In some cases, it is not possible to resolve these issues, and an administrator may be appointed by the Supreme Court pursuant to section 89 of the Strata Titles Act 1998 or the Recorder of Titles under section 127 of the Strata Titles Act 1998. Information about the appointment of an administrator is available on the Appointment of an Adminstrator webpage.
Where can I obtain more information?
This information is a guide only. Seek advice from a conveyancing professional - a licensed conveyancer or legal practitioner. The
Strata Living in Tasmania document provides a general overview of the current laws regulating strata developments in Tasmania. The
Strata Titles Act 1998 may be viewed free of charge at
www.legislation.tas.gov.au.