11 November, 2024
What are the most common owners corporation problems?
From parking to partying we look at some of the most common problems faced by any owners corporation.
What is an Owners Corporation?
An Owners Corporation (OC), also known as a body corporate or strata corporation, is an entity that collectively manages a multi-unit property development. This could be a residential apartment building, a townhouse complex, or a mixed-use development that includes both residential and commercial units.
Key Functions and Responsibilities
The primary purpose of an OC is to oversee the common property and ensure it is maintained for the benefit of all owners and residents. The OC has several key responsibilities, including:
1. Maintenance of Common Areas: This includes hallways, gardens, swimming pools, gyms, elevators, and any other shared facilities.
2. Insurance: Ensuring the building and common property are adequately insured.
3. Financial Management: Collecting levies (fees) from unit owners to cover maintenance costs, insurance, and other expenses. The OC also manages a budget and maintains financial records.
4. Enforcement of Rules: Creating and enforcing rules (by-laws) that all owners and residents must follow. These rules can cover things like noise levels, pet ownership, and use of common facilities.
5. Dispute Resolution: Handling conflicts between residents or between residents and the OC.
Becoming a Member
When you purchase a unit in a property governed by an OC, you automatically become a member of the OC. This membership comes with both rights and obligations.
• Rights: You have the right to participate in OC meetings, vote on important matters, and access financial records and other documents.
• Obligations: You are required to pay levies and comply with the OC’s rules.
The Structure of an Owners Corporation
An OC typically has a committee that is responsible for making decisions on behalf of all members. The committee is usually elected at an annual general meeting (AGM) and may include the following roles:
• Chairperson: Oversees meetings and ensures they are conducted in an orderly manner.
• Secretary: Manages communication, records minutes of meetings, and handles correspondence.
• Committee: assisting chairperson and OC Managers to oversee operation of the OC and to make decision on issues in relation with OC.
Financial Management
One of the critical functions of an OC is financial management. Here’s a brief overview of what this entails:
• Budgeting: The OC prepares an annual budget to cover anticipated expenses, including maintenance, insurance, and administrative costs.
• Levy Collection: Each unit owner is required to contribute to the budget through regular levies. The amount of levy is typically determined based on the unit’s size or value.
• Financial Reporting: The OC must keep accurate financial records and provide regular reports to members. An audit may also be conducted annually to ensure transparency and accountability.
Rules and Regulations
The rules set by the OC, often referred to as by-laws, are essential for maintaining harmony and ensuring the smooth operation of the property. These rules can cover a wide range of issues, such as:
• Noise: Regulations on acceptable noise levels to ensure a peaceful living environment.
• Pets: Rules regarding pet ownership, including restrictions on the type and number of pets allowed.
• Use of Common Areas: Guidelines for the use of shared facilities like gyms, pools, and gardens.
Maintaining Common Property
The OC is responsible for the upkeep of common areas. This includes routine maintenance, such as cleaning and gardening, as well as major repairs and renovations. Regular maintenance ensures that the property remains safe, attractive, and functional.
Insurance
The OC must ensure that the building and common property are adequately insured. This typically includes:
• Building Insurance: Covers damage to the building and common property.
• Public Liability Insurance: Protects against claims of injury or damage that occur on common property.
Effective Communication
Good communication is vital for the success of an OC. Regular meetings, newsletters, and digital platforms can help keep members informed and engaged. Transparency in decision-making and financial matters builds trust and promotes a cooperative community.
Dispute Resolution
Conflicts can arise in any community. The OC should have procedures in place for resolving disputes, whether they are between residents or involve the OC itself. Mediation and formal hearings can be used to address and resolve issues fairly.
Conclusion
An Owners Corporation plays a crucial role in managing multi-unit properties, ensuring that common areas are well-maintained, financial affairs are handled responsibly, and community rules are enforced. By understanding how an OC operates and your role as a member, you can contribute to the smooth functioning and harmonious living environment of your property.