Strata Title Strata title allows individual ownership of part of a property combined with shared ownership of common property (eg driveways, paths, foyers, stairs, lifts, the gym and common garden areas) through a legal entity called the owners corporation.
Owner An owner is the person who has purchased an apartment or premise and is registered on the certificate of title. The owner is similar to a shareholder with certain rights and responsibilities relating to the ownership. The owner must pay levies and comply with the strata by-laws, which can cover everything from renovations to pets.
The principal obligations of unit owners are:
- Generally, acting in such a manner as not to offend other residents or interfere with their peaceful enjoyment of their property.
- Paying rates including land tax (if applicable) and owners corporation levies.
- Notifying the owners corporation of any change in ownership or occupancy.
- Complying with the House Rules and other rules agreed by the owners corporation.
- Not undertaking alternations that may impact on the amenity of other residents, structural alterations or external additions to the unit, or installing external air conditioning units without the consent of the owners corporation (and ACTPLA when that consent is required by law).
- Insuring their contents in the unit covering carpets, window treatments, light fittings, and fixtures, fittings and equipment within the unit and effecting public liability insurance within the unit. (Note that the owners corporation covers building insurance.)
Owners corporation An owners corporation is the legal entity that combines all the lot owners in a strata scheme. Variously referred to as strata corporations, corporations, body corporates and strata companies, an owners corporation is automatically created when a plan of subdivision contains common property. Every strata scheme has an owners corporation. All owners are automatically members of the corporation, but tenants are not. An owners corporation operates like any other business. It can make rules which are binding on the corporation, owners and tenants regarding the use of common property and the lots, providing that the rules do not contravene legislation governing strata titles or other laws.
Executive Committee Responsibilities The Executive Committee (EC) is group of owners elected at each Annual General Meeting to represent all the owners of the strata scheme, and who are responsible for the administration of an unit plan for the owners corporation. This includes:
- establishing funds for property management and maintenance, including a 10 year Sinking Fund Plan for future repairs;
- setting owners corporation levies each year;
- employing service contractors to carry out work, maintenance or repairs on the buildings and common property;
- adding to, amend and enforce the articles or rules;
- commence legal proceedings to recover damages for any harm caused to the building(s) or common property;
- taking out building insurance against defined events (such as storms and fire); and also taking out other insurances required by law, for instance workers compensation and public liability insurance over the common property;
- maintaining the buildings and common property;
- holding annual general or special meetings of owners;
- keeping minutes of meetings and preparing accounts;
- recording details of the ownership and occupancy of units in a unit roll;
- providing information to owners and mortgagees about the unit scheme, including issuing a certificate under s 75 of the Act to unit owners who wish to sell their property.
Strata Manager The Strata Manager is engaged to assist the EC in management of day-to-day administration of the unit plan. Canberra Strata (Kingston) acts as the strata manager for Landmark Apartments. For further information on their responsibilities see Strata Manager.
Building Manager The Building Manager is engaged owners corporation to look after the common areas of a strata development. They provide on-site staff that manage the operation of the building and its services. For further information, see the responsibilities of the Landmark Apartments Building Manager, Natalie Wilde.
Sinking Fund The Owners Corporation is responsible to ensure that a fund is established and sustained to ensure that major refurbishments or replacements to the building and common property is able to be carried out in timely fashion.
The sinking fund plan identifies the expected sinking fund expenditure for at least the 10-year period and then an annual budget amount set aside to ensure funds are available when the replacement or refurbishment comes due.
Please click the captions of the thumbnail images to open the referenced policy document.
Landmark approved rules
There are taken to be agreements under seal between an owners corporation and each of its members, and between each member and each other member, under which the corporation and its members agree to be bound by the rules of the corporation.
Landmark house rules
The EC has developed House Rules that amplify and complement Landmark Apartments ‘Approved Rules’ as provided by the Unit Titles (Management) Act 2011. A copy of House Rules can be found in the Landmark Welcome Pack. House Rules are intended to enable a harmonious community, based on cooperation and consideration for others; to keep annoyance to a minimum; and to provide appropriate guidelines for residents and their guests. House Rules are to be included as an integral part of any leasing arrangement between a unit proprietor and the tenant.
Pets Owners and tenants wishing to keep pets in Landmark units must first receive a permit to do so from the Executive Committee. Please access the relevant policy and application form contained in the Landmark Pet Policy.
Landmark Air Conditioner Policy This policy applies when any owner wishes to replace an air conditioning system, or a component thereof. Each apartment’s air conditioning system is the responsibility of the registered owner including maintenance, repairs and replacement. These rules have been prepared in order to set out for owners the procedures, and the detailed requirements and conditions involved, in the replacement of their air conditioning systems. The Landmark replacement air conditioning application form is contained in the linked policy document.
Modifications and Additions Landmark owners wishing to make renovations to their units must first obtain approval for the intended work from the Executive Committee prior to making any commitment for the work to be undertaken. Relevant policy and the application form are below:
Bookings for use of Landmark’s common areas
Bookings submitted via the form below are intended to ensure that Landmark residents will be able to enjoy Landmark’s green spaces while also protecting the interests of fellow residents. Additionally, bookings made via this form will prevent clashes when more than one group seeks use of a common area at the same time. It is envisaged that the form will apply to functions with groups of more than 10 adults. Personal casual use of the common areas does not require submission of the form.
Management and care of Landmark’s trees policy
Residents may not be aware that Landmark’s gardens are subject to an NCA approved plan since their development in 2003/2004. Accordingly, permission to remove or replace any trees must be approved by the NCA and the ACT Government. Policy for the management of Landmark’s trees is outlined in the linked document below.
The Unit Titles (Management) Act
The objects of the Unit Titles (Management) Act are to:
- make it clear who is responsible for managing units plans;
- help people who manage, or help in the management of units plans, understand and exercise their functions;
- assist in the resolution of disputes in relation to the management of units plans; and
- make the law about the management of units plans easier to use generally.
ACT Associations Incorporation Regulation 1991
The purpose of the Associations Incorporation Act 1991 is to provide a simple and inexpensive method for a wide range of not-for-profit organisations to incorporate.
Landmark Apartments general meeting standing orders