Rulings
These are interpretations of the legislation. These are a collection of replies for assistance sought from the Unit Titles Schemes Supervisor and the Director of Policy Coordination , as a result of being frustrated by the differing rulings provided by our 8 body corporate managers over the last 3years. The requests for assistance was an attempt to seek a more definitive interpretation of the legislation from a highly reliable source.
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The first question was back in August last year;
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[1] : Could the Committee alone, engage the services of a body corporate manager. Could the committee alone chose which strata management firm to employ as "the body corporates manager" Could committee alone sign the agreement contract or did this need to be a Body Corporate decision. We were told It had to be a general meeting of the body corporate, were also told committee could engage a manager in same fashion as it engaged any other contractor to do work. Two opposite answers from 2 different managers.
We needed a Ruling on this.
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Read the answer to the questions above relating to who had the power to engage a body corporate manager, as provided by the Unit Titles Schemes Supervisor
[2] : Could the body corporate delegate the function of pet approvals to the committee. We new body corporate should be able to delegate powers and functions to the committee ,after all thats the whole point of having a committee. Our regulations in the default set of articles stated that owners needed to gain permission via a majority vote of a general meeting of the body corporate, to have pets. Again we were given differing advice as to what could and couldn't be delegated.
Read the response from above stated authority regards this issue.
[3] : Use of Common property .This was result of being told vehicles could not park on common property. Yet body corporate has allowed or tolerated vehicles parking on the common property driveway come court yard for past 21 years. Does the legislation say owners can not utilise the common property court yard for parking. How is use of common property managed.
Read the response from above stated authority regards this issue.
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