Are you wondering what is strata committee in NSW? Let’s first understand the meaning of strata. “Strata” refers to a form of property ownership where individuals own a portion of a property (like an apartment or unit) along with shared ownership of common areas such as:
- corridors,
- gardens, and
- facilities.
This form of property ownership is prevalent in residential complexes like apartment buildings, townhouses, and duplexes. In a strata scheme, each individual owner holds a title for their specific portion of the property known as a “lot.” Alongside this, there is shared ownership of common property, which typically includes areas like driveways, stairwells, swimming pools, and gardens.
Owners in a strata scheme are part of what’s a “owners’ corporation” (formerly known as a body corporate). This body is responsible for managing the common property. This corporation makes decisions collectively, often through strata committee meetings. They make decisions regarding various aspects of the property’s management such as:
- repairs,
- maintenance,
- financial matters, and
- the enforcement of by-laws (by-laws include rules about noise, parking, pets, smoking, short-term renting etc).
The owners’ corporation elects a strata committee, a smaller group responsible for overseeing the day-to-day management of the property. This committee deals with administrative tasks, enforces by-laws, manages finances, and acts as a liaison between owners and building manager or strata managing agent.
Strata schemes are governed by specific laws and regulations that outline the rights and responsibilities of owners, tenants, and the owners’ corporation. These laws include the Strata Schemes Management Act 2015 and associated regulations, which outline the legal framework for managing strata-titled properties in NSW and other Australian states.
What Is Strata Committee?
In NSW, strata committees play a pivotal role in managing residential properties governed by strata schemes. A strata scheme is a form of property ownership where individuals own a portion of a property (like an apartment or unit) along with shared ownership of common areas like corridors, gardens, and facilities.
The strata committee is essentially a group elected by the owners within a strata scheme to oversee its day-to-day management. Let’s delve into the specifics of what a strata committee in NSW entails.
Formation and Composition:
During the Annual General Meeting (AGM) of the owners’ corporation, they form a strata committee. Members of the strata committee are elected by the owners within the scheme. Generally, this committee consists of at least three and up to nine individuals. This depends on the size of the property.
Responsibilities:
- Administrative Duties: The strata committee member manages the common property on behalf of all owners. This includes ensuring compliance with relevant laws, managing finances, and keeping accurate records.
- Decision Making: Elected strata committee members arrange strata committee meeting to make decisions on behalf of the owners’ corporation on various matters, such as repairs and maintenance, budgeting, and enforcement of by-laws.
- By-law Enforcement: They enforce by-laws set by the owners’ corporation, which governs the behaviour and use of the property within the strata scheme.
- Financial Management: The strata committee members prepare budgets, levies contributions from owners, manages expenses, and maintains financial records.
- Communication: They serve as a channel of communication between owners and the managing agent or strata manager.
Powers and Limitations:
While the strata committee has considerable authority, certain limitations exist:
- Decision Making: Major decisions often require the approval of the owners’ corporation. These might include significant renovations, alterations, or changes in the by-laws.
- Legislation Compliance: The committee must act within the boundaries of the Strata Schemes Management Act 2015 and the by-laws established by the owners’ corporation.
Challenges:
Managing a strata scheme can be complex, and the committee may face challenges:
- Conflict Resolution: Resolving disputes among owners or between owners and the committee can be challenging.
- Financial Management: Balancing budgets, predicting maintenance costs, and ensuring fair levies are common challenges.
- Adherence to Regulations: Staying updated with changing legislation and ensuring compliance can be demanding.
Strata committees are vital in maintaining the functionality and desirability of properties within strata schemes. They facilitate decision-making, ensure proper maintenance, and safeguard the interests of owners and strata managers.
Importance of Seeking Advice from Property Lawyers
In NSW, the role of the strata committee within a strata scheme is pivotal. From managing day-to-day operations to making crucial decisions on behalf of the owners’ corporation during strata meetings, their responsibilities are broad.
Effective communication, sound financial management, and adherence to regulations are key to successful strata committee operations, ensuring the smooth functioning and value retention of properties within the scheme.
If you are looking for a conveyancer to help you purchase a strata property, reach out to our leading team of solicitors for advice.
