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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 24 October 2016
Category: Strata, Strata Reform
At least 48 hours prior to any first annual general meeting held on or after 30 November 2016, the following documents must be provided by the original owner (as prescribed under s16 of the Strata Schemes Management Act 2015 (SSMA 2015) and clauses 6 and 29 of the Strata Schemes Management Regulation(SSMR 2016)):
and must attach:
If the above documents are not provided, the original owner faces either or both potential penalties of up to $11,000.00 and orders to produce those records.
Is there an obligation to ‘create’ a document if it is not in existence?
s16 (2) of the SSMA 2015 requires an original owner to deliver a thing ‘if that thing is in the possession or control of the original owner or lessor or may be obtained by the lessor by taking reasonable steps to do so’.
s16 (3)of the SSMA 2015provides that an original owner is not required to deliver any documents that ‘exclusively evidence rights or obligations of the original owner or lessor and that are not capable of being used for the benefit of the owners corporation or any of the other owners’.
If the document can be created ‘by taking reasonable steps’, the original owner should do so. In the case of a depreciation schedule, a cautionary approach would be to create the schedule with regards to both lot and common property.
Some further interesting points arise about the Initial Maintenance Schedule, are:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.