ARTICLES (RULES)
Articles are the rules of the strata corporation. Each strata corporation has its own articles. The articles bind the unit holders, tenants and the strata corporation to an agreement regarding the use and upkeep of units and common property. While legal obligations under the Strata Titles Act cannot be avoided or changed, the articles are determined by the strata corporation itself.
Schedule 3 of the Strata Titles Act sets out the articles for all strata corporations, (go to full set) however if a particular strata corporation wishes to adopt its own articles, or amend any number of its articles it can do so.
Articles can be quite restrictive, some common provisions compel the owner or occupier to:
- keep the unit in a clean and tidy condition.
- not interfere with lawns, gardens etc. on the common property.
- not display signs without consent.
- not keep animals in or about the unit without consent.
- notify the corporation of changes in ownership or occupier.
- use the common property reasonably.
How to Change the Articles of a Strata Corporation
Articles of a strata corporation can be changed by a special resolution (see Meetings and Resolutions) of its members, but any change must be lodged with the Registrar General at the Lands Titles Office to be effective and legal.
Officers of the Strata Corporation
At all times a strata corporation must have a Presiding Officer, a Secretary and a Treasurer who are appointed at a general meeting. One person may hold two or more of these positions. These officers must be unit holders. The strata corporation commits an offence if any of these offices is allowed to remain vacant for more than six months.
Management Committee
The strata corporation can choose to run all of its business through general meetings or it can delegate some functions to a management committee. A strata manager can be appointed to assist the committee in the running of the affairs of the corporation.
A management committee is appointed by a general meeting of the strata corporation. The term of their office (usually 1 year) can be fixed by the corporation. Management committee members may be removed by an ordinary resolution of the strata corporation.
The powers of the management committee are subject to limitations imposed by the strata corporation. The committee does not have the power to do anything for which a special or unanimous resolution is required (see 'Meetings and Resolutions'). In general, the management committee's job is to carry out the business of the strata corporation. A management committee must keep minutes of its meetings and ensure accurate and proper accounting records are kept in respect of financial affairs. Members of the management committee are personally liable for any offences under the Strata Titles Act unless they can show why they were not responsible. Many insurance companies offer office bearer liability cover against such risk.
Strata Managers and Management Firms
As can be seen, the business of properly running a strata corporation, keeping records, running meetings etc., can be complex, particularly when there are large numbers of units in a group. Many strata corporations choose to appoint a strata manager to assist in running the affairs of the corporation. Professional strata management firms charge for these services. Strata Managers can be appointed or dismissed at a general meeting, although the power to appoint or dismiss may be delegated to a management committee.
A strata corporation which appoints a strata manager should carefully consider the terms of the contract of appointment. Some contracts contain a penalty if the appointment is ended earlier than the specified time.
The legal responsibilities of the strata corporation do not change with the appointment of a manager. It must still have a Presiding Officer, a Secretary and a Treasurer (any two or more of these positions may be held by the same person), and is still legally liable for decisions made on its behalf. All officers must be unit holders. A strata manager should not run any meeting, only act in an advisory capacity. Strata managers have to act in the best interests of the corporation, and it they don't they can be sued for negligence by the strata corporation but as a preventative measure it is advisable for the corporation to maintain an active involvement in its affairs.
Strata Managers and corporate funds
Managers, Agents and Financial Records Strata managers or any agent who is authorised by the strata corporation to receive and hold money on behalf of the corporation have strict legal guide lines regarding how this money is held and accounted for. Managers or agents must hold the strata corporation money in a trust account with an approved financial institution, and trust accounts must be audited at regular intervals. As well, financial records must be produced to the strata corporation upon request, and must be kept for five years. Any manager or agent who fails to comply with these requirements is guilty of an offence under the Strata Titles Act.
Problems with Strata Corporations or Managers
Problems with a strata corporation or manager can arise if the requirements of the act are not followed, if the common property is not maintained or there are complaints about how meetings are run. If substantial problems arise, the corporation, a unit owner, or someone with a legal interest in the corporation, (e.g.. a mortgagee) can apply to the Supreme Court to have an administrator appointed to take over the affairs of the corporation. Clearly any application to court would be in an extreme circumstance, and the court would be reluctant to appoint an administrator unless incompetence or illegality is clearly shown. Mediation is suggested as a cheaper and effective alternative in the first instance.
An administrator has wide powers and can do anything for which a special or unanimous resolution is usually required. The legal costs relating to the appointment of an administrator and remuneration of the administrator would be payable from the funds of the strata corporation.
Responsibilities of Unit Owners
Unit owners have certain responsibilities outlined in the articles of the strata corporation. Generally articles will say that unit holders must maintain the unit in good repair and in a clean and tidy condition and they must carry out any work ordered by the local council or other public utility relating to that unit.
Unit holders must not use the common property in a way that interferes with the use and enjoyment of that area by other unit holders, and they must not make 'undue noise' so as to interfere with other residents' enjoyment of their property or common areas. Articles will generally say that a unit holder must not park a motor vehicle in another person's parking space.
The articles also require that a unit holder take reasonable steps to make sure that their visitors or tenants etc. do not breach the articles, such as making excess noise or parking in someone else's car space.
Corporations will make rules concerning keeping pets (usually only allowed with the consent of the strata corporation - see the Articles), how to dispose of rubbish, and gardening in common areas, amongst other things.
Financial Responsibilities and Liabilities of Unit holders
Unit holders must keep up their contributions to the corporation.
If the funds are not paid, they are recoverable as a debt, which means the corporation can sue the unit holder for the money, possibly with interest added at a rate reasonably decided by the strata corporation.
If you buy a unit and there is a contribution owing, you as the new owner are liable for that contribution. Check carefully before buying any unit as there may be debts outstanding on that unit.
Certain unit holders may have to pay for work which substantially benefits their own particular unit or group of units, for example if roots from a tree in your garden damage your fence, you personally may be liable for the cost of the fence repairs, not the strata corporation as a whole. Be aware that unit holders are personally liable if the strata corporation does not or cannot pay its debts.
Structural Work
Unit holders must seek permission from the strata corporation before starting any building or structural work, or generally altering the outward appearance of a unit. Check with your manager if you have one.
Maintenance and Repairs
A unit holder must maintain and repair their unit - the areas inside their boundaries. This can include keeping the yard tidy, maintaining the shower tiles so they don't leak and general care of the unit. If the strata corporation is forced to do this work, the individual unit holder is liable for the cost to the corporation.
The strata corporation can enter the unit to carry out specific work if the unit holder has failed to conduct repairs that have been requested in writing. Reasonable notice must be given to the unit holder in this case. In the event of a genuine emergency,(such as a burst water main) the corporation has the right to force entry.
Meetings
A strata corporation may hold a meeting of its members (a general meeting) anytime. This can be called by the secretary or any two members of the management committee or one fifth of the unit holders, or if it is the first meeting, the original registered proprietor. Voting is on the basis of one vote per unit.
14 days written notice must be given to all unit holders before the meeting. A meeting must be held at least once every calendar year - within 15 months of the previous meeting. (the Annual General Meeting).
Decisions of any meeting are made by three types of resolutions. The Strata Titles Act specifies the type of matters that require particular resolutions.
Resolutions
Ordinary Resolutions
A (yes) vote by a majority of those rep resented. Ordinary resolutions are used for such things as general fund raising and appointment of managers and committees.
Special Resolutions
Must be proposed by at least 14 days written notice to all unit holders and must be supported by two thirds of all unit holders, not just those unit holders who attend the meeting. A special resolution is required to;
- · change or adopt new articles
- · authorise the erection, alteration, demolition or removal of a building or structure
- · alter the external appearance of a building
- · approve any special insurance.
Unanimous Resolutions
This is the same as a special resolution but it must be passed without any dissenting vote, that is nobody must vote against the resolution. Any unit holder who does not attend (or send a proxy to vote), or attends and chooses not to vote, is not counted as a dissenting vote. The number of votes must still be at least two thirds of the total number of units. Unanimous resolutions are required for such things as:
- acquisition/lease/sale of property or goods
- granting to a unit holder exclusive use of some or all of the common property for a specified period
- distribution of surplus funds from the sale of land
- determining contributions other than on the basis of unit entitlement
- permission for unit holders to grant a lease/license over part of unit to an outsider
- any amendment to the Strata plan
- any amalgamation with another Strata plan
Please note, although a special resolution is required to make alterations or additions to a unit, a unanimous resolution is required if the alterations affects unit and/or common property boundaries.
Quorum
It is necessary to have at least one half of all unit holders represented at any meeting. If they are not represented, the meeting must be adjourned for at least one week and written notice given to unit holders of another meeting. If less than half of the unit holders are represented at the second meeting, those present are entitled to work as a 'quorum', which means they can legally make decisions, except where special and unanimous resolutions are required, in which case at least two thirds of unit holders must vote.
I live in a block of 8 units. At our annual general meeting only three people turned up. Is this a quorum?
No business may be transacted at a general meeting unless a quorum of at least half the unit owners is represented. In your particular strata corporation, four persons entitled to vote would constitute a quorum. If a quorum is not present, the meeting must be adjourned for at least one week and written notice given to unit holders of another meeting. Then if less than half of the unit holders are represented, those present are entitled to work as a quorum.
Voting
Each unit is entitled to one vote. Unit holders may appoint in writing a 'proxy' or someone to vote for them if they will not be present. The proxy does not have to be another unit owner, and can be a tenant, relative or friend etc. otherwise the unit holder may exercise an absentee vote by giving the secretary of the strata corporation written notice of the proposed vote at least six hours before the meeting. All voters must be paid up members of the corporation, however non-financial members of the corporation can vote for or against a unanimous resolution.
Disputes
Disputes often arise when people live close together. In most cases they can be resolved and often a community neighbourhood mediation service can assist them to sort out problems. Disputes can arise between unit holders or between unit holders and the strata corporation. The strata corporation can intervene where the dispute between neighbours involves a breach of the articles, for example where a unit holder continues to play loud music late at night, the strata corporation may write to the unit holder and point out that there has been a breach of the articles and that, under the Strata Titles Act, the unit holder is bound by the articles. In other disputes the strata corporation may try to intervene to sort out the problem.
If no resolution can easily be worked out, or if a member of the strata corporation claims that a decision of the strata corporation or management committee is unreasonable, unjust or oppressive, then an application may be made to the Magistrates Court to decide the matter or to stop the offensive behaviour.
If the matter is extremely complicated or large amounts of money are involved, the matter may be transferred to a higher court (the District or Supreme Court) for resolution.
The Strata Corporation may engage a lawyer or any unit holder as a representative in any proceedings. The court may:
- order a party do something
- order that a party refrain from any action, or stop doing something
- order that the articles of association be altered
- reverse or vary any decision of the corporation or management committee
- award money as damages or compensation
- request further information or records
- order an administrator be appointed to take over the affairs of the corporation
Any person who fails to comply with an order of the court is guilty of an offence and heavy fines, even a goal penalty can be imposed.
If a tenant of a unit uses the unit for an illegal purpose or causes a nuisance or interferes with the reasonable peace, comfort or privacy of occupiers of the other units, then the affected person or persons can apply to the Residential Tenancy Tribunal to terminate the tenancy, and legal advice should be sought in this situation.
Mediation Services
Community mediation services can assist in the settlement of neighbour hood and other community disputes. Commercial disputes are usually referred to other specialist mediation services.
Mediation is a voluntary process where people in conflict get together with trained mediators to resolve their differences. The role of the mediator is to listen, ask questions and find out the facts, not to blame anyone or take sides. With all the information, the mediator helps people to put together an agreement which is not legally binding, but is made in good faith.
The advantages of mediation as a way to resolve disputes are;
- It can save on court and solicitor costs for both parties
- Mediation sessions are conducted in private, unlike court proceedings
- It can contribute to the early resolution of problems, thereby reducing stress and anxiety
- Both parties take responsibility for their role and are given the opportunity to resolve their own disputes.
Mediation services intervene in disputes at the request of at least one of the parties. If an approach is made to a service, the service can write to invite the other side to come to a mediation session to discuss the problem. Because attendance is voluntary from both sides, any party may withdraw from the resolution process at any time. For further information on how to contact a mediation service, see 'Getting Help' at the end of this page.
Community Titles
The Community Titles Act 1996 creates community titles that divide land into lots and common property, similar to strata titles. Under this act, a community strata scheme in which the titles are determined in relation to structural divisions in a building are allowed, but are limited to multi story buildings where strata lots exist one above another. In single story schemes title boundaries do not relate to any part of a structure, but are determined by surveyed land measurements. People own their own 'lots', and common property is owned and controlled by the 'community corporation'.
A community title has more flexibility than a strata title and allows for a variety of developments. These range from a group of residential lots to a development containing a mixture of land uses, such as residential, commercial and recreational uses. Primary, secondary or tertiary corporations can be created allowing up to three levels of management. Legal advice should be sought for more information regarding community titles.
Strata To Community Title - Deciding To Convert
Existing strata corporations are being encouraged to decide, by ordinary resolution, that the Community Titles Act and not the Strata Titles Act will apply to the corporation and the strata scheme. This will not alter unit boundaries or the common property, but will have other implications and it is recommended legal advice be sought.
Looking at the books
I am worried about the financial security of my unit. Is there any way I can look at the books and records of the corporation to put my mind at ease?
Yes. The corporation must keep the minutes of meetings for 30 years and accounting records and correspondence for 7 years. As a unit holder you can apply to the secretary or a committee member or the strata manager, and they should arrange for you to see the information you require. Most information is provided free of charge to unit holders but some copying charges may apply.
Approval for works
An owner in our block of units wants to put awnings on the outside of the building to shade her kitchen windows from the afternoon sun. Does she need per mission from the corporation to do this?
Yes. The decision to alter the external appearance of the units must be taken by the corporation. A special resolution of the corporation will be required to grant permission for this work.
Common Property Use
One of the owners in the block was granted "exclusive use" of a large part of the common property by the Corporation some years ago. We feel that this is an unfair situation. How can we regain this common property for use by all owners?
If the exclusive use was granted for a set period then a unanimous resolution at a general meeting would be required for it to continue past the agreed date. If the exclusive use is not limited by time, it was an invalid resolution as the act requires any unanimous resolution allowing a unit holder exclusive use of a part of common property be for a specified time.
Improvements to Common Property
Some of the unit owners want the corporation to install hand rails on the common stairs. What would be necessary to have the work approved?
As the common stairs are shared by all unit holders they are considered common property. A simple majority vote at a general meeting can approve this addition to the common property. The corporation is responsible for public risk in the common property area and it may be sensible to install these rails.
White ant treatment
I am the owner/occupier of a unit in a block of 12. Recently the corporation has decided to have each unit treated for white ants. As I am an asthma sufferer and concerned about pesticides and their effect on me and the environment, can the corporation force me to under take this work?
The proposed work is probably for the benefit of the entire block of units and therefore the corporation would be allowed to treat your unit and recover the cost. The corporation has an obligation to administer and maintain the common property for the benefit of all unit holders. Perhaps you could approach the presiding officer with your special reasons for an exemption or suggest an alternative treatment for your unit. If a suitable resolution cannot be reached, it is suggested you approach a mediation service. Finally, it there is still no satisfaction, the Magistrates Count can make a decision on the matter. It is advisable to obtain legal advice in this circumstance.
Auction and Sales
Can I sell my unit at anytime? Can I hold an auction in my unit when I wish to sell it?
Yes. There are no limitations on the sale of a unit by the unit holder, but you will need the corporation's permission to place an auction or sale sign on common property.
Corporation's Address
What is the strata corporation's official address?
A document may be served on a strata corporation, it's secretary or treasurer by posting or delivering to any of the above at the address of the corporation. A post office box can only be used as the address of a corporation in districts where there is no postal delivery service.
Attending Management Committee Meetings
Can I attend management committee meetings even though I am not on the committee?
You can only attend those meetings with the committee's permission, or if the articles allow your attendance, or a general meeting decides you can attend.
Management Committee Vacancies and Quorums
Recently some members of our management committee resigned and this left the committee without a secretary. What do we do?
The management committee can appoint a person to fill a casual vacancy until a permanent appointment is made at the next general meeting.
Management Committee numbers - How many members are allowed on the Management Committee?
For the last 5 years, our corporation comprising of 20 units has elected at each annual general meeting a presiding officer, secretary, treasurer and 7 other management committee members. This number of people on one committee seems to me to be too many How many people are there supposed to be?
There is no maximum number for a management committee. A general meeting of the corporation can fix the numbers for a management committee and must elect the presiding officer, secretary and treasurer. If a unit holder thinks the management committee is too large they could raise this at a general meeting.
Attendance by Proxy at meetings
I am a member of the management committee but find it hard to get to every meeting. Can I appoint a proxy (some one to vote for me) for these meetings or at general meetings?
Yes. If the member of the management committee is unable to attend meetings, they can appoint only another unit holder as their proxy. At a general meeting a non-unit holder (e.g. a tenant) can vote as a proxy for a unit holder if the unit holder so wishes.
Notice of Meetings
A general meeting of our group has been called but they have given me a notice posted less than 14 days before the date of the meeting. Are the decisions of the meeting legal?
Written notice of the time and place of a general meeting must be given to all unit holders at least 14 days before the date of a meeting. Contact the secretary if you have not received a notice. You could point out that any decision made at the meeting would be invalid as the meeting was not properly called, and any decisions would need to be ratified at a properly convened meeting.
Annual General Meeting
How often should we have an annual general meeting?
The strata corporation must hold the next annual general meeting no more than 15 months after your last meeting. The Act sets out a maximum $500 penalty if this is not done. An annual general meeting should be held in every calendar year.
Books and Records
I have recently been elected secretary and treasurer of our corporation. What sort of books and records do I have to keep?
The strata corporation must keep a minute book containing minutes of its meetings. It must keep proper accounting records of expenditure and receipts. The strata corporation must make sure that a proper statement of accounts is prepared for each financial year. It must keep a record of any notice or order served on it. The minute book containing a record of meetings must be kept for 30 years. The accounting records and notices of meetings must be kept for 7 years. The Real Estate Institute of South Australia produces detailed information useful for office bearers. Strata managers or agents who are not unit owners but are authorised to receive or hold money on behalf of the corporation have strict controls imposed upon them relating to the keeping of money and trust accounts.
Auditing
Do we have to make sure the corporation books and records are audited?
This depends on whether your strata corporation has appointed a strata manager or agent to receive and hold money on behalf of the corporation. A manager or agent must keep money in a trust account and has a legal obligation to have the trust account audited at regular intervals. The Strata Titles Act does not require a member of the corporation who is the treasurer or holds corporation money to have accounts audited, however the appointment of an auditor is sensible to make sure that a proper statement of accounts has been prepared.
Rates
I have bought a unit in a block of three. Do all Three owners individually have to pay the water and sewerage rates and the council rates?
Each of the units in your block will be billed separately for council, water and sewerage rates. However unless there are separate water meters for each unit, there is no way to determine which unit is responsible for the water usage. SA Water offer the options of either sending one lump sum bill for water usage that the strata corporation can divide as it sees appropriate e.g. by unit entitlement, or dividing the water usage bill by the number of units.
Investing funds and Borrowing Money
Our strata corporation is holding funds put in by the unit owners. Where can we invest these surplus funds? Similarly, If the corporation wanted to borrow money, are there any restrictions?
The Act states that surplus funds should be in prescribed investments. In general terms this means a bank, building society or similar institution which does not expose the funds to great risk. If a strata manager or agent is authorised by the corporation to receive or hold money on the corporation's behalf, that money must be held in a trust account. Under the Strata Titles Act, the strata corporation can borrow money to carry out it's functions. The articles can state who is authorised to borrow the money and from what financial institutions.
Calling Meetings and Initiating Action
I have advised the secretary of the strata corporation that repairs are needed to my water pipes due to tree root damage, but she has taken no action. What can I do?
If the damage is the responsibility of the strata corporation, and the secretary is not acting when requested, the unit holder could approach any two members of the committee, or if the corporation does not have a management committee, the unit holders of one fifth or more units, and ask them to convene a general meeting. If the situation becomes an emergency, the unit holder could have the repairs done and bill the strata corporation. If all else fails, the unit holder could take the strata corporation to court, either to force them to take reasonable action, or to recover costs of repairs.
Car Parking
Visitors to other units often park in my space, or on common property, obstructing my access. What can I do to stop this?
Unit occupiers have an obligation under the articles to make sure that their visitors do not park in other unit holder's spaces, or parts of the common property not authorised for parking. The upset unit occupier can complain to the other unit occupier or to the corporation concerning the breach of the articles. If it continues, it is suggested that a community mediation service be approached to try and resolve the problem. At last resort an application can be made to the Magistrates Court for an order to prevent future breaches. If a court order is not complied with, fines or even goal sentences can be imposed.
Keeping Pets
I have moved into my unit with my dog. I have been told by the secretary that I must apply for approval to keep my dog. Is this true?
Residents in Strata Titled units can only keep animals (dogs, cats etc.) at their unit with the consent of the Corporation (see articles ). This applies to both tenants and owner occupiers. Many Corporations have a policy on pets and you should have been made aware of this when buying your unit. Applications to keep a pet can be made by writing to the Strata secretary. The Corporation can grant approval either through a simple majority decision of the Management Committee or a General Meeting of the owners.
Strata Corporations can take action at law to have unapproved animals removed from the property so we suggest intending pet owners seek approval before bringing the animal to the unit.
Renting
I am renting out my Unit. Do I have to tell the strata corporation? What rights do the tenants have in relation to the strata corporation? Can they attend and vote at meetings? What happens if my tenants cause problems for other unit occupiers?
The unit holder must immediately notify the strata corporation of any change in the occupancy of the unit. Tenants do not have any voting rights in relation to the unit, however if you wish, tenants may attend general meetings and vote as your proxy. You have an obligation to ensure your tenants abide by the articles of the strata corporation. It should be noted that it is not possible for a strata corporation to restrict your rights to rent your unit or to specify to whom the unit can be rented. If your tenant causes the unit to be used for an illegal purpose, or interferes with the peace, privacy or comfort of other residents, the affected residents could approach the Residential Tenancies Tribunal for an order that your tenants be evicted.
Negligence and Insurance Responsibilities
A tree on common property overhangs the street and drops berries. I am worried that a member of the public might suffer injury. Are we responsible?
If a member of the public, or a unit holder suffers injury as a result of the negligence of the strata corporation, and that may include the strata corporation's negligence in not pruning or maintaining trees in a safe manner, then the strata corporation can be sued. The act specifies that 'public liability' insurance, which covers events such as this, must be held to an amount specified in the regulations. At the time of printing, that amount was five million dollars.
Getting Help
LEGAL SERVICES COMMISSION OF S.A.
(www.lsc.sa.gov.au)For telephone legal advice:
Phone: - 1300 366 424 TTY 8232-5582
For all other enquiries:
Adelaide Office: 82-98 Wakefield Street, Adelaide, SA 5000 Telephone 1300 366 424
Elizabeth Office: Ground Floor, Windsor Building, Elizabeth Centre, Elizabeth SA 5112 Telephone (08) 8255-4233
Modbury Office: 4 Smart Road, Modbury SA 5092 Telephone (08) 8265-4088
Noarlunga Office: Noarlunga House, Noarlunga Centre SA 5168 Telephone (08) 8207-3877
Whyalla Office: 1st Floor, RAA House, 25 Forsyth Street, Whyalla SA 5600 Telephone (0886) 45-5877
Port Adelaide Office: 2 Marryatt Street, Port Adelaide SA 5015 Telephone (08) 8341-1333
Community Legal Centres
Phone for an appointment
Parks Legal Service. Parks Community Centre, Traflord Street, Angle Park SA 5O1O Telephone (08) 8243-5521
Norwood Community Legal Service 110 The Parade, Norwood. SA 5067 Telephone (08) 8362-1199 norwood_mediation@fcl.fl.asn.au
Marion Community Legal Service Marion Community House, Cnr. Morphett and Oaklands Road, Warradale SA 5046. Telephone (08) 8376-1300
Adelaide Inner Northern. Community Legal Service Shop 14, 221 Main North Road, Sefton Park, SA 5083 Telephone (08) 8342-1800
Bowden Brompton Community Legal Service 19 Green Street, Brompton. SA 5077 Telephone (08) 8346-9394
Noarlunga Community Legal Service 40 Beach Road, Christies Beach SA 5168 Telephone (08) 8384-5222
Para Districts Community Legal Service 47 Wayford Street, Elizabeth Vale SA 5113 Telephone (08) 8281-6911
Community Mediation Centres
Phone for an appointment
Noarlunga Community Mediation Service 40 Beach Road, Christies Beach SA 5168 Telephone (08) 8384 -2222
Real Estate Institute of S.A. Advisory Service
Telephone (08) 8366-4345 reisa@adelaide.on.net
(http://www.reisa.com.au)BODY CORPORATE MANAGERS DIVISION OF THE R.E.I. OF S.A.
Telephone (08) 8366-4300 reisa@adelaide.on.net
STRATA UNIT OWNERS ASSOCIATION OF S.A.
Telephone (08) 8431 2474 or (08) 8344 6147 P.O. Box 538, GLENELG, S.A. 5045
COUNCIL ON THE AGING (COTA)
Telephone (08) 8232-0422 Country callers: 1800 182-324 email: cotasa@cotasa.org.au
(http://www.cota.org.au)SENIORS INFORMATION SERVICE
(http://www.seniors.asn.au/welcome.htm)Telephone (08) 8232-1411 Country callers: 1800 636-368
email: mmanning@dove.mtx.net.auBUILDING LAW - HELP WITH DEALING WITH BUILDERS
email: mhutton@lynchmeyer.com.au
http://www.lynchmeyer.com.auMichael Hutton at Lynch & Meyer is a specialist in building law. He offers a free 1/2 hour consult to review the merits of your case. You can him or call him on 8223 7600.
ADDENDUM
Articles of the Strata Corporation
This set of articles is the default when a plan is lodged at the Lands Titles Office by the developer. In some cases they may be different or have been amended by the the Corporation.
The Corporation, owners and occupiers are all bound by the Articles (see below). These are generally speaking the conditions under which a unit is owned and occupied.
1. (1) A unit holder must-
(a) maintain the unit in good repair;
(b) carry out any work ordered by a council or other public authority in respect of the unit.
(2) The occupier of a unit must keep it in a clean and tidy condition.
2. A person bound by these articles -
(a) must not obstruct the lawful use of the common property by any person; (b) must not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients or visitors;(c) must not make, or allow his or her customers, clients or visitors to make, undue noise in or about any unit or the common property;
and
(d) must not interfere, or allow his or her customers, clients or visitors to interfere, with others in the enjoyment of their rights in relation to units or common property.
3. A person bound by these articles must not use the unit, or permit the unit to be used, for any unlawful purpose.
4. Subject to the Strata Titles Act, 1988, a person bound by these articles must not, without the strata corporation's consent, keep any animal in, or in the vicinity of, a unit.
5. A person bound by these articles -
(a) must not park a motor vehicle in a parking space allocated for others or on a part of the common property on which parking is not authorised by the strata corporation;
and
(b) must take reasonable steps to ensure that his or her customers, clients or visitors do not park in parking spaces allocated for others or on parts of the common property on which parking is not authorised by the strata corporation.
6. A person bound by these articles must not, without the consent of the strata corporation -
(a) damage or interfere with any lawn, garden, tree, shrub, plant or flower on the common property;
or
(b) use any portion of the common property for his or her own purposes as a garden.
7. A person bound by these articles must not -
(a) bring objects or materials onto the site of a kind that are likely to cause justified offence to the other members of the strata community;
or
(b) allow refuse to accumulate so as to cause justified offence to others.
8. A person bound by these articles must not, without the consent of the strata corporation, display any sign, advertisement, placard, banner or any other conspicuous material of a similar nature -
(a) on part of his or her unit so as to be visible from outside the building;
or
(b) on any part of the common property.
9. The occupier of a unit may, without the consent of the strata corporation, paint, cover, or in any other way decorate the inside of any building forming part of the unit and may, provided that unreasonable damage is not caused to any common property, fix locks, catches, screens, hooks and other similar items to that building.
10. The occupier of a unit used for residential purposes must not, without the consent of the strata corporation, use or store on the unit or on the common property any explosive or other dangerous substance.
11. A person bound by these articles -
(a) must maintain within the unit, or on a part of the common property set apart for the purpose by the strata corporation, a receptacle for garbage adequately covered;
and
(b) must comply with all council by-laws relating to the disposal of garbage.
12. A unit holder must immediately notify the strata corporation of -
(a) any change in the ownership of the unit, or any change in the address of an owner.
(b) any change in the occupancy of the unit.