All apartments in Brisbane are managed and ruled by its Body Corporate or Owners’ Corporation. Its members and officers are all owners of units in the building or townhouses in the complex. Once you buy a unit or a townhouse, you automatically become a member of the corporation – entitled to all rights and liable to all responsibilities stated in its existing by-laws.
Here is the first part of Queensland’s guiding rules and regulations for apartment owner’s corporations covering the Roles and Responsibilities of an owners’ corporation.
Roles and Responsibility
The role of a body corporate is to manage common assets of the property so as to benefit all owners and undertake required functions. The law provides a corporate body the powers to carry out its duties that include maintaining, managing, and controlling of property assets on behalf of the owners, making and enforcing of the corporate by-laws, setting and collection of corporate fees. It is common for Brisbane apartments to delegate most of the administrative duties and responsibilities to a paid body corporate manager.
The Body Corporate Committee
The body corporate committee is composed of at least three and maximum of seven elected members of the corporation. The committee is tasked to oversee the day-to-day administration of running the corporation, make certain decisions on behalf of the owners, and enforce the by-laws of the body corporate. Election of the committee is done in the annual general meeting. Apartment owners will elect a chairperson, a secretary, a treasurer and up to four committee members from amongst themselves.
The Body Corporate Manager
The designated body corporate manager automatically becomes a non-voting member of the committee. Duties of the manager are specific as contained in engagement contract with the committee, which may include management and maintenance of the property and performing certain duties of the chairperson, secretary, and treasurer. In case of owners’ corporations that do not have an elected committee, the body corporate manager assumes the duties and responsibilities of the committee.
The engagement should be in writing and should include a list of the manager’s tasks and responsibilities, authorization of exercising the tasks, and compensation details. It could also include authority restrictions and grounds for termination of the contract. The contract can be automatically terminated upon the agreement of both parties, conviction of any fraudulent and unlawful activities, and the manager’s failure to perform their duties or comply with the code of conduct.
Code of Conduct for the Body Corporate Manager
The code of conduct is included in the contract’s terms of engagement and must refer to the Body Corporate and Community Management Act of 1997. The code dictates that managers at all times be honest, fair, and professional in all affairs related to the owners’ corporation. The manager should always act in the best interests of the body corporate, refrain from participating and influencing committee elections, and keep records of corporate transactions, meetings, and other pertinent information.
Any new owner or renter of a Brisbane apartment unit or townhouse will have to deal with the body corporate administration. They will be instructing you on the basic move-in requirements, by-laws of the corporation, and orient you to your new home. Click here for more details on the roles and responsibilities of owners’ corporation. And call us for more information on the best Brisbane apartments. We'll find and help you buy the perfect apartment for your needs.