Strata Scheme vs Owners Corporation - What is all this?

What is a Strata Scheme?

Strata is an Australian innovation in property law that has been copied around the globe. It allows individual ownership of part of a property (called a lot’ and generally an apartment or townhouse), combined with shared ownership in the remainder (called ‘Common Property’ e.g. foyers, driveways, gardens) through a legal entity called the owners corporation — or body corporate, strata company or community association, depending on your state or territory of residence and the type of scheme. The concept only came into being 50 years ago and there are now more than 270,000 such schemes encompassing more than two million individual lots across Australia. In Sydney strata now accounts for more than half of all residential sales and leases because of its popularity with investors. An increasing number of commercial and retail properties are also strata titled. In Western Australia there are even strata-titled vineyards. Developments that can exist under strata plans can be:
  • residential
  • commercial
  • retail
  • mixed use – i.e. retail and/or commercial and/or residential
  • serviced apartments
  • retirement villages
  • caravan parks
  • resorts

What is an Owners Corporation?

An owners corporation is the legal entity that combines all the lot owners in a strata scheme. Owners corporations (also called strata corporations, corporations, body corporates and strata companies, depending on the state or territory) are automatically created when a plan of subdivision contains common property. Common property may include driveways, paths, foyers, stairs, lifts, and common garden areas. Every strata scheme has an owners corporation. All owners are automatically members of the corporation, but tenants are not. In large subdivisions, more than one owners corporation may be created. An owners corporation operates like any other business. It can make rules which are binding on the corporation, owners and tenants regarding the use of common property and the lots, providing that the rules do not contravene legislation governing strata titles or other laws. Responsibilities Owners corporations have a legal responsibility to:

  • Maintain all common property including the structure of any buildings on the land
  • Insure the whole of the property for the full replacement value
  • Administer the finances and common funds of the group of owners
  • Administer the secretarial functions including the conduct of meetings of members, documentation of minutes, and dealing with all correspondence
  • Resolve disputes involving members of the owners corporation and enforce the owners corporation rules.

How does a body corporate raise its funds?

The owners corporation raises funds by levying contributions against all lot owners. The amount that each lot owner contributes to maintenance funds is calculated according to the ‘lot entitlement’ accompanying the strata plan.

Who makes management decisions in a strata community?

All owners can vote on management decisions at an Annual General Meeting (AGM), but decisions are usually made on behalf of the owners corporation by a committee of owners who are elected at the AGM. However, some small strata schemes do not have committees. Some strata schemes also manage the day-to-day financial, maintenance, and other administrative duties themselves, but given these are complex, most choose to use the services of a professional strata manager. Ref: Strata Community Aust