Saturday, 10 April 2021

What Is A Strata Title: What You Need To Know 2021

Stratarama What Is A Strata Title: What You Need To Know 2021

The plural of “stratum” is “Strata. Generally speaking, the term Strata is used to mean a layer within a structure or layers within something. So, what is a Strata Title? In terms of property, a Strata title is a form of Property Title ownership.

One form of buildings on a “Strata Title: may be apartments such as a group of units over a various number of levels, however as a Strata Title, it can more broadly cover other building styles provided the property title is lodged as a Strata Title i.e Townhouses, flats, homettes may be part of a Strata Title.

The Title will encompass an area of common property, where each unit owner has a share in the ownership, rights, and responsibilities for that common area, and individual units or lots (which may include a subsidiary specific for that unit such as a garage or storeroom). This form of property Title was first introduced in Australia in 1961.

In South Australia, if you are not purchasing a property with common ownership areas, you would be looking to purchase a “Torrens Title” property, where you own all the land, all the buildings, within your defined Title/ plan.

What is a Strata Plan?

A Strata Titled Property will need to have plans which outline the boundaries of the lots (units), and common shared areas along with the unit entitlements. These entitlements are the values (like a percentage) for which each unit must contribute as their share towards these common costs (read below).

The Strata plan is a registered plan usually consisting of several pages which make up the strata plans – a plan showing the individual lots in relation to the common property (depending on the number of levels of the site, there may be several pages), a plan showing the overall property block in relation to the surrounding properties and page outlining the entitlements.

These plans will also highlight any encroachments on the common property or subsidiaries, along with any easements which may be part of the property plan. The plans are a vital part of knowing not only what is and isn’t your property, what is or isn’t common property, but what else may affect yourself or the group.

A strata titled property is not limited only to residential buildings but also may consist of commercial property. Each plan is different.

A strata title plan is used for the representation of all strata Corporations.

Where is a Strata Title Plan Lodged in South Australia?

Strata Title plans in South Australia are lodged at the Land Titles Office (LTO).

The registered Strata Title plan, has a unique number which is an identifier for that Property such as Strata Corporation 0000 Incorporated. 

Why do unit Owners pay Strata Fees?

When you own a unit/ lot within a Strata Title, then each unit would need to pay Strata levies or contributions towards the common expenses of the group such as insurance, maintenance, administration, utilities, and more. A Sinking fund may also be created by the Strata Corporation for which a levy would be paid by all unit Owners for future major works.

Why are Strata Titles Important?

Strata and Community Titled properties are important property types because they facilitate ownership of some form of the property whilst being part of a community that maintains a common collective area/ part of the property.

This is important because not all people looking to get into the property market could afford to purchase a house in the area of their choosing outright, or perhaps afford the upkeep on the property alone. This is a shared responsibility that can make it easier for some to purchase into, or perhaps a smaller pocket of property in which to maintain and fund.

This could assist first home buyers to get into the property market, people looking to downsize, investors, or those looking to be part of a community. Strata Titled properties won’t be what every property purchaser is looking for but will be the perfect fit for others.

It is highly advisable that anyone looking to purchase a unit within a Strata Corporation understands what they are purchasing, what their ongoing rights and responsibilities are, along the specifics of that property/ complex.

Consider what is a Strata Corporation, and then review the details specific to that site such as the Articles relevant to the complex. Before becoming a strata property owner, it is important for you to understand the various concerns and obligations you are to fulfill.

It is important for you to understand the reasons behind these different regulations and how you can responsibly fulfill them. Take the time out to carry out your own research before investing in a strata property so that you may make a decision that is better for you.

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Friday, 2 April 2021

What is Body Corporate? Your Questions Answered

Stratarama What is Body Corporate? Your Questions Answered

A Body Corporate is the general term used throughout Australia to encompass all forms of shared Titles. A Body Corporate is any Legal Corporate entity. This terminology is a general term to cover the various names used across all the different State legislations. In South Australia, our forms of Body Corporate properties are Strata or Community scheme. Strata is a term shared with some other States, however other Body Corporate names in other States include Owners Corporation

The term Body Corporate when discussing Strata or Community Title refers to a group of property Owners who collectively have part ownership in a Land division, on which each of those Owners also have private and exclusive use of a section, where a unit, townhouse, apartment or other unit/ Lot is established.

What does Body Corporate do?

Each body corporate will consist of either Commercial, Residential or mixed-use units/ lots. Depending on the body corporate, the site may also be tiered in terms of a primary, secondary type situation.

The body corporate, as mentioned above is the group of Strata or Community unit Owners whose role and responsibility are to ensure that the collective property is maintained, insured and safe for use by all Residents, Owners, Tenants and Visitors.

To fulfill these duties, the body corporate members must have regular meetings and determine the actions required to ensure both compliance and best practice for all members. To do this, many body corporate members may engage a body corporate manager (Strata Manager/ Community Title Manager) to assist them in the day to day running of the property group.

We said above that body corporate refers to being a legal corporate entity, as such there are obvious parallels between a body corporate property member and a board member of a Company. Both must ensure the safety, compliance and best practice for all within their body corporate, and effectively sit on a board to make these decisions. In fact, an older form of Strata Title here in South Australia, was actually Company Title units, showing this clear parallel. Several Company Title units’ properties still operate in SA today.

Who runs the Body Corporate?

As mentioned above, the Members of the body corporate run the body corporate. The Members are the unit owners and they may engage a Manager to assist them.

What Is The Difference Between A Body Corporate Manager And A Property Manager?

The body Corporate Manager or Strata Manager is engaged by the body corporate members to work with all members of the Corporation to deal with the matters mentioned above (common strata insurance, building maintenance, the raising of funds for ongoing works, compliance and all matters that are common). With-in each of these lots or Strata units either a body corporate member resides, or leases out their unit (residentially or commercially). When that unit is leased, the Owner of the unit (the same as they might with a Torrens Titled home) may choose to employ a property Manager to collect the rents, run checks on the Tenants to ensure compliance of their lease agreements, find suitable tenants and the like. The property Manager will address matters purely based on behalf of that one unit owner engaging them. Having a great Property Manager and great Body Corporate Manager who are able to communicate to one another effectively may reduce the work and issues faced by the individual unit Owner.

The above article will explain things in regards to a body corporate which is a Strata Title in South Australia, such as:

  • How are body Corporate fees Calculated? And what do they cover?
  • Why are Body Corporate Fees high?
  • What happens if I don’t pay my Body Corporate Fees?
  • How can I reduce my Body Corporate Fees?
  • What is included in my Body Corporate Fees?
  • Why are Body Corporates important?
  • Can we self-manage our Body Corporate? / Can we do our own Body Corporate management?

Want to learn more? Check out our other articles:

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https://www.stratarama.com.au/what-is-body-corporate-your-questions-answered/

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