A Body Corporate is a legal registered entity created when land is subdivided and registered under the appropriate act to establish a community title scheme.
Members of a body corporate are the owners of all lots in the community title scheme.Owners of lot entitlements do not have a choice as to whether or not they will be a member of the body corporate. Membership is automatic.
The body corporate, acting in a reasonable manner:
- Has a general responsibility to maintain, manage and control the common property and the body corporate assets for the benefit of all owners in the scheme
- Is bound by and is required to enforce the community management statement including the by-laws
- In general meeting determines the contributions payable by owners to fund the operation of the body corporate
- In general meeting can establish rules relating to management, control, use and enjoyment of lots, common property and body corporate assets
- Is required to keep records about its operations, members, meetings
- Is required to carry out is other functions and duties under the Act, regulation module and community management statement.
Body corporate members should be aware that;
- The body corporate cannot mortgage or create a charge over its assets except as permitted under the applying regulation module
- Lot entitlement distribution should have regard to the equality principle, and the relativity principle and should be equal except to the extend it is just an equitable for them to be not equal.
- Maybe sued over matters relating to common property.
- Must enforce the community management statement including the by-laws.
- Must ensure to full replacement value the common property and its assets, each building containing a lot, improvements and permanent fixtures.
- Must every 5 years obtain an independent valuation stating full replacement value.
In summary the requirements of a body corporate can vary from simple to extremely complicated depending on the nature and size of the scheme. For details pertinent to the relevant legislation refer to our "Legislative Requirements" page.
A Body Corporate Manager is a business or person who
- Supplies administrative type services to a body corporate;
- Maybe engaged to carry out the functions of a committee, and the executive members of the committee.
- Is not engaged as an employee of the body corporate; and
- Has been appointed in writing.
- The term of engagement must be no longer than 3 years
- After 3 years the manager must have new engagement terms agreed to
- In cases where there is no committee the body corporate may authorise the manager to exercise the authorised powers of a committee of a body corporate and an executive member of a committee.
- The body corporate may in writing delegate to the manager some or all of the powers of an executive member of the committee. However, it cannot prevent the executive member from exercising an authorised power or directing the manager about how the power is to be exercised.
- Allow BCA to show you how we can take some of these responsibilities and obligations off your shoulders allowing you greater ease and enjoyment of occupation or management of your property