Frequently Asked Questions

What is an Owners Corporation?

An Owners Corporation is an association that is responsible for administration of subdivided properties, including the maintenance and repair of common property. Owners elect an Executive Committee to oversee maintenance issues who liaise closely with Hambly Morgan to ensure the smooth running of the property.

Owners Corporations (formerly known as Body Corporates) are governed by the Owners Corporations Act 2006 and the Owners Corporations Regulations 2007.


Do we need an Owners Corporation Manager?

While it's not a legal requirement to employ an Owners Corporation Manager, most Owners Corporations employ a Manager. The legislative requirements of running an Owners Corporation can be overwhelming. From making sure that the right type and level of insurance is in place, and dealing with any claims, to ensuring that the fire equipment complies with the law, an Owners Corporation Manager will take the administrative load off the Committee.


Do we need building and public liability insurance?

Building and public liability insurance is compulsory under the Owners Corporation Act.
Hambly Morgan will make sure your Owners Corporation has the right building and public liability cover to deal with a range of possible risks, for example; a truck running into your building, or a person injured on the common property.

This is a legal requirement - you wouldn't drive your car without insurance and your exposure from your property is far greater.

Recently, we were invited to present as a potential Manager for an Owners Corporation and were dismayed to hear that the previous Managers had failed to secure the appropriate building and public liability cover.

If an accident lead to an insurance claim, this negligence would put all owners at considerable risk.
It is essential that owners be conscious of the expiry date of their existing cover and insist on obtaining evidence that the policy has been paid from their Owners Corporation Manager.

Can I keep an animal in my unit?

You need to get permission from the Owners Corporation before keeping a pet in your unit. It will depend on the by-laws for your subdivision as well as the type and size of the animal. However, the Owners Corporation cannot prevent a resident from keeping a guide or assistance dog.

 

We need to spend money on something, eg: new gutters &

it will cost more than what's in our bank account.

What can we do?

There are 3 options open to you

  • Wait until the Owners Corporation has enough money using the usual levies.
  • Raise a Special Levy to cover the cost of the work needed (A Special Levy needs to be agreed at a general meeting).
  • Raise the funds using a finance company that specialises in loans for major strata works (This would also need to be approved at a general meeting).

    Depending on the amount and urgency, waiting to accumulate the funds can be a good solution. If the job is big or urgent, and other things crop up that need fixing before you've raised enough money, you you can create an even bigger problem.

    A special levy is the most efficient way to resolve this issue but every owner will need to find the extra money to cover the levy.

    Loans from strata finance companies are becoming more popular, with relatively low loan repayments evenly spread across many months making it financially easier for owners. Another advantage that with a short waiting period, the work can start virtually straight away.

    Ultimately, the best way to deal with emergencies or major expenditure is to have a maintenance plan and fund which accumulates enough funds over time and avoids unexpected calls on owners' pockets.

    Can I install air-con on the outside wall of my unit?

    Consent from the Owners Corporation is required, so check the by-laws. Details of your proposal must be submitted in writing to the Owners Corporation

    I want someone to attend a meeting to vote on my behalf.

    How can I do this?

    You must appoint a proxy in writing using the prescribed form. The agenda for the meeting will contain a proxy form. The proxy (the appointed person) should also sign the form and it needs to be given to the secretary before the meeting. For large developments, the proxy must often be provided 24 hours before the meeting.

    How can we move our management to Hambly Morgan?

    Contact us on (03) 9041 7915 to receive a no obligation budget proposal for your Owners Corporation.