When it comes to body corporate management, Australian property owners have a lot of choices. With so many body corporate companies to choose from, it can be hard to know which one is right for your property.
Here are a few things to keep in mind when choosing a body corporate company in Melbourne:
First, you'll want to make sure that the company has experience managing properties like yours. If you have a high-rise apartment building, for example, you'll want to choose a body corporate company that has experience managing similar properties.
Second, you'll want to make sure that the company is responsive to your needs and concerns. The last thing you want is to be dealing with a body corporate company that is unresponsive or difficult to work with.
Finally, you'll want to make sure that the company is reputable and has a good track record. This means transparency surrounding strata costs like building insurance, quarterly fees, and sinking fund levies. Be sure to also read reviews of body corporate companies before making your final decision.
But what happens if you have a body corporate that isn’t meeting your expectations currently? Here are some ways you can manage the situation.
Make Sure You Stay Calm and Reasonable Throughout the Process
When you live in a strata or body corporate community, you’re in close quarters with your neighbours and sharing common property. This can sometimes lead to disagreements about the way the property is being managed.
If you find yourself in a situation where you feel like the body corporate is not meeting your expectations, it’s important to stay calm and reasonable and approach the situation in a constructive way. Think about what you want to achieve and make sure your communication with the body corporate reflects that.
For example, if you’re concerned about a lack of maintenance on the property, you might write a polite letter to the strata manager outlining your concerns. If you have suggestions for how the body corporate could improve, be sure to include them. Taking the extra time to thoughtfully construct your responses can go a long way, even if it helps establish a paper trail that you and other title owners took efforts to correctly communicate your concerns.
Talk to Your Body Corporate Manager or the Owner of the Property
If there are issues with communal areas (common property), your first point of contact should be your body corporate manager. They will be able to log a maintenance request with the relevant tradesperson.
If the issue is with your own townhouse or apartment, e.g. a leaking tap, you will need to contact the owner of the property directly. The owner is responsible for arranging repairs and maintenance to the townhouse or apartment.
If you’re renting, you should also contact your real estate agent or landlord. Your agent or landlord is responsible for arranging repairs and maintenance to the property, and will have a direct line of contact with the strata manager as they’re a title owner. Tenants, you do your part just by communicating the issues. As you aren’t a title owner, you have no obligations to take any further action from there.
Join Forces With Other Unhappy Residents
If you're unhappy with the way your body corporate is being run, it's important to join forces with other residents to make your voice heard. After all, there's strength in numbers. By pooling your resources and working together, you'll be more likely to get the attention of the body corporate and effect real change.
Furthermore, by working with other residents, you can get a better sense of the issues that are most important to them and tailor your campaign accordingly. Just remember that change doesn't happen overnight, so it's important to be patient and persistent in your efforts. If you're committed to making a difference, you'll eventually see results.
File a Complaint With the Victorian Civil and Administrative Tribunal (VCAT)
The Victorian Civil and Administrative Tribunal (VCAT) is a state tribunal that hears and decides cases involving residential, commercial and retail tenancies, planning and environment matters, building and construction disputes, defamation, guardianship, administrative law and discrimination.
If you have a problem with your body corporate, you can file a complaint with VCAT. Depending on the nature of the problem, VCAT may order the body corporate to take certain actions or may make a decision about the matter itself. In either case, VCAT's decision is binding on all parties involved.
If you are thinking about filing a complaint with VCAT, it is important to understand the tribunal's procedures and requirements. You should also be aware that there may be costs associated with taking your case to VCAT. However, in many cases, the costs of going to VCAT are outweighed by the potential benefits of having your dispute resolved by a tribunal.
Seek Legal Advice
Going to court should be a last resort if there are issues with your body corporate. It is expensive, stressful and can take a long time. If possible, try to resolve the issue through mediation or arbitration. This is where an independent third party helps you and the other party to reach an agreement.
If you do go to court, make sure you have a strong case. Gather evidence, such as emails, letters and photographs. Get witness statements from people who saw what happened. Keep in mind that even if you win your case, you may not get all the money you're asking for.
The court may order the other side to pay your legal costs but this is not guaranteed. You may end up spending more on legal fees than you would have if you had settled the matter out of court.
Final Thoughts
Strata management is still a service with minimal regulatory requirements – but it likely won’t stay that way for much longer. Even industry professionals like strata managers are supportive of reform to further develop legal infrastructure for both title owners and body corporates alike.
As Australia’s cities continue to grow upwards with apartment skyrises and outwards with townhouses and unit complexes, body corporates will play a more prominent role in the lives of homeowners for generations to come. Learning how to work with our strata managers and knowing when to push back can help keep your strata property harmonious and high-value for both you and your fellow title owners.
