The Knight Alliance

Accessibility and discrimination within Owners Corporations: The topic of discrimination within strata properties is a complex one. Private property does not need to comply with the provisions of antidiscrimination legislations, such as the Equal Opportunity Act 2010 (EO Act). Owners Corporations however, despite being private property, cannot be treated in the same way as a standalone house due to their shared nature, and the range of persons who may require access to and use of the property. This access is a fundamental right of those who privately own or lease within the property. While more legislative guidance in this area would be welcome, a ruling in the 2018 case OC1-POS539033E v Black has helped clear things up, by irrefutably defining an Owners Corporation as a ‘service provider’ under the EO Act. In this case, the Supreme Court found that sections 44 and 45 of the EO Act – which state that a service provider ‘must not discriminate against another person’ and ‘must make...

The most important role within an owners’ corporation (OC) is that of the committee of management. Working together with the OC manager, it is the committee’s role to ensure things are running smoothly. Without good governance, this can be an impossible task. We’ve rounded up some best-practice suggestions to help your committee and community thrive. Preparation for the AGM The annual general meeting (AGM) is an integral date in an OC’s calendar. It is the time for all members to come together, discuss issues, understand progress and vote upon the future direction of the OC. It also the best opportunity a committee has to highlight the hard work they do on behalf of all owners and celebrate achievements. An AGM must be held within 15 months of the previous one, and best-practice is to hold it within three months of the end of the OC’s financial year. To ensure the AGM is as productive as possible, committees should ensure they meet ahead of the AGM to review the financials, appr...

Sustainable businesses have realised that it is not enough to ensure their practices are sustainable, they also must look to their supply chain and ensure they employ businesses that share their values. Owners Corporations are major employers. Caretakers, plumbers, painters and much more all get engaged by owners corporations on a regular basis. However, few owners corporations consider the impact the services they employ have on the planet. It is common for strata managers to obtain several quotes when work needs doing at a property. Most often we find the choice of whom to engage comes down to price primarily, but what if there was other criteria committees could consider? Sustainably minded committees can choose to engage contractors who share their values. For example, Miss V, a cleaning company that services owners corporations, uses only non toxic cleaning supplies and arrives on bicycle wherever possible. Another example is Wheelie Bin Cleaning Man who follows EPA law on r...

In 2021, The Knight launched our webinar training series, designed to equip Committee Members with the knowledge and skills needed to perform their duties and support functional, harmonious communities. The third session was held on 16 May 2022 titled ‘Governance: how to run an effective Owners Corporation ’ and covered: Running Effective Meetings Effective committee decision making What can the committee decide Proxies Committee spending limits and delegations Establishment of subcommittees Effective communication between members, the manager and the building manager. Watch webinar #3: How to run an effective Owners Corporation . If you wish to tailor any of these sample items to your Owners Corporation or Committee, be sure to discuss it with your Owners Corporation Manager .

In this article we explain the different types of Owners Corporation resolutions and which type of resolution is required for common Owners Corporation decisions. What is a resolution? A resolution is a legally binding written and recorded decision made by an owners corporation either at a meeting or by ballot. Ordinary resolutions Most resolutions made in owners corporations are ordinary resolutions. They are passed by a majority of votes either at a meeting or via a ballot. The committee of management is delegated the power to make ordinary resolutions on behalf of the owners corporation. For example, an ordinary resolution is used to confirm the accuracy of minutes, elect a committee, approving financials and more. Unanimous resolutions A unanimous resolution is passed by all lots voting in favour of a resolution. It is required for the following: Changing the plan of subdivision (including changes to lot liability and/or entitlement). Disposing o...

From December 1 2021, updates to the Model Rules for an Owners Corporation have come into effect. Changes include rules about smoke penetration, the use of common property, external appearance of lots and more. It is important for all those who own and live in an Owners Corporation to be aware of the changes. Read on for a handy summary of all the new and amended Model Rules. Alternatively, you can download the updated Model Rules for an Owners Corporation here . Smoke penetration. A lot owner or occupier in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot. Fire safety information: A lot owner must ensure that any occupier of the lot owner’s lot is provided with a copy of fire safety advice and any emergency preparedness plan that exists in relation to the lot prior to the occupier c...

  With more and more Developers turning their minds to the build-to-rent (BTR) model, the question we keep getting asked is, ‘how can you help? It might seem obvious that the need to appoint an Owners Corporation Manager (OCM) is removed, given there will either be no Owners Corporation, or an Owners Corporation owned entirely by one party, at the end of the project. However, bringing on the specialised expertise of an OCM can help set your BTR project up for success, and ensure it continues to run optimally, long after tenants have settled in. Generally, an Owners Corporation Manager, or ‘Build to Rent Manager’ in these projects, would act as the representative of the Owner, working alongside the appointed leasing agent, property manager and/or building manager to ensure the building runs smoothly. So, what are the key areas an OCM can provide support in? And why does it pay to appoint an OCM to your Build to rent project? Establishing a realistic budget Setting a budge...