Strata corporation4/27/2023 Unless a particular strata plan indicates otherwise, the boundary of a unit is the internal surface of the walls, floors and ceilings. Generally speaking, common property is any land or space that is not within a unit. The question of what is and what is not common property is a difficult issue, and can cause many disputes. Thus, for example, a unit holder is not required to clean the gutter attached to their unit, this is the corporation's responsibility. It is the responsibility of the corporation to maintain the common property, while it is the responsibility of individual unit holders to maintain what is not common property, that is, to maintain their own units (article 1, Strata Corporation Articles]. The common property is held by the strata corporation in trust for all the unit holders. ![]() The corporation can make rules which are binding on the corporation, unit holders and tenants regarding the use of common property and the units, providing that the rules do not contravene the Strata Titles Act 1988 (SA) or other laws. The strata corporation can delegate some or all of its functions to a management committee and may appoint a strata manager or other such agent to assist with the management of the corporation. The corporation must have a common seal, which may be used for entering contracts, and must be used if the corporation wishes to amalgamate with another strata corporation. If the corporation has a debt, the unit holders have, amongst themselves, the right of contribution to the debt based on their respective unit entitlements. Note that unit holders are guarantors of their corporation's liabilities, which means the corporation's debts are enforceable against each or any of the unit holders directly. Īll unit holders are automatically members of the corporation, but tenants are not. The role of a strata corporation is to administer and maintain the common property for the benefit of all unit holders, to administer all other property of the corporation, and to enforce the articles of the strata corporation. Common property Powers of the strata corporation Insurance Officers of the strata corporation Records Access to informationĮvery strata title property has its own strata corporation.
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