This post about self managed body corporate has been supplied by Lisa Rutland, www.mybodycorpreport.com.au.
Can I Manage My Own Strata?
You can’t search records for very long without coming across a self managed body corporate and for me it’s always a stressful moment. It usually means a more difficult job for me.
Which is not to suggest that there are necessarily issues with the scheme. The problems I experience are more to do with amateurs working in a field dominated by professionals, with the most common issue being access to the records.
In fact many body corporates self-manage admirably well and have strong, vibrant and above all involved communities.
Others, well not so much.
This article explores the pros and cons of self-management.
What is Self-Management?
A self managed body corporate is one that is managed completely by the lot owners themselves, or more specifically the elected committee.
Can they do that? Certainly.
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Body corporate legislation in Queensland is set up to ensure that lot owners can manage their own affairs. There is a whole structure to facilitate just that: the Chairperson, Secretary and Treasurer, the office holders.
Each office holder has a specific task and area of responsibility which all work together to ensure the body corporates needs and legislative requirements are met.
Body corporates are “allowed” to hire a body corporate manager to undertake some of those tasks for the office bearers, but it is not compulsory.
Even when a management firm is appointed that doesn’t diminish the powers of the committee in any way. Hiring a body corporate manager is more like appointing a personal assistant / accountant / industry adviser.
What Tasks Need To Be Done?
All body corporates work the same, from the very large to the very small. There are differences dictated by the regulation module applying to each scheme but for the most part the following tasks must be completed:
- Curate the body corporate records and make them available to “interested parties”
- Issue section 205 Information Certificates and, if desired*, disclosure statements
- Issue levy invoices, collect levy payments and chase overdue levies
- Manage cash accounts including payment of invoices, production of financial reports and tax requirements
- Run general meetings in accordance with legislation including nominations, agenda, running the meeting, collating votes and minutes of meeting
- Run committee meetings in accordance with legislation
- Implement committee / body corporate decisions and follow up works
- Manage all communications and deal with disputes
It’s a lot of work. Why would lot owners take on all this work instead of simply paying someone to do it for them?
The Pros of A Self Managed Body Corporate
There are a number of benefits of self-management, even given the amount of work.
The biggest benefit of self-managing your own body corporate is lower fees. If you don’t have to pay a manager because you’re self-managing you lower the body corporate’s outgoings and consequently the amount of yearly levies to be collected.
How much lower levies?
For a small building the cost saving could be as much as 50% of administrative levies, maybe even more. All schemes are very individual so it will depend on how much you’re currently paying for your manager.
Residual Revenue from Documentation
All body corporates are required to provide section 205 Information Certificates to purchasers and allow strata searches. They may also issue disclosure statements*, all tasks that generate small amounts of revenue.
Most management agreements direct those revenues to the body corporate manager since they are actually producing the documents. If the records are self-managed then someone on the committee will be responsible for producing documents and the revenue generated is paid to the body corporate.
Issues Resolved Quicker
One of the most common complaints about body corporates is how long it takes to get anything done. Unfortunately it’s one of the key drawbacks of managing by committee.
In practice those time frames are extended because in effect everything is funnelled through the body corporate manager. It’s a boon for capturing information and ensuring compliance but a drawback for speed.
If the people making the decisions are also the people actioning those decisions that extra layer of communication is removed. The end result; quicker decisions and actions.
Less Red Tape
Body corporate managers have strict codes of conduct they must adhere to when undertaking work on behalf of a body corporate.
Self managed body corporates are not subject to the same codes of conduct. They still need to meet legislative requirements however without the extra requirements of service providers.
Combine that with less communications and the end result is less to record.
More Effective Project Management
If you’ve arranged, communicated, corresponded and discussed all aspects of a project then you’re the person in control of the project. You’re also more in a position to make changes, eliminate extraneous steps and catch problems due to familiarity.
Having a “point person” in control of a project is one of the most powerful ways of ensuring success of a project which is why the role often falls to the Building Manager if the scheme has one.
Self-managing the body corporate automatically puts project management in the hands of the committee.
Body corporate managers exercise a fair amount of control over body corporates through control of the money, the advice they give the committee and tasks they simply won’t undertake.
Taking out that layer devolves that control back to the committee and lot owners who’re now in a position to make their own decisions based on what they want first and foremost rather than whether it fits legislation.
That last sentence does not fill me with confidence which is why more control is actually as much a con as it is a pro.
The Cons of A Self Managed Body Corporate
More Chance of Disputes
Body corporate managers advise. They are industry professionals and they advise committees based on their understanding of the legislation and regulations.
It’s also a form of control of the body corporate.
Take that away through self-management and the committee is effectively left to their own devices. They make whatever decisions they want regardless of whether or not the decision is legislatively correct.
Potentially it exposes the body corporate to more risk.
Lack of Necessary Advice
Managing a body corporate is not hard. It’s time consuming and can be frustrating but generally speaking it’s mostly administration.
Whomever is managing the records will need to set up their own minute and agenda templates and so on. They will also need to find help for industry based questions.
Help can be obtained from the Commissioner Body Corporate & Community Management but it’s unlikely to be the laser targeted “yes or no” advice a professional manager would give.
Lack of Industry Knowledge
One of the big issues I face is those who self-manage body corporates don’t always know what a search agent is. I find myself in the position of persuading them to let me see the records.
From my perspective it’s a minor problem that sometimes leads to conflict.
For the body corporate it has wider implications. Not specifically in terms of searching, because a missed search is not the end of the world, but how many other things, legislative requirements, are being missed.
Lack of Levy Increases
Body corporates are entities the same as everyone else and their dollar goes the same distance as yours or mine. For instance, my power bills gone up considerably recently. The same will be true for a body corporate which means increased levies.
A lot of self-managed body corporates put unnecessary emphasis on keeping levies low or static. Long term it can destabilise the body corporate’s financial position and results in large levy jumps.
Lack of Record Continuity
Lots are bought and sold in buildings all the time. Lot owners come and go.
Which is a problem if that lot owner just happened to be managing the body corporate records. The body corporate now needs to find someone else to manager the records, or the poor purchaser finds they’ve inherited a job.
Owners come and go but the body corporate endures and the body corporate records are an important part of that longevity. Unfortunately being self-managed puts more emphasis on the need for adequate record keeping.
Committee Dominated By One Person
This is something that all body corporate’s face but is particularly a problem for those who are self-managed.
Body corporates are managed by the lot owners for the lot owners. Sometimes situations arise where one person is on the committee and manages the records and they just become “the body corporate”. Management becomes less about communal good and more about what this one person wants or doesn’t want for that matter.
Self-management is a viable choice for some body corporates, in my experience mostly smaller schemes. Larger buildings have more complex issues and needs for which a body corporate manager is still best.
That said, self-management is becoming more and more common as lot owners are becoming more aware of their needs and skills. It’s only a matter of time before the industry will respond with tools to eliminate the cons and help owners self-manage their body corporates.
*Section 206 disclosure statements relate to Queensland body corporates only. Managers do not need to supply disclosure statements. They can but some managers elect not to.
For more information about self managed body corporate or strata title information particular to your state or territory, visit our FactSheet: Strata By-laws and Legislation or State FactSheets: Strata Legislation and Information
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