Does the body corporate pay the strata manager's preparation fee for the new seller's disclosure Form 33?
The new seller's disclosure form came into effect on 1 August 2025. The seller pays $84 for the search certificate, but who pays the $200-$250 fee from the strata manager for processing the Form 33?
Our strata manager wants to charge the preparation fee to the body corporate. I believe this is a commercial transaction that the seller should pay for. The strata manager says the BCCM Act requires the body corporate to pay the fee from the administrative fund. Is this correct?
If the body corporate manager is engaged by the body corporate to prepare the certificate, then they are entitled to charge the body corporate in doing so.
The transaction is not simply a commercial transaction. The body corporate has a statutory obligation to provide the certificate and is only entitled to charge the $84 fee.
The body corporate can either provide the certificate itself or engage the body corporate manager (or a third party) to do so. If the body corporate manager is engaged by the body corporate to prepare the certificate, then they are entitled to charge the body corporate for doing so. This is where the additional cost comes from (which is typically subsidised by the $84 fee the body corporate could otherwise retain).
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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