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Home » Committee Concerns » Committee Concerns TAS » Q&A: Body Corporate Rules Tasmania: Secede from my body corporate

Q&A: Body Corporate Rules Tasmania: Secede from my body corporate

Published May 24, 2016 By The LookUpStrata Team 3 Comments Last Updated May 19, 2021

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A Tasmanian lot owner emailed a question to us over the past week concerning body corporate rules Tasmania. We have received a response to this topic from Daniel Hunt, Ace Body Corporate Management.

Question: I would like information on Tasmanian Law regarding seceding from strata body corporate

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I would like information on Tasmanian Law regarding seceding from strata body corporate as has not been activated because other title owners have refused to acknowledge legal requirements or laws regarding body corporates.

I would appreciate any relevant information on what forms to get and departments to contact. What are the Body Corporate rules Tasmania?

Answer: One cannot simply choose to ‘secede’ from this relationship

This is a difficult question to answer without fully understanding all of the details in your question and also knowing the legal requirements that the other title owners have refused to acknowledge.

According to law, the body corporate automatically comes into existence when the strata scheme is registered by the Recorder of Titles, one cannot simply choose to ‘secede’ from this relationship because they are not getting along with the other title owners.

According to the Land Tasmania website: The Act requires the body corporate to take out and maintain insurance for all buildings and other improvements on the site and public risk insurance over the common property.

If the body corporate fails to insure, a lot owner may either

  1. request an order from the Recorder of Titles pursuant to an application for relief requiring the body corporate to take out the required insurance or
  2. obtain the required insurance and recover the cost from the body corporate by refund or deduction from levied contributions or by order of the Recorder.

More information regarding activating the body corporate can be found here: Body Corporate – Strata Schemes

Land Titles Office
Level 1, 134 Macquarie Street
Hobart TAS 7000
P: 03 6165 4444
E: [email protected]

The other option is to contact the Tasmanian Consumer Affairs and Fair Trading Department for more information regarding your problem.

Consumer Affairs and Fair Trading
P: 1300 65 44 99 (intrastate)
E: [email protected]

Have a question or something to add to the article? Leave a comment below.

Embed

Daniel Hunt
Business Development Manager
Ace Body Corporate Management (Head Office)
P: 03 9239 5403

Read next:

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Visit Strata Committee Concerns OR Strata Law Tasmania.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

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Comments

  1. Susanne says

    March 26, 2022 at 9:11 am

    I am part of an inactive Body Corporate, only two buildings & n0 common ground, do we need strata insurance?

    If so, may each owner take individual policies or simply have building insurance?
    Thank you.

    Reply
    • Liza Admin says

      April 8, 2022 at 7:32 am

      Hi Susane

      Tyrone Shandiman, Strata Insurance Solutions has responded to your question in this article: Strata Insurance Tasmania – for a small strata scheme

      Reply
  2. Paul says

    January 22, 2022 at 2:45 pm

    Our Body Corp refuses to have common insurance as most use a certain company that also offers public liability insurance, but this isn’t common insurance and some have to pay more than others and each property is insured at different amounts, the body corporate wont change its mind as votes always come out as 2 vs 8. I therefore have to use this same company (no other options) so I am covered for that.
    I don’t live at the property as it is occupied by my 78 year old mother, what liabilities am I exposed to for not having common insurance? How much trouble is it to force the issue as I have been told to get a lawyer by the Body Corp commission, do I really need to go to that extent to enforce THERE bylaws?

    Reply

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