What is a body corporate?

Posted in Money basics
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These days a body corporate is called an owners corporation. These are formed by the owners of a piece of land that is subdivided into flats, units or apartments to manage, and maintain the common areas everyone uses like the stairwell, car park, or pool.

There are laws that determine what owners corporations can and can’t do and the rules they can and can’t set. With freehold property ownership and large mixed-use projects, the owners’ corporation can engage professional strata management or body corporate management to manage the building on behalf of all owners.

The body corporate / owners corporation deals with either physical property issues or issues relating to people living together. Physical property includes gardens, tennis courts, driveways etc. and issues relating to people living together include parking, behaviour and noise. Body corporate / owners corporation can make decisions at either a general meeting of all the owners or a meeting of the committee. In other words people can’t make individual decisions.

Insurances

The body corporate / owners corporation must ensure they have public liability insurance cover. It must also have the building covered under an authorised damage policy that will replace or reinstate the building back to its original condition.

How are they financed?

All owners pay a contribution (like a levy) that’s agreed to at the annual general meeting. There are two types:

  • first, there’s a contribution to the administration fund, which covers day-to-day things like insurance premiums
  • second, some owners coprorations require contributions to a sinking fund, which covers future capital expenses like driveway refurbishment, repainting, replacing carpets, overhauling the lift and repairing roofs and gutters.

Contributions usually go up if new work needs to be done or additional expenses pop up. And if you’re an owner you can vote against an increase or put up a motion for a different amount if you want. Body corporate managers can also put forward a motion for an increase in contributions.

By being actively involved in the running of a body corporate / owners corporation you can have a real say in how funds are spent and how projects are planned, so get involved!

More information

 

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Comments

32 Responses to What is a body corporate?

  1. Marilyn Thompson says:

    I own a unit which I live in, their are 3 units all together. In the past 9 Months on 2 occassions we have had to get a plumber to repair a Water meter that is postioned at the front of the driveway. Each Unit has their own meter. I want to know does Body Corporate Insurance cover this.

    Regards

  2. Marilyn Thompson says:

    Please submit the above

    Thank you

    Regards

    Marilyn Thompson

  3. robert says:

    my doughter is buying a 3 bedroom house in melbourne. does she have to be with body corporate. is it compulsry to be with bod corporate?

    • NAB says:

      Hi Robert, as body corporates are formed by the owners of a piece of land that is subdivided into flats, units or apartments to manage, and maintain the common areas everyone uses like the stairwell, car park, pool etc. It’s not related to a stand alone 3 bedroom house. For any further enquiries, please email us at social.media@nab.com.au ^SM

  4. Beth Burdett says:

    Hello, Just an inquiry I have a property (house and land) that has a common driveway entrance with 2 other properties. We have a common area of the driveway and land either side of it. How do we go about becomong a body corporate and what are our obligations in this common area? I assume we should be having meetings and have public liabilityy insurance etc. Could you direct me as to where to find out further information.

    • NAB says:

      Hi Beth, there are a few reference links at the end of the blog above – You can check out the appropriate state link for more info – Additionally, please email us at social.media@nab.com.au, with details and I can have the team give you a call to look into this for you ^SM

  5. marguerite hood says:

    My unit has been flooded. I have content insurance, which is being addressed. But what is the body corporates obligations to me as regards a water logged vanity, water logged built in robes, doors. Please advise.

  6. marguerite hood says:

    The water also went through the joining wall between my unit and my neighbour (she is a tenant, not an owner). Her bedroom carpet also got wet (nothing like mine though). Surely the wall between units is a structure and not a fitting.

  7. Nicola says:

    Hi

    I wondered if you could give some clarification over responsibility for repairs. The general rule that I’ve been told is if the repair is to common property or the structure of the building it is body corporate responsibility.

    But what about doors that secure an individual unit that open into common property eg a garage door and the electric motor that opens it? Is this considered to be the owners responsibility or the body corporate? What about front doors?

    Thanks for your advice.

    Nicola

  8. NAB says:

    Hi Nicola, keen to look into this for you – are you able to provide me with further details and a contact number to social.media@nab.com.au? I’ll have the team follow this up for you ^LB

  9. Kerry says:

    I am the director of our body corporate. We have particular tenants that do not like to follow the common sense rules that our Body Corporate has. Our units have a sign up stating that the property is for tenants cards only. This particular tenant allows his visitors to park outside his unit. He has been asked on many occasions to have his visitors park outside. Can we have his visitors car towed because we do have the Tenants Cars Only sign up?

  10. Funda says:

    Hello

    I have a unit that has caused water damage from the balcony to the inside of my house. I only have landlord insurance as I have tenants at the moment.

    Does body corporate cover this repair.

    The water has leaked from the balcony into the house and done some significant damage to the plaster and carpets fittings etc.

    Can you please advise..?

    Thank you

    Funda

  11. Michelle says:

    Just wondering how I go about setting up a bank account in the name of our owners corporation. I own both properties on. The block, however because insurances etc are in owners corporation number we really need a relevant bank account.
    Thanks,

    Michelle

  12. Steve F says:

    My wife and I have subdivived our land in Vic. We have an existing 40 year old house plus 2 new 3 bedroom houses. All the houses have indvidual titles. There is a common driveway. As we own all 3 houses do we still have to set up a body corporate or have owners corporation insurance? We currently have standard buldling insurance and land lords insurance that covers the common property.

  13. Joe says:

    Interested in this answer as i am in the same boat…

  14. John says:

    There is a lot of information that we will like to know through other people’s questions. I don’t really understand why all the comments signed ^LB are like a formatted reply of send me your details I will let the team look It up for you!??! Some of those of course require some details to be able to get the right answer for those people but some really are general inquiries. I guess it will be helpful to put some general information about the services involved- which will be useful information for us -then investigate further with the specific person…

  15. mike says:

    my back neighbor is the chair leader for shell haven an insists that I remove the security lights on side of driveway an also at entrance door an front house. She also because I do not have a vehical thinks has full priority of driveway and also sidw brick fence on my property. Does she have the right to do as pleases by removing an doing as pleases on my house which own an property of mine

  16. Margaret Whitstock says:

    What are the rules for common property? In particular, how can we respond when a resident smokes marijuana in the stairwell. Thank you.

  17. Lisa Rutland says:

    Hi Margaret

    Only the committee can direct the resident to stop smoking. You need to make a complaint, in writing, to the body corporate about the issue. All complaints should form part of the body corporate records which I only mention for full clarity. I know some people don’t like to complain. In the world of body corporates there isn’t really a lot of other options to get something done.

  18. Jen Sharrock says:

    Hi. The situation is that I own I unit of a set of three. My unit is a 3 bedroom with a yard and garden shed. One owner owns the other two; they are both 1 bedroom with no yard and no garden shed. However; the body corporate charges me, the owner, $700 per year to mow the tinniest section of grass at the very front of the bedroom window. My tenant wants to mow this herself as the body corporate are very slack and the grass is always overgrown and “ugly”. Can I, the owner, allow my tenant to mow her area? This will rud me from paying body corporate fees. Thank you Jen

  19. Dane Tahapeehi says:

    Hi, when setting up an account in name of a body corporate to fund insurance, maintenance etc, do i need a property manager for this? i won half of a duplex, me and the other owner are wondering can i set up a bank account myself with my own bank but in the name of the body corp, does both our names have to be registered on this account also for tax purposes

    thanks

    dane

  20. Hian Chan says:

    Hi, there. I own a freestanding house (which is rented out) in the 2 unit sub-division which has some common property consisting of the driveway and garden with plant and trees down the side which is quite a common scenario around the suburbs.
    I understand that there are some home and landlord policies that will cover my liability on the common property. They are not covering the liability of the owners corporation – only my share of the liability to the OC arising from my ownership of the building insured with the insurer.
    Can you advise which insurer will offer this type of policy?

    • NAB says:

      Hi Hian, For this type of enquiry you’ll need to speak to one of our insurance specialists on 132 928. I can also organise a callback if you like. Email your enquiry plus contact details to social.media@nab.com.au and I’ll have someone from the team contact you ^JM

  21. John Watson says:

    I wanted to gain knowledge about what body corporates are … despite this post being so old i was able to gain a lot because of such a knowledgeable discussion going on … thanks everyone especially NAB

  22. peter says:

    hi there .I was wondering there is three units on my property which included in body corp.. we do nothing which is incorpated with the body corp except send out the insurance each year to be payed..i don’t know what is invouled in body corp ..l have been living here for over ten years and no one really care about the body corp.. l tried to cancelled the body corp but l got told l cant…but l am wanting to sell soon and thought l better look into this body corp to set up .how to do this …have u have any ideas where to look and who to see to do this

    • NAB says:

      Hi Peter, there are a few reference links at the end of the blog above – You can check out the appropriate state link for more info – Additionally, please email us at social.media@nab.com.au, with details and I can have the team give you a call to look into this for you ^LB

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