Community titles schemes are administered in accordance with the Body Corporate and Community Management Act (Qld) 1997 and subordinate Regulations.  These laws are complex and designed to protect the interests of owners of property within a community titles scheme.  For this reason, CTIQ advises against owners trying to administer their own scheme as inadvertent errors may leave owners open to considerable financial liability.  Members of CTIQ practising as body corporate managers are required to keep abreast of all changes in the relevant legislation through a program of continuing professional development and also maintain professional indemnity insurance.

The body corporate manager is generally engaged to carry out specific administrative tasks to ensure that the community titles scheme is administered in accordance with the Body Corporate and Community Management Act (Qld) 1997 and other applicable legislation.  Their primary interest is to ensure that the scheme is efficiently managed on behalf of all owners.

Often a body corporate manager effectively works as the secretary of the body corporate committee. In consultation with the elected Chairperson, they will set dates for committee meetings, the annual general meeting, extraordinary meetings and in doing so prepare meeting papers such as agendas, minutes and financial reports.

The body corporate manager will follow specific instructions issued by the body corporate committee. In some instances, the body corporate committee may delegate some of its authority to the manager so that routine matters such as electricity bills can be paid by their due date.

It is important to note that a body corporate manager can only act when provided with specific instructions from the body corporate committee.  It would be inappropriate for the body corporate manager to spend money on items such as building maintenance without appropriate approval.

With respect to the budget for a community titles scheme, a body corporate manager will use their considerable administrative and technical knowledge to provide advice to the body corporate committee on the amount of money needed to ensure that building maintenance is undertaken, that gardens are maintained, appropriate insurance is in place and that sufficient funds are available to pay utilities such as power and water.  Advice is also tendered on the amount required to provide sufficient funding to enable the body corporate committee undertake its functions such as distributing meeting papers, pay for the manager and provide legal and auditing services as required.

Once the amount of money required has been determined, the body corporate manager will then recommend the body corporate levies (payable by each owner) in accordance with a detailed formula that applies for that specific building.

It is important to remember that both the amount of money required and the amount payable by lot owners is approved by all lot (a lot is usually an individual unit, house, apartment, etcetera) owners at the annual general meeting.  As in many areas in managing the community titles scheme, the body corporate manager is simply following the directions of the body corporate and although they may use their expertise to provide advice on the matter, the amount payable is set by the body corporate.

Quite often people confuse the roles of property managers and body corporate managers which are, in fact, quite distinct.  Unless a specific agreement exists with the body corporate manager, it is unusual for them to be responsible for the maintenance of a building. When requested by the body corporate committee, body corporate manager may seek quotes from building maintenance firms (such as electricians, plumbers, painters, etcetera) and gardeners and may even advise the maintenance company on when they can start work.  However, the task of ensuring that the maintenance company turns up and performs the work to an acceptable standard generally will rest with the body corporate committee.  In larger schemes it is usual for the body corporate to engage an on-site manager to ensure that building maintenance is undertaken and they should be approached rather than the body corporate manager.

If, as an owner or resident, you are unhappy with building or garden maintenance, your first point of contact should be the body corporate committee.

In the same way that a body corporate manager will seek advice and guidance from the Chairperson of the body corporate committee, it’s entirely appropriate that owners and residents do the same.  The Chairperson and other members of the body corporate committee are elected by property owners to oversee the management of the scheme.  Therefore they should be your first point of contact rather than the body corporate manager.

A body corporate manager may not immediately answer a question from a resident or owner but refer it to the committee for their consideration. This is because the body corporate committee is responsible for managing the property and the body corporate manager is simply following instructions of the committee.  Also, there is a cost incurred when answering questions and body corporate fees can be kept low when answered by the committee rather than regularly seeking the professional advice of the body corporate manager.

Role of the Body Corporate Manager