Under the Unit Titles Act, every Body Corporate must have a secretary. Apart from some smaller Body Corporates, which manage their own secretarial function, this function is usually carried out by a professional secretary. The initial secretary is appointed by the developer of the complex. Whether for performance reasons, costs or personalities, a Body Corporate may look to change its secretary at any time.
Owners should not feel intimidated by a secretary who refuses to recognise their role as a mere agent of the owners. It is important due process is followed in removing an existing secretary. BBCL is happy to assist, at no cost, to ensure the correct procedures are followed.
Boutique recently provided financial and legal support to three large downtown Body Corporates who wished to change secretary, but were frustrated by the secretary’s refusal to accept due process.
In all instances the owners, with the support of Boutique, successfully applied to the High Court, which confirmed the secretary’s role is as servant to the owners. In all cases substantial costs were awarded against the previous secretary.
Boutique has streamlined procedures in place for recovering unpaid levies and charges from defaulting owners, including the collection of penalty interest and associated costs for the Body Corporate. These procedures ensure all costs incurred in the debt recovery process are met by the proprietor in default, and do not become a burden on the balance of owners who have met their obligations on time.
Body Corporate funds are held in a separate trust account, with all funds earning interest for the benefit of the Body Corporate. Accounts are maintained on a daily basis, so real-time reporting is available to committees and owners. Accounts are reviewed quarterly by our auditors, Grant Thornton Limited.
A full suite of contractors is available to Body Corporate clients on a 24/7 basis. Boutique has been able to negotiate substantial discounts with a number of contractors. All discounts are passed on in full to the Body Corporate.
Boutique uses Stratamaster customised strata management software. Accounts are presented to owners prior to any general meeting. These include a balance sheet, income vs expenditure, aged proprietors, aged creditors and a detailed expense activity report.
Boutique is happy to discuss and tailor a fee structure for each Body Corporate – one size does not fit all. The fee includes an annual general meeting, onsite if preferred, and all committee meetings. We aspire to deliver beyond client expectations and the flat administration fee for our comprehensive services ensures there are no surprises at the end of the financial year.
Full insurance to comply with the Unit Titles Act is arranged and facilitated for all Body Corporates through a competitive process. Insurance valuations when required are obtained from independent valuers.
Boutique has $5 million public liability, fidelity and professional indemnity cover via Lumley Insurance. Full insurance to comply with the Unit Titles Act is arranged and facilitated for all Body Corporates through a competitive process. Insurance valuations when required are obtained from independent valuers.
Every complex is different, and where services over and above the standard services are requested by the Body Corporate (such as dealing with “leaky building syndrome”), we have the knowledge and expertise to support and advise owners. No additional fees are charged for non-standard services without the prior approval of the Body Corporate.
While the majority of our business involves supporting Body Corporates under the Unit Titles Act, we also act as secretary for other shared ownership structures, including Incorporated Societies, Cross-leases, Company share structures, drainage and sewage pond facilities and timeshares. If it is jointly owned, we can help!
