Therefore, if
individual strata owners have concerns about a strata manager, they are advised to first take their concerns to their strata council for resolution and any action the strata council may see fit to take.
Not exact matches
Each Palm Cove holiday apartment may have been decorated differently to the apartment next door as they are
strata titled which means the
individual owners may not have purchased the developers fit out package so each time you stay in the same Palm Cove apartment complex you may be treated to a different floor plan and different furniture fit out.
While non-affected
owners are not required to contribute to the cost of the litigation, it is reasonable to expect that litigation - averse
individuals would vote against the resolution regardless, so as to minimize the litigation pursed by the
strata.
Description: Class actions by
individual strata lot owners were permitted under the Class Proceedings Act, despite representative action provisions of the Strata Propert
strata lot
owners were permitted under the Class Proceedings Act, despite representative action provisions of the
Strata Propert
Strata Property Act.
The damages suffered by
strata owners may include consequential damages, i.e., the amounts assessed on
individual unit
owners by the
strata corporation to fund the cost to repair, restore or remediate the deficiencies to the common property.
Section 9 - 3 of the Rules allows an
individual licensee who is a
strata lot
owner to provide
strata management services to or on behalf of the
strata corporation in which the
strata lot is a member so long as the licensee:
The exemption in Section 2.17 of the Real Estate Services Regulation that enables a
strata lot
owner to provide
strata management services is limited to
individuals who are
owners.
An
individual is exempt from the requirements to obtain a licence for
strata management if the
individual provides
strata management services on behalf of the
strata corporation of which he or she is an
owner, as long as the
individual provides such services to no more than two
strata corporations.
9 - 3 (1) Subject to this section, the Act and these rules do not apply to an
individual licensed as a managing broker, associate broker or representative who is a
strata lot
owner in relation to
strata management services provided to or on behalf of the
strata corporation of which the licensee is a member by reason of being a
strata lot
owner, if all the following conditions are met:
It is the
strata corporation as a whole that is the client of the
strata manager, not the
individual owners.
77 (1) Subject to subsection (2), the term of office for an elected council member, or an
individual appointed under section 74.1 [
strata owner representative], is 2 years or until a successor is elected or temporarily appointed.
It is important to note, therefore, that the
strata manager's duty is to the
strata council, and not to the
individual owners within the
strata corporation.
It would, therefore, be a contravention of the Council Rules for the brokerage to correspond with the
individual owners to inform them of either the
strata council's discussions or decision to terminate the contract, unless the client has given that direction to do so.
However, without this information, there may be some difficulty for the
strata corporation to identify which areas of the common property are subject to a long term usage agreement with an
individual owner.
In addition, the Council, pursuant to section 74.1 of RESA, may appoint one
individual as a
Strata Owner Representative.