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16/01/2012 at 1:59 pm #7855
I am an owner in a 2 unit strata. The other owner and I recently decided to self manage because of high unit management fees.
Our only shared property is our garage walls and a section of ceiling. Do we still need to set up a sinking fund? If so, are there some guidelines as to amount of money per months/year? Where does this money go?
Also we are organizing insurance through an insurance broker. Any advice on the best way to pay this? A dual bank account (which other owners don’t see as necessary) or cash payments?
Any advice is welcome, thanks.
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16/01/2012 at 7:20 pm #14535
This is what the Strata Act says about two-lot plans:
69 Sinking fund to be established
(1) An owners corporation must establish a sinking fund.
(2) However, an owners corporation for a strata scheme comprising 2 lots need not establish a sinking fund if:
(a) the owners corporation so determines by unanimous resolution, and
(b) the buildings comprised in one of those lots are physically detached from the buildings comprised in the other lot, and
(c) no building or part of a building in the strata scheme is situated outside those lots.
So it sounds like you DO need a sinking fund. If that’s the case, then this applies:
75 Estimates to be prepared of contributions to administrative and sinking funds
(1) An owners corporation must, not later than 14 days after the constitution of the owners corporation and at each annual general meeting after that, estimate how much money it will need to credit to its administrative fund for actual and expected expenditure:
(a) to maintain in good condition on a day-to-day basis the common property and any personal property vested in the owners corporation, and
(b) to provide for insurance premiums, and
(c) to meet other recurrent expenses.
Note. Recurrent expenses would include such regular expenses as insurance, water charges, electricity charges, carpet cleaning, lawnmowing services and the like and minor expenses relating to maintenance of the common property.
(2) An owners corporation must, at each annual general meeting, estimate how much money it will need to credit to its sinking fund for actual and expected expenditure:
(a) for painting or repainting any part of the common property which is a building or other structure, and
(b) to acquire personal property, and
(c) to renew or replace personal property, and
(d) to renew or replace fixtures and fittings that are part of the common property, and
(e) to replace or repair the common property, and
(f) to meet other expenses of a capital nature.
Note. Expenses of a capital nature would include expenses in relation to major repairs or improvements to the common property or personal property of the owners corporation, such as painting of a building or replacement of roofing, guttering or fences and the like.
(3) When estimating amounts needed to be credited to the administrative fund or the sinking fund the owners corporation must have before it, and take into account, a statement of the existing financial situation of the strata scheme and an estimate of receipts and payments.
(4) In estimating amounts to be credited to the sinking fund, an owners corporation that is required to prepare a plan under section 75A is to take into account anticipated major expenditure identified in the plan for the 10-year period to which the plan relates.
Professional surveyors can make the sinking fund assessment for you but in a small strata you might be able to do so yourself with the assistance of local tradesmen who ill tell you when maintenance will be required and how much it will cost.
It would make sense for you to have a separate joint account, perhaps accessible only by signature of both parties, to show prospective purchasers that everything is in hand and above board and the required funds are in place. This shouldn’t cost any more than the time it takes to set it up
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
11/10/2012 at 11:25 pm #16801Thanks for the advice so far.
So we have finally decided to leave our Strata Management and self manage. We have received a folders with all tax, bank, bill records.
I now have further questions:
1. In the folders we received a cheque for the amount that was in our bank account. The other owner now wants to cash in the cheque and split the money (in our correct percentages) for each owner to keep. Would it be better to put that money in an account in both our names for future reference/sinking fund? I am having difficulty convincing the other owner that we need to have a sinking fund.
2. We also received the deeds to our properties. Is it best that each owner keeps their own/that they stay together in a bank safe deposit box/separate safe deposit boxes?
3. Reading over other threads in this topic, we too have got ourselves in for more than we thought. The other owner is very casual about the whole set up and doesn’t even see the need to have an AGM. I’m a little worried that when I want to sell my property a few years down the track, I’m going to have difficulties because there is no strata paper trail. Am I right in my thinking this?
Again, advice is appreciated. Thanks.
12/10/2012 at 3:46 pm #16825Jimmy T has already answered most if not all of your questions, and it seems to me that you’re heading for a whole heap of trouble if you don’t heed that advice and/or if you take notice of what your “casual” neighbour wants to do!
I’m not in any way having a go at you, but perhaps you should have sorted out all the issues involved in strata management before making the decision to self-manage – a task that’s not as easy to do correctly as some might think!
I’m not in the business of pushing other peoples’ barrows, but nonetheless I’d strongly encourage you to contact a Company called Our Body Corp who has recently established an on-line service with all the tools (including advice) to enable Strata Plan’s to self-manage, and at a quoted cost of $84 / Lot / year.
Have a look, because unlike listening to your casual neighbour, it can’t do any harm.
16/10/2012 at 5:01 pm #16873I strongly suggest that you not follow your fellow owners suggestion re the money. That money should be kept in a trust account, basically it doesn’t belong to either of you, it belongs to the strata scheme. What will you do if work is required and you find that the other owner has spent the money?
As Whale has pointed out, there should be both an administrative fund and a sinking fund and you need to prepare a budget each year to determine contributions to those funds.
17/10/2012 at 10:20 pm #16899Thanks for your help. I have realised that this is just way beyond me and have decided to go back to strata management. We’ll be going with a different company though. Anything I need to look out for this time?
18/10/2012 at 12:50 pm #16906P of M – Good Move!!
Your first post indicated that you moved to self-management “because of high unit management fees”, but I suspect that you also want some control over how your money is spent.
If my suspicion is correct and your neighbour feels the same way, then I’d suggest that for the time being at least you keep a tight rein on the delegations given to the Strata Manager by the Owners Corporation (i.e. both of you).
You don’t want to “hire a dog and bark yourself”, but your Owners Corporation (O/C) can insist upon things such as a minimum two quotes for common property works and for insurance accompanied by recommendation/s by your Strata Manager, and that no expenditure may be made for other than routine items such as utility charges and grounds maintenance without the prior approval of the O/C.
Once your O/C is confident that the Strata Manager is providing the service that you require, then you can back-off a little and perhaps ask them to just advise you about what they’re doing as opposed to seeking the OK before doing it.
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