Owning A Lot In A Community Titles Scheme
Owning a lot in a community titles scheme brings certain obligations beyond those of owning a detached house. You should carefully consider whether living or investing in a community titles scheme suits your lifestyle and financial needs.
When you buy a lot in a community titles scheme you are automatically a member of the Body Corporate. You cannot ‘Opt Out’ of being a part of the Body Corporate.
Legislation
The BCCM Act is the legislation that regulates most Bodies Corporate in Queensland it sets out the rights and responsibilities of people involved with Bodies Corporate. Each Body Corporate is registered under a regulation module. The regulation module sets out rules for committees, general meetings, financial management, property management and insurance.
Maintenance
The Body Corporate is responsible for maintaining the common property and in some situations certain elements of a building that are not common property. You will have certain rights and responsibilities for your own property and also for the common property shared with other owners in your complex. Common property ranges from a shared driveway or letterboxes to elevators, stairways, swimming pools, tennis courts and roadways.
Levies
As an owner you will need to contribute financially to the day to day running of the scheme by paying regular levies. Levy amounts vary between scheme depending on the conditions and age of the common property and shared facilities. Running costs almost always increase over time.
When considering to purchase a unit in a community titles scheme, you should find out if there are any levies and charges still owned by the current owner. The levies run with the lot, therefore the new owner would be liable to pay any outstanding amounts. It is highly recommended that Body Corporate searches are undertaken by your conveyancing solicitor and/or a Search Agent prior to purchasing.
By-Laws
By-laws are an additional set of rules particular to each scheme that regulate the behaviour of owners, occupiers and their invitees on the common property and within their lots. By-laws cover a range of issues such as noise, pets and parking. You should find out the By-laws for the scheme you are considering buying into so you can see what you can and can’t do or what you need to ask permission for once you become an owner.
Reference: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/
