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What is a Body Corporate and How Do They Work?

Have you ever wondered about the role of a body corporate, and whom you might need to speak to about certain issues? There are often three key roles which are responsible for different areas of the Body Corporate.

What are the Roles within a Body Corporate?

The Body Corporate Committee

The first role is the Body Corporate Committee. The Body Corporate Committee is elected at an annual general meeting and is made up of a series of lot owners or people who act on their behalf.

The committee looks after the administrative and day-to-day running of the body corporate. They are empowered to make certain decisions on behalf of the body corporate and manage the implementation of decisions made by the body corporate.

The Body Corporate Manager

The next role is the Body Corporate Manager. This is a different role to an onsite manager. The Body Corporate Manager is engaged by the body corporate to provide the administrative services of the body corporate, but they are restricted in the powers and decisions it can make.

The Body Corporate Manager will undertake things such as managing the administrative and sinking funds. They may perform some or all of the powers of the executive of the committee and/or provide assistance to the committee. These services include calling committee and general meetings, sending out levy notices and breach notices and bylaw contravention notices, sending out the minutes of the body corporate meetings and managing the body corporate’s financial affairs.

The Caretaker and Letting Agent

The final role within the body corporate is the role of the Caretaker and Letting Agent.

Some body corporates have a Caretaker who is responsible for managing the day-to-day maintenance of the body corporate. They may undertake gardening services and the general upkeep of the common property.

In addition to this service, the Caretaker may also be a Letting Agent. The Letting Agent is authorised to provide letting services within the body corporate. It is important to note that a Caretaker or an Onsite Manager is not empowered to give approval to lot owners or third-party requests.

The various roles within a body corporate become particularly important when you require body corporate approval. If you would like to find out more about body corporate matters, please get in touch with the Argon Law team.

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