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© Copyright 2012 Teys Lawyers www.teyslawyers.com.au Introduction to Part Building Strata Schemes – Stratum Parcels 3 September 2012
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Introduction to Part Building Strata Schemes – Stratum Parcels

May 09, 2015

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Page 1: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Introduction to Part Building Strata Schemes – Stratum Parcels

3 September 2012

Page 2: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

What Is a Part Building Strata Scheme?

• Separates different parts or ‘uses’ of the one building

• Separate strata plans for retail shops and residential units

• Strata management statement deals with shared facilities and common areas Kingswilliam – 104 William Street, Five Dock

Page 3: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

King Street Wharf Sydney (Complex)

• 9 towers• Common basement• Private and public uses• Public roads above the

basement

• Staged development

Page 4: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Why Separate Schemes Within One Building?

Isolate distinct costs

eg higher commercial insurance premiums

Eliminate residential

owners interference

in commercial undertakings

Reduce compliance

costs for residential eg

WHS

Page 5: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Different Terminology

Strata management statement

Common areas and shared facilities

Stratum lot (ie air space lot)

Stratum parcel (strata scheme of a strata lot)

Page 6: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Strata Management Statements

BMC

Shared Facilities

Stratum Parcel

Stratum Lot

• Registered on title• Binds future purchasers and

mortgagees• Defines shared facilities and

common property• Establishes a building

management committee for managing common areas and facilities

• Divides costs

• Requires unanimity for amendment

Page 7: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Building Management Committee

• One delegate from each component

• Jurisdiction over common areas

• Raises funds to cover shared facilities

• Not a separate legal entity

• Separate strata management

Page 8: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Shared Facilities

Area services and equipment within one lot

in the building in one stratum within the building shared by two or more of

the component users

Page 9: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Dividing Costs of Shared Facilities

Page 10: Introduction to Part Building Strata Schemes – Stratum Parcels

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

About the webinar presenter - Michael Teys is the Founder and Principal

Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices

exclusively in the area of strata title law. He is a Fellow of the Australian

College of Community Association Lawyers. He was formerly an Adjunct

Lecturer with Charles Sturt University. He appears weekly on SKY News

Business Channel's Property Success with Margaret Lomas and is a

regular panellist for the property edition of Your Money, Your Call for the

same channel. You can read Michael’s blog at www.michaelteys.com and

follow him on Twitter at @MichaelTeys.com

Teys Lawyers practice nationally in strata title law representing owners corporations, bodies

corporate and apartment owners. The firm’s practice groups include building defects, strata

community disputes, strata titles property law, by-laws and levy collection.

Subscribe for their free e-newsletter StrataSpace and find out more about them at

www.teyslawyers.com.au

About the Presenter