Specialist services

Solutions for every stage and every community.

For complex development structures, such as part-strata schemes (also known as building management committees) and community associations, our team has specialist knowledge, specifically of the unique operating instruments that govern them, such as a strata or building management statements.

Our senior management team consists of specialist agents who are expert in dealing with the different management statements that govern the relationship between each of the stakeholders who form part of the ownership structure within this type of development.

It is generally true with stratum subdivisions that each management statement is drafted differently, and it is therefore necessary that special attention be given to the respective operating clauses and shared facilities register contained within. As such, the accounting practices used in respect of these schemes are somewhat more time consuming due to a general requirement to reflect the various costsharing items on an item-by-item basis.

Similarly, community associations and precinct and neighbourhood schemes will each operate in accordance with a community management statement, the provisions of which require a sound understanding. This area of management has been a particular focus of Wellman Strata since its inception in 2009.

Our experience dealing with developments that are affected by building defects and/or are in need of major remedial works is wide ranging.

We are well versed with the various stages an owners corporation must endure in such circumstances and understand that periods of a building’s lifecycle can create a significant cost burden, not to mention inconvenience, to lot owners and occupants due to building interruption.

It is therefore of the utmost importance that these processes are well managed (and well-communicated) to ensure the initial problems identified do not escalate, leading to further costs and building disruption.

In NSW, an owners corporation may be placed into compulsory administration whereby an agent is appointed to fulfil the duties and obligations of the corporation pursuant to orders made by the NSW Civil and Administrative Tribunal (NCAT).

This will generally occur in circumstances where the management of the strata scheme has become dysfunctional and there has been a breakdown among owners, or groups of owners, within the corporation resulting in a failure to administer the strata scheme properly and according to law.

Examples of when a compulsory appointment might be appropriate include:

  • Where the owners corporation, committee or incumbent agent is mismanaging scheme funds
  • Where the owners corporation, committee or incumbent agent is negligent in fulfilling its duties i.e., failing to maintain the common property or scheme records, failing to convene meetings, failing to insure the building.
  • Where a strata committee (appointed by an owners corporation) is willfully negligent in fulfilling decisions made by the owners corporation at a properly convened meeting or, conversely, disregards the decisions made by an owners corporation at a properly convened meeting.

Our strong technical understanding of the legislative instruments that impact the management of a strata scheme has established us an agent of choice when a strata scheme becomes dysfunctional.

The strata renewal process has been a key interest of our organisation since the introduction of new laws allowing owners corporations to take advantage of new zoning permissions and, see windfall gains being achieved through the collective sale of the strata asset to a property developer.

It is a highly technical area of strata management and one that commands a strong understanding of the legal framework that permits such actions to be taken.

Having access to relevant experts is also essential when managing these issues on behalf of strata communities, ensuring the rights of the owners are at all times properly considered and, effectively communicated having regard for any commercial outcomes that are being sought.