ACT: Q&A Owners Corporation bank accounts, audits and spending

This article is about executive committee spending.

Table of Contents:

• QUESTION: Are audit of the owners corporation financial statements a legal requirement in the ACT? Our treasurer and strata manager are at odds with what elements are considered to reach the $250,000 threshold.
• QUESTION: If the Executive Committee is unable to justify expenditure can the Owners Corporation request reimbursement from the Committee members to the appropriate fund?

Question: Are audit of the owners corporation financial statements a legal requirement in the ACT? Our treasurer and strata manager are at odds with what elements are considered to reach the $250,000 threshold.

We are a complex of 17 units. Are audits of the owners corporation financial statements legally required in the ACT? Our treasurer and strata manager are at odds with what elements are considered to reach the $250,000 threshold.

The strata manager advised that our total assets (sinking and admin fund) plus the proposed owner levies for the coming year are the basis for assessing if we reach the $250,000 threshold. Our treasurer believes it is the proposed budget only (and not other assets already held and not proposed to be spent).

The audit was commissioned without consulting the committee, and now there is disagreement on paying the costs. Any advice or guidance you can provide would be greatly appreciated.

Answer: An audit is to be arranged before an AGM if there are more than 100 lots in the building OR the annual budget of the plan is more than $250,000.

For compulsory unit title audits in the ACT, the Unit Titles (Management) Act 2011 [A2011-41] is almost identical to NSW strata legislation.

Schedule 2, Section 2.1(1)(g) states an audit is to be arranged before an AGM if there is either more than 100 lots in the building OR the annual budget of the plan is more than $250,000.

Section 2.1A explains how to work out the annual budget for audit purposes. Paraphrasing it is an estimate of all fund contributions plus “any other amounts held by the owners corporation for the purposes of managing the units plan at the beginning of the financial year…”

As per NSW legislation, the latter has been defined as cash held at the beginning of the year.

So, as per NSW, the calculation is cash held at the beginning of the year + all types of contributions raised during the year greater than $250,000.

Matthew Faulkner
Matthew Faulkner Accountancy PTY LTD
E: matt@mattfaulkner.accountants
P: 0438 116 374

This post appears in Strata News #682.

Question: If the Executive Committee is unable to justify expenditure can the Owners Corporation request reimbursement from the Committee members to the appropriate fund?

What options are available to the Owners Corporation in seeking reimbursement from the Executive Committee?

If the Executive Committee is unable to justify expenditure on any given cost can the Owners Corporation simply request reimbursement from the Committee members to the appropriate fund?

Answer: The EC is elected to act in the best interests of the Owners Corporation.

The Executive Committee is elected to act in the best interests of the Owners Corporation in exercising the member’s functions as an executive member.

If the Owners do not like the decisions of the Executive Committee, then they elect a new Executive Committee at their next meeting or call a General Meeting. This is very much like local, state and federal elections.

The Executive Committee should contain spending to the amounts approved in the budget, however, without knowing the background it is difficult to comment further.

A party to a dispute relating to an owners corporation for a units plan may bring an application to the Australian Capital Territory Civil & Administrative Tribunal (ACAT). if the application relates to the dispute and one of the parties is:

• a unit owner or occupier;
• the owners corporation manager or former manager;
• a service contractor;
• an executive committee member.

There are certain applications that cannot be brought to the ACAT or can only be brought by certain parties. Check here for a list of dispute that can be taken to ACAT.

Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700

This post appears in Strata News #246.

Have a question about executive committee spending or something to add to the article? Leave a comment below.

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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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