A Tasmanian lot owner emailed a question to us over the past week concerning body corporate rules Tasmania. We have received a response to this topic from Daniel Hunt, Ace Body Corporate Management.
Question: I would like information on Tasmanian Law regarding seceding from strata body corporate
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I would like information on Tasmanian Law regarding seceding from strata body corporate as has not been activated because other title owners have refused to acknowledge legal requirements or laws regarding body corporates.
I would appreciate any relevant information on what forms to get and departments to contact. What are the Body Corporate rules Tasmania?
Answer: One cannot simply choose to ‘secede’ from this relationship
This is a difficult question to answer without fully understanding all of the details in your question and also knowing the legal requirements that the other title owners have refused to acknowledge.
According to law, the body corporate automatically comes into existence when the strata scheme is registered by the Recorder of Titles, one cannot simply choose to ‘secede’ from this relationship because they are not getting along with the other title owners.
According to the Land Tasmania website: The Act requires the body corporate to take out and maintain insurance for all buildings and other improvements on the site and public risk insurance over the common property.
If the body corporate fails to insure, a lot owner may either
- request an order from the Recorder of Titles pursuant to an application for relief requiring the body corporate to take out the required insurance or
- obtain the required insurance and recover the cost from the body corporate by refund or deduction from levied contributions or by order of the Recorder.
More information regarding activating the body corporate can be found here: Body Corporate – Strata Schemes
Land Titles Office
Level 1, 134 Macquarie Street
Hobart TAS 7000
P: 03 6165 4444
E: Titles.Enquiries@dpipwe.tas.gov.au
The other option is to contact the Tasmanian Consumer Affairs and Fair Trading Department for more information regarding your problem.
Consumer Affairs and Fair Trading
P: 1300 65 44 99 (intrastate)
E: consumer.affairs@justice.tas.gov.au
Have a question or something to add to the article? Leave a comment below.
Daniel Hunt
Business Development Manager
Ace Body Corporate Management (Head Office)
P: 03 9239 5403
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My mother lives in a villa unit with strata title in Tasmania. I know under the Strata Titles Act where there is a body corporate they must insure the buildings and have public liability insurance. However, 4 of the 7 unit owners wish to dissolve the body corporate (put to a vote at the last annual meeting) and take out private insurance. My question is, can the body corporate be legally dissolved or is it compulsory for owners of a strata title to maintain a body corporate?
I am part of an inactive Body Corporate, only two buildings & n0 common ground, do we need strata insurance?
If so, may each owner take individual policies or simply have building insurance?
Thank you.
Hi Susane
Tyrone Shandiman, Strata Insurance Solutions has responded to your question in this article: Strata Insurance Tasmania – for a small strata scheme
Our Body Corp refuses to have common insurance as most use a certain company that also offers public liability insurance, but this isn’t common insurance and some have to pay more than others and each property is insured at different amounts, the body corporate wont change its mind as votes always come out as 2 vs 8. I therefore have to use this same company (no other options) so I am covered for that.
I don’t live at the property as it is occupied by my 78 year old mother, what liabilities am I exposed to for not having common insurance? How much trouble is it to force the issue as I have been told to get a lawyer by the Body Corp commission, do I really need to go to that extent to enforce THERE bylaws?