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
GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE
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
Read next:- NAT: Large or Small – Could Strata Finance be the Solution?
- TAS: Q&A How long should we keep records of the AGM?
Visit Strata Committee Concerns OR Strata Law Tasmania.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.