Who's Really in Charge? Understanding your Body Corporate

Living in a Sectional Title Scheme (STS) community comes with shared responsibilities and decision-making. It can sometimes be confusing to navigate the different roles and who exactly holds the power. Let's clear up one common misconception: it's the owners, not the managing agent (MA), who are ultimately responsible for the body corporate.

The body corporate is a legal entity formed by the owners of sections within the complex. It represents the collective ownership of the shared spaces and amenities. Think of it as a mini government within your complex.

Trustees are elected by the owners to oversee the body corporate's operations. They act as the decision-makers, responsible for setting budgets, approving expenditures, and generally ensuring the smooth running of the community.

The managing agent (MA) is hired by the trustees to manage administrative and financial matters, contractors, and ensure compliance with regulations. However, the MA is not involved in onsite matters and does not have the authority to make decisions on behalf of the body corporate.

Here's a breakdown of how it works:

• Owners form the body corporate and elect the trustees.

• Trustees act as representatives of the owners and make decisions on their behalf.

• Managing agent serves as the administrative and financial arm of the body corporate, taking direction from the trustees.

It's crucial to remember that the managing agent works for the trustees, who in turn are responsible to the owners. Owners are the ultimate decision-makers, and their voices must be heard.

Staying informed is key:

• Attend body corporate meetings. This is your opportunity to voice your concerns, share ideas, and participate in the decision-making process.

• Review meeting minutes and financial statements. This will provide you with transparency about the body corporate's operations and ensure you're kept in the loop.

• Communicate directly with the trustees. If you have any questions or concerns, reach out to them directly , preferably through written and motivated correspondence.

Remember, the body corporate is there to serve the interests of the owners. By understanding your role and staying informed, you can ensure a smooth and harmonious living experience for everyone.