We are not using our most powerful asset
The Unit Titles Act we are under provides us with a means of tailoring the regulations to suit our particular circumstances and we are not taking advantage of it.
During a debate I had, with someone on committee, they referred to a section of the Act as an article of the corporation. I didn't pursue it because it wasn’t important at time, but then in subsequent conversations I have had with owners of Unit 2,4,5 and 6. It is apparent many of us do not understand the difference between the Unit Titles Act and the Unit Titles Schemes Act or Articles and By-laws. I think it's important to understand for the future.
Lets start at the beginning .
There are a number of different Strata development plans
Estate development plan
Building development plan
Unit Title development plan
We are the product of a Unit Title Development Plan.
And our size ( number of units) puts us within the sub section of a “Standard Plan”
The owners of the units in these plans form the Plans Corporation referred to as the plans Body Corporate
Our plan 2000/29 was registered 15 March 2000 -- well prior to 2009 and so we come under the
UNIT TITLES ACT of 1975
Those plans conceived after 2009 fall under the UNIT TITLES SCHEME 2009
The Unit Titles Act of 1975 has a subordinate legislation the Management Modules a set of regulations that govern how the Corporation should conduct it duties
The Body Corporates legal duty is to Control manage and administer the common property for the use and enjoyment of all owners.
Under the Unit Titles Act 1975 there is a default standard set regulations designed to assist the corporation with the governance of the common property. The list of regulations set out in Schedule 1 of the Unit Titles Act by default become our Articles of Corporation. Which the Body Corporate has the power to change. (See Sec 76 & 78 UTA)
Although the Act and the management regulations get amended from time to time we have no control over that and so for our purpose we can think of the sections of the Unit Titles Act and Management Regulations as being fixed.
The Articles of corporation however are ours and the corporation has the power to change them to suit our particular circumstance.
The Articles do not exist in the Unit Titles Scheme 2009 they have “By-Laws” for same purpose as our articles. By-Laws do exist and can be made under the Unit Titles Act but, a Body Corporate of a unit title development plan does not have the authority to make by-laws. By- Laws differ from Articles in that By-Laws can prescribe penalties for breaches, up to I think 20 penalty units , and dont what it is now but back in 2013 1 penalty unit was $141. You can not attach penalties to the Articles of corporation.
By-laws also must be reviewed by the schemes supervisor who has the power to disallow them or ask they be amended prior to them being registered by the Registrar-General
Any alterations to Articles of corporation need to be lodged and registered with the Registrar-General and have force and effect from the date of registration. (See Sec 76 & 78 UTA)
Bottom line is the articles can be altered to suit the differing circumstances of different body corporates. We are still operating under the default set of articles. We have the power to alter them to provide a way forward for pet approvals and for common property court yard control and management.