❓ Hon Norman Moore questions the Department of Consumer and Employment Protection regarding strata management at Bey Apartments, specifically concerning rent collection and licensing requirements under the Strata Titles Act 1985 and the Real Estate and Business Agents Act 1978. The Minister clarifies the legalities around strata companies managing rentals for individual owners.
AnsweredQoN 1292Legislative Council
QuestionView source ↗
I refer to the Department of Consumer and Employment Protection’s investigation of the strata management at Bey Apartments at 112 Goderich Street, East Perth, and ask -
(1) Is it correct that pursuant to the
Strata Title Act 1985
, the Body Corporate, as the designated authority of the Bey Apartment’s Strata Company, has the ability to engage the services of gardeners, cleaners and plumbers?
(2) Is it correct that pursuant to the
Strata Titles Act 1985
, the Body Corporate can engage the services of a property manager who job description duties can include engaging the services of gardeners, cleaners and plumbers?
(3) Is it correct that pursuant to the
Strata Titles Act 1985
, the Body Corporate can engage the services of a property manager whose job description duties can include the collection of rent from tenants?
(4) Is it correct that the
Real Estate and Business Agents Act 1978
does not require property managers engaged by the body corporate to be licensed where the Body Corporate (and property manager) do not charge for that service?
(5) If no to (4) above, why not?
(6) Was Bey Apartments Body Corporate in breach of the
Strata Titles Act 1985
when it collected rent from tenants?
(7) If Bey Apartments Body Corporate was in breach, which Section of the
Strata Titles Act 1985
was being breached?
(8) Was Bey Apartments Body Corporate in breach of the
Real Estate and Business Agents Act 1978
when the Body Corporate collected rent from tenants?
(9) If Bey Apartments Body Corporate was in breach, which Section of the
Real Estate and Business Agents Act 1978
was being breached?
(10) Is the Minister aware that the Strata Title Referee determined that the rental management system at Bey Apartments was in accordance with the
Strata Titles Act 1985
?
(11) Why is it that DOCEP required the Bey Apartments Management Committee to make a decision regarding rent collection of tenants by July 30 2003 when the department was fully aware the Strata Title Referee was considering the matter?
(12) Can the Minister confirm that Bey Apartment Body Corporate was not in breach of the
Real Estate and Business Agents Act 1978,
especially section 26, as the Body Corporate was not ‘carrying on a business’ or ‘holding itself out to be carrying on a business’ when the Body Corporate organised for tenants rent to be collected?
(13) If not, why not?
(1) Is it correct that pursuant to the
Strata Title Act 1985
, the Body Corporate, as the designated authority of the Bey Apartment’s Strata Company, has the ability to engage the services of gardeners, cleaners and plumbers?
(2) Is it correct that pursuant to the
Strata Titles Act 1985
, the Body Corporate can engage the services of a property manager who job description duties can include engaging the services of gardeners, cleaners and plumbers?
(3) Is it correct that pursuant to the
Strata Titles Act 1985
, the Body Corporate can engage the services of a property manager whose job description duties can include the collection of rent from tenants?
(4) Is it correct that the
Real Estate and Business Agents Act 1978
does not require property managers engaged by the body corporate to be licensed where the Body Corporate (and property manager) do not charge for that service?
(5) If no to (4) above, why not?
(6) Was Bey Apartments Body Corporate in breach of the
Strata Titles Act 1985
when it collected rent from tenants?
(7) If Bey Apartments Body Corporate was in breach, which Section of the
Strata Titles Act 1985
was being breached?
(8) Was Bey Apartments Body Corporate in breach of the
Real Estate and Business Agents Act 1978
when the Body Corporate collected rent from tenants?
(9) If Bey Apartments Body Corporate was in breach, which Section of the
Real Estate and Business Agents Act 1978
was being breached?
(10) Is the Minister aware that the Strata Title Referee determined that the rental management system at Bey Apartments was in accordance with the
Strata Titles Act 1985
?
(11) Why is it that DOCEP required the Bey Apartments Management Committee to make a decision regarding rent collection of tenants by July 30 2003 when the department was fully aware the Strata Title Referee was considering the matter?
(12) Can the Minister confirm that Bey Apartment Body Corporate was not in breach of the
Real Estate and Business Agents Act 1978,
especially section 26, as the Body Corporate was not ‘carrying on a business’ or ‘holding itself out to be carrying on a business’ when the Body Corporate organised for tenants rent to be collected?
(13) If not, why not?
AnswerView source ↗
Answered
11 November 2003
Responded by
Minister for Housing and Works representing the Minister for Consumer and Employment Protection
Response time
27 days
The strata company may do and suffer all things that bodies corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which a strata company is constituted (Section 32(3)(d) STA). The strata company has a duty to keep in good and serviceable repair, properly maintain and, where necessary, renew and replace the common property (Section 35(1)(c)(i) STA), therefore it will have the ability to engage the services of gardeners, cleaners and plumbers in relation to the common property. In relation to lots, a strata company may make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to that lot or to the proprietor or occupier of that lot (Section 37(1)(g) STA). If the strata company has agreed with the proprietor of a lot to provide an amenity or service, be that engaging the services of gardeners, cleaners and plumbers, engaging the service of property managers, engaging the services of property managers to engage the services of gardeners, cleaners and plumbers, or for the strata company to collect rent then the strata company can proceed to do so. (3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
The strata company has a duty to keep in good and serviceable repair, properly maintain and, where necessary, renew and replace the common property (Section 35(1)(c)(i) STA), therefore it will have the ability to engage the services of gardeners, cleaners and plumbers in relation to the common property. In relation to lots, a strata company may make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to that lot or to the proprietor or occupier of that lot (Section 37(1)(g) STA). If the strata company has agreed with the proprietor of a lot to provide an amenity or service, be that engaging the services of gardeners, cleaners and plumbers, engaging the service of property managers, engaging the services of property managers to engage the services of gardeners, cleaners and plumbers, or for the strata company to collect rent then the strata company can proceed to do so. (3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
In relation to lots, a strata company may make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to that lot or to the proprietor or occupier of that lot (Section 37(1)(g) STA). If the strata company has agreed with the proprietor of a lot to provide an amenity or service, be that engaging the services of gardeners, cleaners and plumbers, engaging the service of property managers, engaging the services of property managers to engage the services of gardeners, cleaners and plumbers, or for the strata company to collect rent then the strata company can proceed to do so. (3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(13) Not applicable
The strata company has a duty to keep in good and serviceable repair, properly maintain and, where necessary, renew and replace the common property (Section 35(1)(c)(i) STA), therefore it will have the ability to engage the services of gardeners, cleaners and plumbers in relation to the common property. In relation to lots, a strata company may make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to that lot or to the proprietor or occupier of that lot (Section 37(1)(g) STA). If the strata company has agreed with the proprietor of a lot to provide an amenity or service, be that engaging the services of gardeners, cleaners and plumbers, engaging the service of property managers, engaging the services of property managers to engage the services of gardeners, cleaners and plumbers, or for the strata company to collect rent then the strata company can proceed to do so. (3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
In relation to lots, a strata company may make an agreement with any proprietor or occupier of a lot for the provision of amenities or services by it to that lot or to the proprietor or occupier of that lot (Section 37(1)(g) STA). If the strata company has agreed with the proprietor of a lot to provide an amenity or service, be that engaging the services of gardeners, cleaners and plumbers, engaging the service of property managers, engaging the services of property managers to engage the services of gardeners, cleaners and plumbers, or for the strata company to collect rent then the strata company can proceed to do so. (3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(3) In addition the Minister for Consumer and Employment Protection advises that: In Bey Apartments, the strata company did not own any of the property being leased to tenants. Each leased unit was owned by individual owners. Under the Real Estate and Business Agents Act 1978 (the REBA Act), a strata company can only undertake rental management of a property the strata company owns. Therefore, individual owners within the strata property cannot/could not engage the strata company or its property manager to manage properties owned by them as individuals. Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Individual owners must either manage the property themselves or engage a licensed real estate agent. If the property manager of the strata company is also a licensed real estate agent, it is possible that the same property manager may be used to manage the leased units, but this would be under separate contract and remuneration with individual owners. (4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(4) The Minister for Consumer and Employment Protection advises that: In this instance, the evidence suggests that the strata company was providing rental management services as part of its strata management function. This was funded either out of the strata levy paid by the unit owners, or by an additional fee paid by those owners using the rental management services of the strata company. The property managers employed by the strata company also received a salary for their jobs, which included rental management duties. The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
The REBA Act provides that if a person carries on a business which either alone or in part involves acting as an agent in respect of a real estate transaction, and for which they receive commission, reward or remuneration in money or money’s worth, then they must be licensed. This includes all aspects of rental management such as the collection of rent and bond, finding tenants, organising repairs and cleaning the rental property before the commencement of a new tenancy. It is the view of the Real Estate and Business Agents Supervisory Board (REBA) that any entity or person undertaking these services must comply with the REBA Act. Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Where an entity or its employees receive any form of remuneration or reward for performing rental management services as a component of their broader duties, then they must be licensed as a real estate agent. It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
It is difficult to envisage a situation where a strata company would provide a rental management service free of charge to individual owners. Strata companies receive strata levies from all owners in the strata scheme and therefore receive some form of remuneration for services they provide. If these services include rental management services for owners with leased properties, then the strata fee would be supporting those functions. In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
In addition, if the strata scheme also consists of owner-occupiers who do not require rental management services to be undertaken on their behalf, as well as those where the property is leased, the owner occupiers would likely expect that a lower strata fee would be levied against them. Any additional amount then levied against the investor owners would result in the strata company receiving remuneration for the rental management activities. (5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(5) See answer to question (4) (6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(6&7) The Minister for Housing and Works advises that: The Department of Land Information is unable to provide a response as the questions relate specifically to the Bey Apartments Body Corporate. If there are management issues within a body corporate, which cannot be resolved internally by the parties involved, the Act provides that the parties can lodge an application with the Strata Titles Referee to seek a resolution to the matter. Alternatively they can take the matter to the courts. (8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(8) The Minister for Consumer and Employment Protection advises that: It is the view of the REBA that Bey Apartments Body Corporate was in breach of the REBA Act in undertaking rental management functions on behalf of individual owners who wished to lease their properties, as those units were not owned by the strata company. (9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(9) Section 26 of the REBA Act. (10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(10) Some aspects of this question should be directed to the Minister for Housing and Works, however, the Minister for Consumer and Employment Protection advises that: The requirements of the REBA Act regarding rental property management stand alone, and apply regardless of the authority given to a strata company with strata management functions under the Strata Titles Act 1985 (the Strata Titles Act). (11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(11) The Minister for Consumer and Employment Protection advises that: REBA advised the Bey Apartments Body Corporate that it was REBA’s view that they were in breach of the REBA Act by undertaking rental management activities as part of their strata management function. The strata company was required to cease acting in breach of the REBA Act and the owners and strata company were given a reasonable period of time for the transition to new arrangements. It was then up to individual owners of the units to make alternative arrangements for the rental management of their property, either by taking on the responsibility themselves, or by engaging a licensed real estate agent to do so. Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
Regardless of any authority that a strata company may have to collect rent under the Strata Titles Act, the strata company must also comply with the requirements of the REBA Act. In particular, it must comply with the requirement for a licensed real estate agent to undertake certain real estate activities. (12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(12) The Minister for Consumer and Employment Protection advises that: The strata company was receiving strata management fees for performing services including rental management of units on behalf of individual owners. The property managers employed by the body corporate to perform the rental management and strata management services were receiving a salary. It is REBA’s view that these activities were being conducted for reward or remuneration as part of the strata management function of the strata company. The strata company neither owns the property that was being leased, nor holds a real estate licence, and therefore, the strata company was in breach of the REBA Act. (13) Not applicable
(13) Not applicable
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