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Eleventh episode of the Let's Talk Strata podcast is available now

4/30/2019

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Body Corporate Managers – the critical cog in the strata machine

An experienced BCM’s view on strata management best practice, and achieving client satisfaction in an ever-expanding role with Coralie Mott, Director of CTS management
In the 11th episode of the Let’s Talk Strata Podcast, Coralie sheds light on the practicalities and challenges in delivering outcomes and exceeding client expectations.  Coralie overviews the evolution of strata management and highlights the critical role that Body Corporate Managers, or BCMs, play in ensuring Bodies Corporate operate within the ambit of the legislation.
 
Particularly, Coralie and Marc discuss the following:

  • Communication as key to managing expectations of contractors and sub-contractors and committees;
  • Enhancing the delivery of strata management through technology, including the more effective conduct of meeting procedures;
  • The emergence of electronic voting and how this will enhance transparency, speed of delivery and access to clients;
  • Complexities found in the more modern layered schemes and managing the enlarged responsibilities and obligations;
  • The expansion of the BCM’s role and the emergence of the concept of the BCM as “information facilitator”;
  • Managing the tension between delivery of legislative information to clients and the referral to lawyer for necessary legal advice;
  • The pathway to a career in strata management - education, ongoing professional development and practice, and developing of professional networks – + tips to new entrants to the industry;
  • Future directions of strata management and the need for industry stakeholder collaboration and self-regulation or licencing of strata professionals;
  • Exploration of “on-the-ground” BCM issues, such as:
    • Managing BCM disputes;
    • BCM termination of its agreement in certain circumstances;
    • Tips on enhancing strata financial management;
    • Acquisition of BCM skill sets.

Coralie’s contact details:
 
Tel: (07) 3367 3559
Email: [email protected]
Website: www.ctsm.com.au

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Tenth episode of the Let's Talk Strata podcast is available now

4/16/2019

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Body Corporate debt recovery - Procedures, tips and steps to successful action

An instructive look at debt recovery from the Body Corporate and lawyer’s perspective, and how to manage such processes with Daniel Wignall, Principal Lawyer at Macpherson Kelley
​Daniel discusses the difficulties and challenges in a Body Corporate recovering outstanding debts, amidst the Body Corporate’s obligation and limitation periods for such recoveries.  Daniel provides recommendations on the committee action in initiating a ‘prescribed proceeding” for debt recovery, including the best practice in formulating the necessary committee approval (VOC).  Daniel advocates for specific and detailed committee motions in approving debt recovery processes, stating:
“I think it’s important to keep it specific because it all depends on the amount of the claim, and to keep lawyers in check and always reporting back to their clients.  I think, if it gets to a point where it’s not commercial, committees need to understand that and need to be told that … so causing the lawyer to go back to the committee all the time on big decisions of cost is important, and therefore the VOC should be quite specific on what those instructions are.
Daniel delves into best practices and intricacies of the following:

  • The effect that the quantum of the debt has on the optimum method to pursue debt recovery;
  • The process of debt recovery explained;
  • Why lot owners do not pay levies and why it is imperative that a Body Corporate recover such debts;
  • The benefits of lawyers billing debt recovery actions on the basis of a scale of costs, particularly when arguing the “reasonableness” of recovering such incurred costs;
  • The importance of levies on how not paying levies impacts the Body Corporate;
  • The need for reasonableness of payment plans from lot owners;
  • Self-represented parties and the implications of dealing with such debtors;
  • Debt recovery enforcement options against individuals and corporate entities;
  • Financiers and debt recovery;
  • The importance of proper communication between the Body Corporate/Lawyer and the lot owner debtor;
  • The role of the Body Corporate Manager in debt recovery, associated due diligence action and best practices to be undertaken;
  • The conveyancer’s role in debt recovery; and
  • Future directions in Body Corporate debt recovery including cost implications in nuisance applications.
 
 
Daniel’s contact details:
Daniel Wignall
Principal Lawyer - Litigation and Dispute Resolution, QLD
MK Lawyers
 
P:            +61 7 3235 0460
E:            [email protected]
Profile:   https://mk.com.au/our-people/daniel-wignall/
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Ninth episode of the Let's Talk Strata podcast is available now

4/2/2019

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​BCMs, the need for licencing and the role of education in enhancing the profession

An insightful view on Body Corporate Management, its intricacies and future growth opportunities with Deryck Walker, RMIT
​In the 9th episode of the Let’s Talk Strata Podcast, Deryck Walker draws on his extensive experience in Body Corporate Management, consultancy and education in the strata space.  Deryck discusses the scope of the RMIT Certificate VI in Strata Community Management that he coordinates and how it offers a clear pathway into a career in Body Corporate Management.  Deryck remarks:
“…with the exception of … NSW, ACT and Northern Territory, with there being no licencing requirements, there is not a minimum bar for entry on who a manager can be, what they know and what they do – and this is why the licensing piece is so vital … if you know what you are doing, you can go into the Cert VI – an experienced manager should be able to fly through it … it creates accountability…"
For Body Corporate Managers, Deryck sheds light on critical matters such as:
  • The difference between the giving of legislative information vs legal advice
  • The need to refer matters to suitable professionals to navigate the multitude of issues that come across a BCM’s desk;
  • Honing BCM service delivery models such as the segregation of duties and the need to be a “conduit” to other specialised professionals;
  • The need for formal accreditation and a licensing regime in Queensland to ensure the further growth of the profession and a firm pathway into the profession.
 
Deryck talks about the seismic changes in Body Corporate Management in recent years and how information and education have begun to formalise a professional career, however, discrepancies, from a national level, pose challenges to creating consistency, uniformity in terminology, and promoting national standards and the delivery of strata services.  Remarks are made on the diversity of stakeholders in Queensland and the changing service proposition for consumers, including the homogenising and specialising of providers to meet the ever-growing scope of the BCM’s role.
 
Deryck also reflects on the burdens on BCMs in meeting client expectations and delivering high levels of service against sustainability concerning BCM staffing, financial viability and appropriate charging for that service.
 
Deryck’s contact details:
 
Email: [email protected]
Phone: 03 9925 3098
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    Hosted by

    Marc J. Mercier, the author of the textbook, Body Corporate Law in Qld

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