Whitsunday Terraces Body Corporate

The formal name of the scheme is Whitsunday Terraces Community Titles Scheme 28662. According to the Body Corporate and Community Management Act 1997 (BCCM) the members of the body corporate for a community titles scheme are the owners of all Lots included in the scheme.

The Body Corporate must (a) administer the common property and body corporate assets for the benefit of the owners of the Lots included in the scheme; and

(b) enforce the community management statement (including any by-laws for the scheme); and

(c) carry out the other functions given to the body corporate under this Act and the community management statement.

The body corporate must act reasonably.

Not Body Corporate

The Body Corporate must not carry on a business, such as being a letting agent, a tour operator, or a restaurant owner.

This means the day to day operation of the business of letting rooms and maintaining the Whitsunday Terraces resort is handled by the Resort Manager, who holds the Letting agreement and also the Caretaking agreement. The letting agent has an exclusive right to make on-site lettings of lots. The caretaker handles cleaning, gardening and maintenance.

The Whitsunday Terraces bar and restaurant are also owned and operated by an independent business.

Whitsunday Terraces Body Corporate committee

The Body Corporate committee are Lot owners who volunteer to serve on the committee that acts on behalf of the body corporate. In the unusual event there are more volunteers than positions, an annual election is held, and the Lot owners vote for the committee positions. Given it is a lot of work for no pay, there is generally a shortage of volunteers.

See the role of the committee. To learn more, online training regarding the body corporate committee is available.

Body Corporate Manager

Most Body Corporate committees for larger schemes contract the handling of accounting and secretarial duties to a professional Body Corporate Manager such as Strata Vision Group Body Corporate Management (as at March 2011).

The Body Corporate Manager until March 2011 (from at least 2003) was Ernst Body Corporate Management. I think the individual we dealt with was initially Alan Buckle, followed by Michael Ryall until the end of 2008, and then Peter Bone.

To quote the BCCM: A person is a body corporate manager for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) to supply administrative services to the body corporate, whether or not the person is also engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.

Common Property

Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, according to the BCCM. This means parking areas, pools, spas, barbecues, walking paths, stairways, gardens. These areas are available for the use of all Lots, and the costs are shared between all Lots.