The Commission of Strata Corporations is committed to offering efficient, timely and customer focused service to all members of executives of Strata Corporations, proprietors and the public at large, whilst ensuring conformity with the Registration (Strata Titles) Act, through the service of a motivated and committed staff.
An efficient, effective and customer oriented Commission of Strata Corporations conveniently located in all three counties, thus offering a speedy response to all service requests from the community of Strata owners.
Brief Description of Service
The Commission of Strata Corporation has two operational arms which are as follows:
Administrative Arm – this Section receives applications, prepares certificates, prepares Board papers and communicates with the client.
Investigative Arm – the division operates in the field gathering evidence and ensuring that the Registration (Strata Titles) Act is conformed with.
The following is a list of the services that are offered by the Commission of Strata Corporations:
- initial registration of Strata Corporations;
- issuing of certificates of registration;
- annual registration of Strata Corporations;
- issuing of annual certificates of registration;
- investigation of complaints;
- issuing of certificates authorizing Corporations to exercise power of sale;
- mediating where there are disputes between members of executive of Strata Corporations and proprietors or between proprietors;
- where there is a contravention of by-laws, the Commission may issue orders to ensure that this breach is corrected,
- where it is derived that interest charged or maintenance fees charge is excessive, the Commission may issue orders to overturn or vary these;
- issuing an order to ensure that an Annual General Meeting is held or actually arranging the AGM itself where the corporation is non-functional;
- any other service that the Commission needs to perform whilst monitoring, regulating and supervising Strata Corporations.
Functions of the Commission of Strata Corporations
- Monitor, regulate and supervise the functioning of Strata Corporations;
- Keep or cause to be kept a register of such Corporations;
- Provide for the mandatory registration of each Strata Corporation with the Commission and the submission of annual financial statements and reports by each strata corporation;
- Facilitate the resolution of disputes, in particular, those between a Corporation and a proprietor
- Consider complaints from proprietors that the amount of contribution levied under section 5(2)(b), is unreasonable or inequitable
- Enforce the by-laws
- Provide for the procedure to be followed where a proprietor fails, neglects or refuses to pay contributions to the Corporation
- Give the Strata Corporation a certificate authorizing the Corporation to exercise a power of sale in respect of a strata lot where a proprietor defaults in the payments of contributions to the Corporation
- Enable the Commission to hold an Annual General Meeting where the Strata Corporation is not functioning
- Establish a Strata Appeals Tribunal to hear appeals and adjudicate on matters affecting the administration and management of strata properties
make orders concerning:
(i) demolition of unauthorized extensions and removal of illegal structures, vehicles or other things
(ii) the varying the interest rate that is payable on outstanding contributions
(iii) removal of animals from the strata lot or common property
(iv) The varying of contributions, where they appear to the Commission to be excessive or inadequate
- (i) The declaration that a resolution passed by the Corporation shall have no effect where the voting rights of a proprietor have been compromised
(ii) the holding of an Annual General Meeting for the election of officers and
- Make enquires and collect such information as it may consider necessary or desirable for the purpose of monitoring, regulating and supervising the functions of corporation
The purpose of the Strata Appeals Tribunal is the hearing of appeals.
- Persons aggrieved by the decision of the Strata Corporation/Commission may appeal to the Tribunal
- The Tribunal may allow the appeal and set aside or vary the decision of the Corporation or the Commission
- The Tribunal may dismiss the appeal and confirm the decision of the Corporation or the Commission
- Orders made by the Tribunal will be lodged with the Clerk of Courts and treated as if made by the Resident Magistrate’s Court
- Costs of appeal proceedings may be recovered from the unsuccessful party
- Matters for hearing must be submitted through the Commission;
- The Tribunal may also adjudicate upon matters affecting the administration/management of strata properties referred to it by the Corporation, proprietor or the Commission
- A decision made by the Tribunal shall be binding on the parties to the appeal
- A person who fails to comply with a decision or order of the Tribunal shall be guilty of an offence and liable to a fine not exceeding one million dollars ($1,000,000.00) on summary conviction in a Resident Magistrate’s Court’s.