Did you know? Alpine apart­ments are not part of a body cor­po­rate

Mt Hotham Falls Creek - - FRONT PAGE - By DAN FLYNN and TESS HAUSER

WE of­ten hear people on the moun­tain re­fer­ring to their apart­ment build­ing as a ‘Body Cor­po­rate’ or ‘Own­ers Cor­po­ra­tion’. These terms mean the same thing.

How­ever, Alpine apart­ment build­ings (mostly) are not Own­ers Cor­po­ra­tions un­der the law.

This means Alpine apart­ment man­agers are not re­quired to ad­here to the obli­ga­tions pro­vided by each state’s Own­ers Cor­po­ra­tion leg­is­la­tion.

It may also mean that own­ers of in­di­vid­ual apart­ments are not re­quired to com­ply with leg­isla­tive con­trols.

In prac­tice, Alpine apart­ments be­have like Own­ers Cor­po­ra­tions.

Sim­i­lar obli­ga­tions that are im­posed on Own­ers Cor­po­ra­tions by statute are im­posed on Alpine com­pa­nies – of­ten cre­ated for the sole pur­pose of hold­ing the Head Lease and man­ag­ing the apart­ment build­ing – by the Com­pany Con­sti­tu­tion or Apart­ment Rules.

So, if you ever have a Body Cor­po­rate is­sue, don’t be fooled into head­ing for your state’s Strata or Own­ers Cor­po­ra­tion leg­is­la­tions.

We can ad­vise or as­sist with en­quiries or dis­putes con­cern­ing alpine apart­ments.

1. Method of Own­er­ship

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