The Strata Committee
Each year around June there is an Annual General Meeting of the
Owners Corporation, where we vote on the budget, elect members
of the Strata Committee (SC), who do the work voluntarily, and
vote on any motions proposed by lot holders. Nominations are
open for council membership at AGM. The Strata Committee meets
about every three weeks throughout the year. All of these
arrangements are governed by Strata Title legislation. Minutes
of recent SC meetings and AGM’s are sent to owners by post or
email. SC meeting dates and times are written up on the
blackboard at the front gate in advance.
Billen Cliffs now also employs a managing agent -
Curtis Strata (02) 6645 8666.
Welcome to new lot owners
take this opportunity to welcome you as a new or prospective
owner and it may be helpful for you to know a little about us
and the services we perform on behalf of all lot owners as the
strata committee of your owners corporation.
Please take time to read the following as we sincerely wish to
assist in avoiding any inconvenience or adverse impact upon you
in relation to your ownership of your strata title lot here at
One of the major differences between owning a house and owning a
unit (known as a “lot”) in our strata scheme is that there is
common property and buildings which require maintenance and
upkeep. As it is common property, the individual lot owner is
not able, without permission of the owners corporation, to
alter, renovate or damage these areas - including the removal of
established trees. In effect, in most strata schemes or 'flats',
the lot owner owns the inside of the unit but not the main
structure of the building. In our case we have 500 acres of
shared bushland to look after, as well as a cemetery, quarry,
fire shed and several community buildings.
Here we list some information which we feel will be of
assistance with regard to owning and occupying a unique strata
title property here at Billen Cliffs Village.
The strata plan of your community is managed by the Strata
Committee, elected each year at the Annual General Meeting. This
means that everything outside your lot is maintained, repaired,
replaced or renewed by the owners corporation (the name given to
the group comprising all the unit owners in Billen Cliffs).
As a lot owner you are required to:
Insure the contents of your own
property, particularly residences, sheds, solar panels, carpets,
blinds, curtains, tanks, wallpaper, light fittings, brush
cutters, mowers, pumps, public risk and all items installed by
you which are not covered by any of the owners corporation
insurance policies. The communal buildings and assets on the
community are insured by the owners corporation. If you choose
not to insure your own property, the owners corporation cannot
be held liable for any loss incurred.
Not alter, damage or deface any structures or
vegetation that form part of the common property without the
approval in writing of the owners corporation. (By-law 5)
Not carry out a major structural alteration or
construction without firstly providing a written
notice describing the proposed alteration. Under the Strata
Schemes Management Act 1996, Sec 116 (2), the owner of a
lot must not alter the structure of the lot without giving to
the owners corporation, not later than 14 days before
commencement of the alteration, a written notice describing the
If you seek permission to carry out any major structural work,
you must firstly produce to the Executive Committee a structural
engineer’s report confirming there will be no damage to or use
of common property or other units. You must also obtain the
written approval of the owners corporation and comply with any
conditions imposed prior to commencement of the proposed works.
Prevent noise transmission from your unit by
insulating or otherwise muffling any generator or equipment use
to an extent sufficient to prevent the transmission of noise
likely to disturb the peaceful enjoyment of the owner or
occupier of another lot. (By-law 2)
Pay levies, which fall due each quarter. These
are payable towards community road and building maintenance,
insurance, external power, slashing, taxation, accounting,
postage, building improvements and fire prevention. Levy notices
will be mailed to you approximately two (2) weeks before the due
date for payment. Please note that levies can only be paid in
accordance with the instructions printed on the levy notice and
cannot be paid at our office. Receipts for levies paid are noted
on the next levy notice. Levies can be paid by electronic
banking or deposit book with Commonwealth Bank. Contact the
current Treasurer for details. It is your responsibility to
notify our office, in writing, if for any reason you do not
receive a levy notice within 3 months of the date of this
correspondence and regular levy notices quarterly thereafter.
Pay interest on overdue levies. Please note that
contributions are due on the first day of the quarter and a
contribution, if not paid at the end of one month after it
becomes due and payable, bears until paid simple interest at an
annual rate of 10%; this penalty interest rate is applied in
accordance with the Strata Schemes Management Act 1996
and the EC has no power to reduce or waive it. Failure to notify
the EC of non-receipt of levy notices is not accepted as a valid
excuse for non-payment of regular quarterly levy contributions.
We recommend you diary ahead to expect a regular quarterly levy
notice every 3 months. Should you fail to receive a regular
quarterly contribution levy notice by the due date, you must
contact the Treasurer in order that the EC may reconfirm your
current mailing address and issue you with a replacement levy
notice immediately. In this way you will avoid any late payments
incurring interest and your owners corporation’s other costs
associated with recovery of unpaid levy contributions. It is
extremely important that you understand your levy contributions
must be paid promptly in order to avoid additional costs.
Furthermore, payments must be received at least 3 working days
prior to the end of the month in which the payment falls due to
ensure interest is not charged to your lot account.
Pay legal fees and expenses incurred by the
owners corporation in recovering your regular quarterly levy
contributions and any additional levy contributions that remain
unpaid at the end of one month after becoming due and payable.
Report damage to any common property to us
immediately such as water leaks through walls and ceilings,
breakage of fixed glass in communal buildings and damage to
roads or ecological damage so we may minimise any further damage
and arrange to have repairs carried out promptly.
Give notice of leases or subleases in accordance with
Section 119 of the Strata Schemes Management Act 1996,
which requires all owners who lease their units to give a
written notice to the owners corporation stating;
- the name of the lessee;
- the date on which the lease commenced; and
- the name of any agent acting for the owner in respect of the
The notice must be given within 14 days after the lease
commences. In this section, lease includes any sublease. If you
need a form to give notice under Section 119 please let us know
and please note the Act provides a financial penalty for
Give written notice of change of address for service
of notices in accordance with Section 118 of the Strata
Schemes Management Act 1996 which also provides that an
Australian address must be provided for service of notices.
Comply with the by-laws currently in force. Please
note that our strata scheme has amended the standard by-laws and
created additional special by-laws. If you require a copy of any
amended by-laws or additional special by-laws applying to this
strata scheme please contact our office and we shall provide
such information for an additional fee as prescribed by the Strata
Schemes Management Act 1996.
Furthermore, please kindly note the following:
Change of address
If your address on our records is incorrect you should
immediately notify Curtis Strata in writing to
PO Box 551, Yamba NSW 2464. We cannot legally
change your address for service of notices unless you notify us
in writing of any such change.
Quarterly levy notices
Within the next three months a levy notice will be sent to you
for your first instalment of quarterly levies.
We strongly recommend you provide us with, in writing, your
home, mobile, work telephone numbers and email address in order
that we may contact you in the case of any emergency involving
your lot. Be aware, if we are unable to contact you urgently,
you may be exposed to unnecessary financial loss from delays
suffered as a result of not providing us with your contact
Any complaints regarding the strata scheme should be made in
writing to the Secretary of the Owners Corporation. Once
received, your complaint will either be attended to forthwith or
tabled at the next meeting.
Correspondence and notices to the owners corporation should be
forwarded to : The Secretary, Billen Cliffs Strata
Committee, PO Box 9051, Rock Valley NSW 2480.
Alternately you may present them in person at any EC meeting or
to Curtis Strata.
Books and records of the strata scheme may be inspected by you
or any other person authorised by you. You must arrange an
appointment to do so at the EC office and such books and records
will be made available.
The Strata Schemes Management Act, 1996 is a lengthy
piece of legislation containing no fewer than 248 sections and 4
schedules and the Strata Schemes Management Regulation,
1997 consists of a further 39 pages, thus by
abbreviating them into these pages, this information cannot be
100% correct for all strata plans, especially our unique
You may like to view the relevant legislation at www.austlii.edu.au
and we suggest that you obtain a free copy of the Strata
Living booklet from the Department of Fair Trading -
Strata Titles Information, who provide free brochures and
telephone assistance on 9229 6122 or www.fairtrading.nsw.gov.au
We look forward to a long and happy association with you and are
happy to make available, both for your information and in
compliance with the strata legislation, a copy of the minutes of
the last General Meeting held for Billen Cliffs strata scheme.
The Strata Committee
Billen Cliffs Village