Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

CPPDSM5039 Mapping and Delivery Guide
Meet legal requirements in managing strata communities

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency CPPDSM5039 - Meet legal requirements in managing strata communities
Description
Employability Skills
Learning Outcomes and Application This unit of competency specifies the outcomes required to comply with the legal requirements associated with managing strata communities. It includes identifying legal requirements; complying with relevant legislation, codes and regulatory requirements, and administering contracts for providing and/or procuring goods and services.The unit supports the work of those involved in managing strata communities. It applies to strata managers.Licensing, legislative, regulatory or certification requirements apply to this unit in some States and Territories. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

The following must be present and available to learners during assessment activities:

equipment:

computer system with internet, email and printing facilities

physical conditions:

access to professional associations, networks and peer support activities

specifications:

relevant legislation and associated regulations

workplace policies and procedures on compliance with legislation, including procedures for dealing with non-compliance

supervisor:

member of a work team in a property industry context.

Assessor requirements

As a minimum, assessors must satisfy the assessor requirements in the Standards for Registered Training Organisations (RTOs) current at the time of assessment.
Prerequisites/co-requisites
Competency Field Strata community management
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Identify legal requirements associated with managing strata communities.
  • Reliable sources of information are identified and accessed to ensure that knowledge of legislation and regulations applying to strata communities is current, comprehensive and relevant.
  • Professional relationships and networks are established and maintained to facilitate personal awareness of legislation and regulations relevant to managing strata communities.
  • Applicable legislation and regulations are identified and their relationship to work practices is established.
       
Element: Comply with legislation, codes and regulatory requirements.
  • Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities.
  • Duties and obligations of strata manager, lot owners and owners committees in relation to compliance with legislative and regulatory requirements are identified and communicated to relevant parties.
  • Legal documents are identified, maintained and securely stored to ensure accessibility.
  • Compliance with legal and regulatory requirements is monitored.
  • Situations involving non-compliance with relevant legislative and regulatory requirements are reported and corrective actions are taken in line with organisational, strata community and legislative requirements.
       
Element: Administer contracts.
  • Duties and obligations of strata manager in relation to administration of contracts are confirmed.
  • Proposed contract is presented and terms and conditions are reviewed in consultation with strata community.
  • Risks associated with contract terms and conditions are identified and action to mitigate risks is determined.
  • Situations requiring specialist advice are identified and assistance is sought as required.
  • Instruction is taken from strata community on contract requirements.
  • Terms of contracts for provision of goods and services are negotiated with potential suppliers and contract documentation is updated as required.
  • Contracts are finalised ensuring that they are signed and exchanged between the relevant parties, and contract documentation is safely stored.
  • Performance of contractor is monitored and non- compliance is addressed and reported to strata community.
  • Plan for contract evaluation and renewal options are established.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal requirements associated with managing strata communities.

1.1.

Reliable sources of information are identified and accessed to ensure that knowledge of legislation and regulations applying to strata communities is current, comprehensive and relevant.

1.2.

Professional relationships and networks are established and maintained to facilitate personal awareness of legislation and regulations relevant to managing strata communities.

1.3.

Applicable legislation and regulations are identified and their relationship to work practices is established.

2.

Comply with legislation, codes and regulatory requirements.

2.1.

Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities.

2.2.

Duties and obligations of strata manager, lot owners and owners committees in relation to compliance with legislative and regulatory requirements are identified and communicated to relevant parties.

2.3.

Legal documents are identified, maintained and securely stored to ensure accessibility.

2.4.

Compliance with legal and regulatory requirements is monitored.

2.5.

Situations involving non-compliance with relevant legislative and regulatory requirements are reported and corrective actions are taken in line with organisational, strata community and legislative requirements.

3.

Administer contracts.

3.1.

Duties and obligations of strata manager in relation to administration of contracts are confirmed.

3.2.

Proposed contract is presented and terms and conditions are reviewed in consultation with strata community.

3.3.

Risks associated with contract terms and conditions are identified and action to mitigate risks is determined.

3.4.

Situations requiring specialist advice are identified and assistance is sought as required.

3.5.

Instruction is taken from strata community on contract requirements.

3.6.

Terms of contracts for provision of goods and services are negotiated with potential suppliers and contract documentation is updated as required.

3.7.

Contracts are finalised ensuring that they are signed and exchanged between the relevant parties, and contract documentation is safely stored.

3.8.

Performance of contractor is monitored and non- compliance is addressed and reported to strata community.

3.9.

Plan for contract evaluation and renewal options are established.

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also comply with the legislative and regulatory requirements associated with managing strata communities.

In doing the above, the person must source relevant legislation and regulations and apply this information to perform each of the following on behalf of a strata community:

check compliance with work health and safety (WHS) legislation

check compliance with the provisions of legislation applying to strata community

check that common property is managed in compliance with relevant legislation

administer a contract for works to be performed or services to be provided.

In doing the above, the person must also:

identify legal requirements associated with managing strata communities

comply with identified legislative and regulatory requirements

maintain knowledge of legislation impacting on strata communities

identify key provisions of contract law

administer contracts.

A person demonstrating competency in this unit must demonstrate knowledge of:

duties and obligations of strata manager, owners committee and lot owners in relation to compliance with legislative and regulatory requirements

key requirements of federal, state or territory legislation and local government regulations affecting strata communities

principles of contract law

relevant industry code of conduct

WHS issues and requirements.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal requirements associated with managing strata communities.

1.1.

Reliable sources of information are identified and accessed to ensure that knowledge of legislation and regulations applying to strata communities is current, comprehensive and relevant.

1.2.

Professional relationships and networks are established and maintained to facilitate personal awareness of legislation and regulations relevant to managing strata communities.

1.3.

Applicable legislation and regulations are identified and their relationship to work practices is established.

2.

Comply with legislation, codes and regulatory requirements.

2.1.

Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities.

2.2.

Duties and obligations of strata manager, lot owners and owners committees in relation to compliance with legislative and regulatory requirements are identified and communicated to relevant parties.

2.3.

Legal documents are identified, maintained and securely stored to ensure accessibility.

2.4.

Compliance with legal and regulatory requirements is monitored.

2.5.

Situations involving non-compliance with relevant legislative and regulatory requirements are reported and corrective actions are taken in line with organisational, strata community and legislative requirements.

3.

Administer contracts.

3.1.

Duties and obligations of strata manager in relation to administration of contracts are confirmed.

3.2.

Proposed contract is presented and terms and conditions are reviewed in consultation with strata community.

3.3.

Risks associated with contract terms and conditions are identified and action to mitigate risks is determined.

3.4.

Situations requiring specialist advice are identified and assistance is sought as required.

3.5.

Instruction is taken from strata community on contract requirements.

3.6.

Terms of contracts for provision of goods and services are negotiated with potential suppliers and contract documentation is updated as required.

3.7.

Contracts are finalised ensuring that they are signed and exchanged between the relevant parties, and contract documentation is safely stored.

3.8.

Performance of contractor is monitored and non- compliance is addressed and reported to strata community.

3.9.

Plan for contract evaluation and renewal options are established.

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Legislation and regulations applying to strata community must include:

anti-discrimination

banking and investment

building code

consumer protection and trade practices

contracts

equal employment opportunity (EEO)

electronic transactions

environmental issues

fencing

industrial relations

insurance

nuisance and trespass

privacy

residential tenancy

sale of property

swimming pools

taxation

water

work health and safety.

Duties and obligations must include:

expectations of different parties

legislative requirements of strata managers

maintaining records

maintaining up-to-date knowledge and sources of information on legislation relevant to strata communities

duty of care obligations

identifying and reporting potential conflict of interests

responsibilities with regard to communicating and reporting.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Reliable sources of information are identified and accessed to ensure that knowledge of legislation and regulations applying to strata communities is current, comprehensive and relevant. 
Professional relationships and networks are established and maintained to facilitate personal awareness of legislation and regulations relevant to managing strata communities. 
Applicable legislation and regulations are identified and their relationship to work practices is established. 
Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities. 
Duties and obligations of strata manager, lot owners and owners committees in relation to compliance with legislative and regulatory requirements are identified and communicated to relevant parties. 
Legal documents are identified, maintained and securely stored to ensure accessibility. 
Compliance with legal and regulatory requirements is monitored. 
Situations involving non-compliance with relevant legislative and regulatory requirements are reported and corrective actions are taken in line with organisational, strata community and legislative requirements. 
Duties and obligations of strata manager in relation to administration of contracts are confirmed. 
Proposed contract is presented and terms and conditions are reviewed in consultation with strata community. 
Risks associated with contract terms and conditions are identified and action to mitigate risks is determined. 
Situations requiring specialist advice are identified and assistance is sought as required. 
Instruction is taken from strata community on contract requirements. 
Terms of contracts for provision of goods and services are negotiated with potential suppliers and contract documentation is updated as required. 
Contracts are finalised ensuring that they are signed and exchanged between the relevant parties, and contract documentation is safely stored. 
Performance of contractor is monitored and non- compliance is addressed and reported to strata community. 
Plan for contract evaluation and renewal options are established. 

Forms

Assessment Cover Sheet

CPPDSM5039 - Meet legal requirements in managing strata communities
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

CPPDSM5039 - Meet legal requirements in managing strata communities

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: