CPPDSM4034
Negotiate and implement strata community management agreement


Application

This unit of competency specifies the outcomes required to effectively assess and implement a strata community management agreement. It requires the ability to negotiate the implementation of the agreement, and monitor and review the implementation process.

This unit of competency applies to those involved in assessing and implementing strata community management agreements. 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.


Elements and Performance Criteria

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.

Determine functions and obligations of strata manager.

1.1.

Legislative, ethical and procedural requirements relevant to strata community management services are identified.

1.2.

Fiduciary duties are identified and disclosed in strata community management agreement.

1.3.

Procedures for appointing and terminating the manager are identified and disclosed in strata community management agreement.

1.4.

Registration or licencing requirements with appropriate authorities are identified and complied with.

1.5.

Record management systems are maintained.

1.6.

Execution procedures for strata community management agreement are identified.

2.

Determine functions and obligations of the strata community.

2.1.

Owners’ responsibilities and accountabilities are identified and disclosed in strata community management agreement.

2.2.

Fiduciary duties of strata community and its owners committee are identified and disclosed.

3.

Negotiate strata community management agreement requirements.

3.1.

Functions and obligations of strata managers and owners are detailed in strata community management agreement.

3.2.

Owners’ responsibilities, management fees and services are negotiated and agreed.

3.3.

Additional services are agreed according to strata community management agreement and budget allocations.

3.4.

Conflicts of interest are identified and disclosed.

3.5.

Strata community management agreement is reviewed to establish obligations, service and termination requirements.

3.6.

Delegations are identified.

4

Implement strata community management agreement.

4.1.

Strata community management agreement is agreed and entered in to according to legislative requirements.

4.2.

Record management system is maintained in relation to agreement.

4.3.

Obligations of strata manager and strata community are monitored and complied with.

5.

Review and report on operation of strata community management agreement.

5.1.

Agreement implementation processes and outcomes are reviewed.

5.2.

Recommendations for improving processes are identified.

5.3.

Report on implementation of strata community management agreement is prepared and distributed to strata community.

5.4.

Strata community management agreement is revised to take into account review outcomes.

6

Terminate strata community management agreement.

6.1.

Legislative, contractual, ethical and procedural requirements relating to terminating strata community management agreement are identified.

6.2.

Procedures for handing over strata community records to new manager or owners committee are identified and implemented.

6.3.

Procedures for transfer of strata community funds to new manager or owners committee are identified and implemented.

Evidence of Performance

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:

negotiate one strata community management agreement

implement one strata community management agreement

review one strata community management agreement

terminate one strata community management agreement.

In doing the above, the person must:

establish and negotiate strata community management agreement requirements

implement and monitor a management agreement for a strata community

apply knowledge of organisation’s practices, ethical standards and legislative requirements associated with implementing strata community management agreements

maintain records associated with above work

review and report on agreement implementation processes and outcomes.


Evidence of Knowledge

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

administration of property strata plans

business law relating to contracts and property management

financial management in relation to budgeting and bookkeeping

limitations of own work role, responsibilities and professional abilities

management of administration and sinking funds

work health and safety (WHS) issues and requirements

organisational and professional procedures relating to strata community management agreements

social and ethical practices and business standards relating to strata community management agreements

key requirements of federal, state or territory legislation and local government regulations relating to:

anti-discrimination

consumer protection

environmental issues

equal employment opportunity (EEO)

financial probity

franchise and business structures

industrial relations

privacy

strata community

WHS

risk management processes and procedures relating to strata community management agreements, including required insurances

use and application of statutory forms in strata community management.


Assessment Conditions

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

equipment:

computer system with internet, email and printing facilities

specifications:

organisational policies and procedures for establishing and implementing management agreements for strata communities

management agreement for a strata community

source documentation or access to source documentation relating to management of a strata community

physical conditions:

access to a strata community

relationship with team members and supervisor:

member of a work team involved in managing a strata community.

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.


Foundation Skills

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria.

Skill

Performance feature

Learning skills to:

maintain current knowledge of strata community management procedures.

Oral communication skills to:

ask questions to clarify client service requirements relating to the implementation of strata community management agreement.

Reading skills to:

read and interpret complex business documentation, including strata community management agreements.

Writing skills to:

prepare complex written reports to strata community.

Technology skills to:

use business technology to prepare, store and retrieve strata community management agreement documentation.


Range Statement

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.

Record management systems must include at least five of the following:

administrative and sinking funds

ballots

bookkeeping accounts

budgets

building maintenance reports

by-laws

contracts and agreements

correspondence

disclosures

fee for service

income tax returns

insurance

investments

leases and licences

levies

maintenance plans

meeting management

notices and orders served on owners committee

register of owners

renewal dates of contracts

repairs

valuations.


Sectors

Property services


Competency Field

Strata community management