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Evidence Guide: CPPDSM5039 - Meet legal requirements in managing strata communities

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

CPPDSM5039 - Meet legal requirements in managing strata communities

What evidence can you provide to prove your understanding of each of the following citeria?

Identify legal requirements associated with managing strata communities.

  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.
  2. Professional relationships and networks are established and maintained to facilitate personal awareness of legislation and regulations relevant to managing strata communities.
  3. Applicable legislation and regulations are identified and their relationship to work practices is established.
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.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Comply with legislation, codes and regulatory requirements.

  1. Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities.
  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.
  3. Legal documents are identified, maintained and securely stored to ensure accessibility.
  4. Compliance with legal and regulatory requirements is monitored.
  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.
Systems are established to ensure compliance with the legislative and regulatory requirements associated with managing strata communities.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Compliance with legal and regulatory requirements is monitored.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Administer contracts.

  1. Duties and obligations of strata manager in relation to administration of contracts are confirmed.
  2. Proposed contract is presented and terms and conditions are reviewed in consultation with strata community.
  3. Risks associated with contract terms and conditions are identified and action to mitigate risks is determined.
  4. Situations requiring specialist advice are identified and assistance is sought as required.
  5. Instruction is taken from strata community on contract requirements.
  6. Terms of contracts for provision of goods and services are negotiated with potential suppliers and contract documentation is updated as required.
  7. Contracts are finalised ensuring that they are signed and exchanged between the relevant parties, and contract documentation is safely stored.
  8. Performance of contractor is monitored and non- compliance is addressed and reported to strata community.
  9. Plan for contract evaluation and renewal options are established.
Duties and obligations of strata manager in relation to administration of contracts are confirmed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Instruction is taken from strata community on contract requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Plan for contract evaluation and renewal options are established.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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.

Required Skills and Knowledge

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.

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.

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.