Company Title Owners FAQs
- What is Company Title?
Company title is governed by the Corporations Act 2001 (Cth) and the company’s constitution — not the Strata Schemes Management Act 2015 (NSW).
Under company title, you do not own your apartment as a separate lot on a strata plan.
Instead:
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You own shares in a company that owns the building.
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Those shares give you the right to occupy a specific apartment.
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Your rights are governed by the company’s constitution and occupancy agreement.
The building is managed by a Board of Directors, not an Owners Corporation.
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- What is the role of the Board of Directors?
The Board of Directors is responsible for managing the company and the building.
This typically includes:
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Approving sales and transfers of shares
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Approving new occupants or tenants
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Setting levies (often called contributions)
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Arranging repairs and maintenance
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Enforcing house rules
Directors have fiduciary duties under the Corporations Act and must act in the best interests of the company.
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- What does the Managing Agent do?
The Managing Agent is appointed by the Board to assist with administration.
This may include:
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Financial management and contributions.
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Record keeping.
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Coordinating repairs.
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Insurance administration.
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Assisting with meetings.
The Managing Agent acts on instructions from the Board of Directors.
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- How are levies calculated?
In company title buildings, levies are usually based on:
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Share allocatio.n
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Apartment size.
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Historical allocation formulas.
The Board prepares a budget and determines the required contributions to cover:
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Insurance.
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Utilities.
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Cleaning and maintenance.
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Repairs.
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Professional services.
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- What happens if I don’t receive my levy notice?
Contributions are payable in accordance with the Board’s resolution.
The obligation to pay is not dependent on receiving a notice.
Shareholders must ensure their contact details are current and contact the Managing Agent if a notice has not been received.
Failure to pay contributions may result in interest charges or recovery action in accordance with the company’s constitution.
- Do I need approval to sell my apartment?
Yes.
In company title buildings, the transfer of shares typically requires:
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Board approval.
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Submission of purchaser references.
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Financial checks.
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An interview with the Board.
The Board may have discretion to approve or decline a proposed purchaser in accordance with the constitution.
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- Can I rent out my apartment?
Unlike strata, company title buildings often have strict controls on leasing.
Some buildings:
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Prohibit leasing entirely
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Limit leasing
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Require Board approval
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Require minimum lease terms
You must obtain written approval before leasing unless the constitution provides otherwise. Leasing restrictions are determined by the company’s constitution and may be significantly stricter than strata schemes.
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- Do I need approval to renovate?
Yes — in almost all cases.
Because the company owns the entire building structure, renovations often require:
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Board approval.
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Detailed plans and specifications.
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Contractor insurance documentation.
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Compliance with building and council requirements.
Before commencing any works, you'll need writted approval.
To start the application process, please click here.
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- What is considered common property in company title?
Technically, the entire building is owned by the company.
Shareholders have exclusive occupation rights to their apartments, but:
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Structural elements.
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External walls.
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Roof.
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Services.
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Common areas.
are controlled by the company and maintained collectively.
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- Can the Board enter my apartment?
The constitution usually allows the Board or its contractors to enter apartments:
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To inspect building systems.
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To carry out repairs.
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In emergencies.
Entry rights are governed by the company’s constitution and occupancy agreement. There is no uniform statutory framework like strata legislation.
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- What happens if a shareholder breaches the rules?
The Board may:
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Issue written notices
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Impose conditions
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Seek legal enforcement
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Take action under the constitution
In serious cases, legal remedies may be pursued under the Corporations Act.
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- Is company title different from strata title?
Yes.
Key differences include:
Strata Title Company Title Governed by Strata Schemes Management Act Governed by Corporations Act & Constitution You own your lot You own shares Owners Corporation Board of Directors More standardised legislation Greater building-specific control Sale cannot usually be unreasonably refused Board approval often required
- Why do lenders treat company title differently?
Some banks are more cautious with company title because:
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Shares are transferred rather than property title.
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Board approval is required.
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There may be leasing restrictions.
Finance approval should always be confirmed before entering into a contract.
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- How are disputes handled?
Disputes are generally handled:
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Internally by the Board.
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Under the company constitution.
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Through legal processes under the Corporations Act if necessary.
Disputes are handled in accordance with the company constitution and corporate law. Unlike strata schemes, disputes are not generally determined by NCAT.
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- Do I pay land tax on a company title unit in NSW?
Yes — company title ownership is treated differently from strata title for land tax purposes in NSW.
Because you own shares in a company that owns the land (rather than owning a strata lot directly), Revenue NSW attributes a proportion of the land value of the property to each shareholder based on their shareholding.
This means:
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Each shareholder may be individually assessed for land tax on their portion of the land value.
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The principal place of residence exemption may apply, but eligibility depends on your circumstances.
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Investors are generally liable for land tax if thresholds are exceeded.
Land tax obligations are determined by Revenue NSW and are separate from the building’s internal levies or contributions.
Shareholders should seek independent financial or taxation advice to understand their specific position.
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- How do I order a spare key, access fob or remote?
All requests for spare keys, security fobs, access cards or garage remotes must be submitted through our online request form.
For security and record-keeping purposes, we do not process key or device requests by phone or general email.
Please click here to submit your request.
When submitting your request, please ensure:
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You provide the correct building address and unit number
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Your contact details are current
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You confirm whether you are an owner or tenant
Tenants may be required to obtain landlord or managing agent approval before a device is issued, depending on the building’s rules.
All devices are issued in accordance with the building’s security procedures and applicable approvals.
Devices will not be released without proper identification and any required approvals.
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