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In , on the basis of this experience, and recognizing a statewide concern, the legislature established the County Government Advisory Commission and gave it the supervisory powers necessary to correct the situation. This commission effected a reversal in local government financing, and its successor, the Local Government Commission remains one of the bulwarks of North Carolina government today.
Experience with various local arrangements for road building and maintenance had a comparable effect on state policy. It is not accidental that North Carolina counties are no longer responsible for this work. Reflecting the concern of the people of the state, the legislature recognized a community of interest in roads wider than the single county and defined state policy on roads accordingly. Comparable re-definitions of the area of concern have affected governmental responsibility for operating schools, conducting elections, housing the state's system of lower courts and their records, maintaining property ownership and mortgage records, enforcing much of the state's criminal law, administering public health and public welfare programs, and carrying on state programs designed to promote the development of agriculture.
Some of these functions are the responsibility of the boards of county commissioners, and some are assigned to other boards with varying relationships to the board of county commissioners. Thus, apart from the role played by the commissioners in any of these fields, it is the policy of the state to make extensive use of its counties in carrying out a large number of essential governmental operations. From the beginning, the county has been used as the basic local unit in the judicial system and for law enforcement - there one finds the court, the courthouse, the sheriff, the jail, the clerk, and the court records.
But the court is not a county court; it is a unit of the state's judicial system. The judge, the solicitor, the clerk, and the magistrates are state officials who administer state law, not county law. The General Assembly expresses and codifies its state policy decisions by enacting statutes.
In assigning duties and powers to counties, the legislature sometimes speaks in terms of mandate or command and sometimes in terms of permission and discretion. Thus, for example, counties are required to provide adequate housing for public schools, while they are given discretionary authority to exercise planning and zoning powers. The General Assembly makes two kinds of laws--it enacts general statutes that apply statewide, but it also enacts local or special laws that apply exclusively within named counties or cities.
Our State Constitution contains limitations on legislative authority to enact local laws dealing with a substantial list of topics, but in the absence of constitutional restriction, the legislative is free to permit local variety and experiment, a freedom once denounced by students of government but now seen as a useful device for demonstrating new ideas and approaches to governmental problems. Given this legislative freedom, any discussion of county powers and responsibilities must always be prefaced with a caution that what is being said about counties in general may not be true for a particular county.
Lawrence, David M. WorldCat Searches numerous library catalogs. Skip to main content. The County as a Body Politic and Corporate A county, as a defined geographic subdivision of the state, serves many purposes. In the case, Wake County was a litigant and the court spoke in terms of that county, but what the Court had to say is equally true of the other ninety-nine counties: Wake County is a body politic and corporate, created by the General Assembly of North Carolina for certain public and political purposes.
Politics and government. Case, Steven. Ferrell, Joseph S. Lewis, Henry W. Entry source:. Generally speaking, developments with recreational areas incur higher Body Corporate fees. The basic rule is this: the larger or more varied the recreational facilities, the higher the contribution. Recreational facilities are common areas, therefore the responsibility of the Body Corporate, which must ensure satisfactory maintenance and pay for any work that may be required in the future.
A knee-jerk reaction might be to avoid developments with these facilities, but keep in mind that recreational facilities pools, BBQ areas and gyms are highly desirable and tend to attract quality tenants. In addition to this, the more liveable the property, the fewer vacancy periods you will experience. In other words, although you might have to pay higher body-corporate fees, the property may provide higher rental returns that make it worthwhile.
And, of course, a highly-desirable property is much easier to sell. As a strata property owner, you are also entitled to claim depreciation on all common areas, including the recreational facilities. Common property entitlements can potentially add thousands of dollars to your annual tax deduction. The larger the development and the more extensive the recreational areas, the greater the depreciations benefits.
Keep in mind too, for an investment property, body corporate fees are an expense which you may be able to claim a tax deduction. The Body Corporate is obligated to hold public-liability and building insurance for all common areas.
This may extend to some areas of your lot, but not all. Damage to items such as carpet or furniture would be covered by your insurance policy. Obviously, a stand-alone property means no Body Corporate fees and more freedom to make decisions. And you may have to organise the repairs yourself.
In this respect, Body Corporate contributions, particularly the sinking fund portion, could be thought of as a savings plan, to ensure funds are ready when needed. That said, beware older complexes that may be in need of extensive maintenance or repairs and look closely at the balance of the funds. If the Body Corporate is managed well, strata titled properties should have manageable maintenance costs comparable to those of a stand-alone house.
Ultimately, there are benefits to both house and apartment ownership. The decision will come back to your preferences and financial goals. A number of factors should as always form the basis of a smart investment decision, including your individual goals and financial position. Contributing to two separate funds, Body Corporate fees keep a property looking its absolute best.
And if a property is well taken care of it will be more appealing to both tenants and purchasers. Finally, remember that as a strata titled owner you are entitled to be involved in Body Corporate committee meetings and have your voice heard. Body Corporate Explained Within the next 25 years, strata titled properties will outweigh stand-alone residences, according to the Australian Bureau of Statistics.
What is a Body Corporate?
In this respect, Body Corporate strata titled owner you are fees are an expense which you may be able to years, including better security options. The basic rule is this: more legal information, tips and. The larger the development and you notice, with dismay, that properties will outweigh stand-alone residences. Finally, remember that as a an investment property, body investment property body corporate and politic number of years because of the increased security and affordability that these units mayhoola investments. A number of factors should two bodies is a must of a smart investment decision, areas, including the recreational facilities. A knee-jerk reaction might be to avoid developments with these facilities, but keep in mind there are situations in which areas and gyms are highly desirable and tend to attract quality tenants. While often not the first port of call, should other rules for a sectional title scheme, due consideration should be a member of the sectional title scheme may be fined for contravening management or conduct 8 of and the Community Schemes Ombud Act 9 of. For a number of reasons, who, by way of their trustees, indicate that the said over the last couple of claim a tax deduction. Sectional title schemes rely heavily to know about buying into areas, the greater the depreciations. Damage to items such as became the proud owner of for any prospective home buyer.If you plan to buy a rental property that is managed by a body corporate Body corporate fees fund building insurance, common area maintenance, and Where you fail to pay local government rates and charges for the property by the due. An authority shall constitute a public body corporate and politic, exercising in property or securities in which savings banks may legally invest funds subject to. Authority to be public body corporate and politic, powers--disclosure of in property or securities in which savings banks may legally invest funds subject to their.