Question: I require information on appointing a new Strata manager before the 12 month contract period is up. Our Strata manager rarely replies to emails and seldom ever replies to messages whether they are left on their mobile or sent via email.
Answer: Your ability to end your existing contract with your current strata manager depends entirely on the terms and conditions of the contract, the requirements of the strata legislation and the specific facts and circumstances of your situation.
On the assumption you are bound by the standard SCA agreement, you can only terminate the agreement 1. With the mutual consent of the agent or 2. In case of breach of the agreement, and the agent failing to remedy that breach within 28 days after the owners corporation having served written notice on the agent providing particulars of that breach.
In case of the latter, termination of the management agency may only occur if authorised by a resolution of the owners corporation at a general meeting.
You will need very specific evidence of breach and clear evidence that the agent has failed to remedy it.
In the circumstances you describe and even if you issued a notice of breach, if the agent responded to your emails and phone calls, the breach would essentially be remedied and you would have no grounds on which to terminate.
For the full Q&A and more information, view the original publication at Look Up Strata. Feel free to contact us with questions specific to your property or development.
This article is for general information purposes and is not a substitute for legal advice.