A LookUpStrata reader wanted to know more about the implications of not having a licensed NSW strata manager. The reader wondered whether their contract which was signed with a licensed agency is still legally binding because the Strata Manager managing their building was not licensed.
These issues are governed by the Property Stock & Business Agents Act, 2002, (NSW). Given that the agency is licensed, the critical question is whether the manager has a “certificate of registration” under that Act. If not, the Strata Manager may be liable to a penalty of 100 penalty units and face disciplinary action by the Director General of the NSW Office of Fair Trading.
In summary, an employee does not need to have both a licence and a certificate of registration and registration is generally sufficient if the agency is licensed. Provided the Strata Manager is registered you will unlikely be able to terminate on this basis alone.
At Premium Strata we pride ourselves in the fact that all our senior strata managers are fully licensed. This helps guarantee the highest level of industry knowledge and the best possible service to our customers.
You can read the full question, and our detailed response by following this link.