Can an owners corporation replace a strata management agreement early?

By admin,

I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly accepted. There was no real discussion around the decision. The agreement was later sent to two committee members for signing. When I had a chance to take a close look at the MAA, I discovered the current agreement still had 12 months to run.

Can a strata manager still be liable despite a limitation clause?

By admin,

In reading many Strata Service Management Agreements (The Contract), I noticed most have a clause that says “The Agent is not liable to the Owner, including without limitation for breach by the Agent of this Agreement, (except as otherwise required by law..”

It all sounds like Strata Managers can do whatever they like and get away with it.

In reading this, I cannot think of any way the Agent can “breach” the contract.

Are there cases where Strata Management Agency breach the contract?

Is a written strata management agreement required in NSW?

By admin,

Is it a requirement under NSW strata legislation to have a signed agreement with a strata manager?

We have been on a month by month arrangement for the past few years. We’ve received an email indicating that we needed to sign a contract as a requirement of NSW strata legislation.

What happens if you don’t renew your strata manager’s contract?

By admin,

We are about to vote on renewing our current strata management company. If we vote 'no', are we required to find another strata manager?

There are motions from the previous meeting that won't be finished before this vote. If not renewed, is the current strata management team obligated to complete these repairs?

Can one lot owner appoint a new strata manager?

By admin,

Can one lot owner in a six lot strata scheme form a strata committee and then sign with a new strata management agency? Does that one owner hold the majority vote to do so? Can the one owner create the seal necessary under section 237 of the Strata Scheme Management Act to sign contracts on behalf of the owners corporation?

Upstairs leak damaged my ceiling: Who is responsible for the repairs?

By admin,

The Owner of the apartment above us has fixed a leak that was caused by their internal washbasin drain pipe leaking. The plumber came and created a hole in our ceiling during the repair.

Our bathroom ceiling now has cracks, the light fitting is coming off, we have rot & mould and the hole has not been repaired. I am quite concerned that the ceiling may fall. Who should be responsible for fixing the damage caused by the leak?

Is communal drainage overflow considered flooding under strata insurance?

By admin,

Is water ingress from communal drainage issues, in this case a faulty sump and pump, flooding? We've had issues as a result of stormwater overflow in a combination of water tanks that have overflowed from our next door neighbour. What is this classed as?

Water leak between units: Is it the owner’s responsibility or the owners corporation’s?

By admin,

In our 25 unit complex, there is water leaking between the open terrace of one lot and the inside unit of the lot beneath. The strata plan shows lot boundaries as 'median'.

The OC says this is a lot issue between the two lots concerning private property and as it is not common property, it is not their responsibility.

Neither lot owner's insurance will cover the damage. They site that the problem is a building issue and comes under the owners corporation’s strata insurance.

How do we resolve this?