Our strata manager has repeatedly failed to register our house rules. Can I serve the strata manager with a contract breach notice?
Our strata manager failed to register our house rules after our AGM. We brought them forward to the following AGM with some additions, and they were passed by the owners corporation again.
It has been approximately three months since our AGM and the rules have not been registered. We’ve served the strata manager notice that their tenure will not be extended after contract expiry.
As chair, can I serve the strata manager with a contract breach notice before the end of the contract?
Each contract varies slightly, so we strongly recommend the EC seek legal advice.
The executive committee (EC) is certainly able to issue a contract breach notice on the current manager of the complex, provided there has been a clear violation of the provisions of the contract in place, making sure that said contract is valid and signed.
Each contract varies slightly, so we strongly recommend the EC seek legal advice on this issue. If you decide to proceed with issuing a contract breach notice, this should be the subject of a motion at an EC meeting. Ensure the decision to proceed with issuing this notice is recorded in the minutes of the meeting.
Without knowing the intricacies of your current contract, I would not be able to point you in the direction of a certain clause that they would be in contravention of. Make sure the contract notes that this task is an additional duty of the manager allowed for in said contract.
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