What is the process for varying a strata management agency agreement? Is there anything within the agreement that cannot be varied at the request of the owners corporation?
A strata management agency agreement can be amended like any agreement.
Yes. Like any other agreement, a strata management agency agreement can be amended. I would suggest that you seek advice so that you can ensure that the amendment is valid and complies with the Strata Schemes Management Act 2015.
If your proposed amendment is to an existing agreement, the amendment will need to be in writing, signed by the strata manager and approved by resolution of the owners corporation at a general meeting.
If the proposed amendment is to a proposed strata management agency agreement, i.e. the owners corporation has not yet entered into the agreement, depending on which standard form agency agreement is being proposed, amendments may have to be done by way of addendum due to copyright issues.
Please note that strata managing agents will usually price their agency on the risk involved in managing a particular strata scheme. If you are removing or varying provisions which will increase the risk involved in managing the scheme or removing the strata managers protections, the fees will likely increase to reflect this.
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Matthew Jenkins is the General Manager and Partner at Bannermans Lawyers and a leading practitioner in strata and community title law. Before joining the firm in 2006, Matthew spent over ten years in the finance sector with major international companies. Admitted in 2008, he has developed extensive expertise across by‑law drafting, building compliance, management rights, dispute resolution, insurance, meeting procedures and complex title structuring. Matthew serves on the SCA (NSW) Board of Directors, is Chair of the Policy and Legislation Committee, and is a TAE40122 qualified trainer and assessor.
Qualifications
- Bachelor of Aviation (UNSW)
- Juris Doctor (UTS)
- Member of the Law Society (NSW)
- TAE40122 Certificate IV in Training & Assessment
Years of experience
- Over 18 years in strata and community title law (since 2006)
- Over 10 years prior experience in the finance sector
Authoritative mentions
- Published author in the Real Estate Institute Journal
- Contributor to multiple industry articles and strata law commentary
Other relevant info
- Rapid career progression at Bannermans Lawyers from law clerk to Partner
- Extensive experience across NCAT and Supreme Court proceedings
- Specialist in by‑laws, building management, compliance, insurance, disputes and title structuring
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