Our committee wants to engage a specialist to review our management rights holder’s performance and potentially issue a breach notice. Do owners need to be consulted before any of this happens?
Can a committee engage a company to review a management rights holder and issue a breach notice without informing owners? Should the committee consult owners before taking action? The management rights holder is a large company, and from what I can see, most owners are happy with their services.
A committee can engage a specialist to review a management rights holder’s performance without consulting owners first. Issuing a breach notice as a follow-up is a reasonable course of action.
Yes. To some extent, what you describe is common practice. If a committee thinks a management rights holder is not committee's spending limit, and it may be reasonable for the committee not to advise owners of this step. If any report into the rights holder's performance finds they are performing below standard, the committee has various strategies available, but issuing a breach notice as a follow-up is a reasonable course of action.
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Will Marquand joined the Tower team as a General Manager and Senior Strata manager in 2020. He has widespread experience across all forms of commercial, industrial and residential schemes. He believes in proactive, ethical strata management and hopes to provide Tower’s customers with the knowledge and support required to take their schemes forward into the next generation of body corporate management. Will has experience working across residential, commercial and industrial schemes. A former journalist and teacher, Will's excellent communication skills help Tower grow its expanding business. William is a regular contributor to LookUpStrata.
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