Question: Can a contracted strata manager sub-contract scheme functions out to another strata manager?
Answer: Many standard strata management agreements include a statement allowing this.
Yes. Many standard strata management agreements include the following:
“The Strata Company authorises the Strata Manager to, on behalf of the Strata Company, authorise, employ or engage a third party agent, employee, contractor to supervise or carry out specialist work or repair or maintenance work, and if the Strata Manager wants to authorise or engage a third party agent or contractor to perform a Scheme Function the conditions under which they can do so”.
It’s, therefore, important to review your strata management contract to see if this provision has been provided to the strata manager.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
The lot owner replied to Jamie Horner’s response with the following:
I had a look at the Strata Titles Act and I believe the response to my first question may not be correct. Section 143 Authorisation of functions of strata manager 5(c) clearly states that a Strata Manager cannot enter into a contract with another strata manager. The strata council has never authorised the strata manager to enter into a contract with another strata manager.
Please see here for further clarification on this matter.
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