Enter your email Address

LookUpStrata

Strata Information Leading to Open Discussion

  • The Strata Magazine banner
  • Subscribe to LookUpStrata banner
Australia's Top Property Blog Dedicated to Strata Living
  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
      • VIC Strata Webinars
      • ACT Strata Webinars
      • SA Strata Webinars
      • WA Strata Webinars
    • Upcoming Strata Events
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap
Home » Building Manager » Building Manager NSW » NSW: Q&A Management Rights Agreement Renewal Process

NSW: Q&A Management Rights Agreement Renewal Process

Published May 27, 2022 By Leanne Habib, Premium Strata Leave a Comment Last Updated October 13, 2023

Share with your strata community

0 shares
  • Share
  • LinkedIn
  • Email

This Q&A has been received from a NSW management rights owner and concerns the management rights agreement renewal process in NSW.

Table of Contents:

  • QUESTION: Our caretaker is also an onsite letting agent. An agreement exists for caretaking, however, there isn’t an agreement for the letting agency. Is the OC required to have an agreement with the letting agent?
  • QUESTION: Our management rights operators have asked for a 10 yr extension on their agreement. This will result in a 25 yr agreement. What is the average management agreement in NSW?
  • QUESTION: I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up. During negotiations with the committee, the strata manager has circulated the draft agreement to non committee lot owners. Is this the usual process?

CLICK HERE TO BE NOTIFIED WHEN WE PUBLISH CONTENT TO THE SITE

Question: Our caretaker is also an onsite letting agent. An agreement exists for caretaking, however, there isn’t an agreement for the letting agency. Is the OC required to have an agreement with the letting agent?

Our caretaker is also an onsite letting agent who operates onsite and uses common property. An agreement exists between the caretaker and owners corporation for caretaking, however, there isn’t an agreement for the letting agency. Does this leave the owners corporation financially and legally vulnerable? Is there a legal requirement for an agreement between the owners corporation and the letting agent?

Answer: Though not a requirement, an agreement protects the onsite letting agent and the owners corporation.

There is no common law that requires an onsite agreement between the owners corporation and the letting agent. However, it is highly advisable to have an agreement in place setting out the rights and responsibilities of the owners corporation, letting agent and the use of common property. This protects both the onsite letting agent and the owners corporation. There are likely further issues that need to be considered, such as insurance issues, particularly public liability insurance.

Similarly, if the letting agent is using parts of the common property for their caretaking duties, it is advisable to have an agreement in place. If they own a lot in the strata scheme, it would be by way of by-law. If they do not own a lot, it could form part of the caretaker agreement or be in the form of a lease or licence.

Matthew Jenkins
Bannermans Lawyers
E: [email protected]
P: 02 9929 0226

This post appears in the November 2023 edition of The NSW Strata Magazine.

Question: Our management rights operators have asked for a 10 yr extension on their agreement. This will result in a 25 yr agreement. What is the average management agreement in NSW?

We live in a holiday accommodation/motel-based strata complex. Our caretaker lives onsite.

The management rights were bought 6 yrs ago. They have asked for a 10 yr extension. This will result in a 25 yr agreement. This seems a very long time!

Is the manager setting up to sell halfway through their term and trying to make it a better deal for themselves? The caretakers will not last another 25 yrs, so new people will come in and we have no say!

What is the average caretaker management agreement in NSW? In this situation, what options do we have?

Answer: You should check what the contract says about assignments.

  1. Under the current laws (since November 2016), the maximum period a strata manager can be appointed is 1 year at the First AGM, and 3 years after that. A 3-year appointment is normal.
  2. The maximum period for a caretaker/building manager is now 10 years, unless they had already been appointed for a longer period before 30 November 2016. Some older agreements were grandfathered. For some coastal motel-style units, longer periods happen, also where building managers have “purchased” a contract. It sounds like this was an older agreement for > 10 years.
  3. For both strata and building managers, it can sometimes be appropriate to appoint them for a shorter “trial period” (eg 1 year), to see if they lift their game, or to allow the owners corporation to go to market and get tenders.
  4. Leasing rights are different, and might be tied to the lease of the common property area they use. That is simply up for negotiation with no statutory limits. It is common and economical for one person to do both.
  5. If you fear the current caretakers (whether the on-site workers are employees or owners of the caretaker company) are looking for a longer contract beyond the expected working life of the current operators, it could well be they are looking to increase the value of the contract and on-sell. That is the logical explanation. You should ask them why they want such a long contract in these circumstances. It sounds like you have a fair relationship with the current on-site managers but if the current contract still has a long time to run, I wouldn’t be recommending extending it this early on.
  6. You should check what the contract says about assignments to new purchasers. Usually it says the owners corporation cannot unreasonably refuse but in this case, you might either agree to the extension with full discretion to refuse assignments, or simply refuse the extension.
  7. One other point to raise could be this. Mention to the caretaker that under the new laws, the maximum period is 10 years. So as they already have a contract for that or more, it seems inconsistent with those laws to extend it further. Those new laws give you an excuse to refuse the extension (refer to section 68(1)(b) of the SSMA.

James Moir
Madison Marcus
E: [email protected]
P: 02 8022 1222

This post appears in the October 2022 edition of The QLD Strata Magazine.

Question: I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up. During negotiations with the committee, the strata manager has circulated the draft agreement to non committee lot owners. Is this the usual process?

I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up.

At our last AGM, it was “RESOLVED that the owners corporation delegate to the strata committee the negotiation of a new 10yr Building Management agreement with the owner.

I tabled slightly alerted agreements to the committee, and they voted to get legal advice from a strata specialist.

Two owners, not on the committee, requested and received copies of the draft agreement from the strata manager. These agreements have not been approved by the committee. These two owners are using the draft agreements to work against our request for a top-up.

Is it legal for the strata manager to give out draft agreements to general owners?

My understanding was that once the committee approved an agreement, the approved documents were presented to the owners to vote yes or no.

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

Answer: It is not “illegal” for the strata manager to provide the draft building management agreement to non-committee members, though it is not routine.

It is not “illegal” for the strata manager to provide the draft building management agreement to non-committee members, though it is not routine.

Generally, as you suggest, the strata committee will negotiate the terms of the building management agreement for consideration by the owners corporation at a general meeting. That draft is usually attached to the agenda for the general meeting. Further, at the general meeting, there is nothing to stop owners from raising objections or seeking amendments to your agreement.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #572.

Have a question or something to add to the article? Leave a comment below.

Embed

Read next:

  • NSW: Owners Corporation Unable to Convince Supreme Court of NSW for Building Manager to Hand Over Contact Details of Owners Recorded on Strata Roll
  • NSW: How are parcels and boxes delivered to my apartment?
  • NSW: Does your Owners Corporation have a Misbehaving Building Manager? NCAT Gives some Hope with First-Time Orders to Terminate Caretaker Agreement!

Visit Building Managers OR NSW Strata Legislation

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Share with your strata community

0 shares
  • Share
  • LinkedIn
  • Email

About Leanne Habib, Premium Strata

Leanne, co-founder of Premium Strata, is a licensed strata and community manager and a real estate managing agent with more years in the property industry than she cares to admit. Having previously worked in various senior management roles with large strata and community agencies around Sydney, Leanne has cultivated a niche in the Eastern Suburbs and North Shore.

As diverse and expansive as her experience is, one thing above all else has been the focus of Leanne’s professional life –– her clients. Ensuring their best interests are served and their outcomes achieved, continues to be the driving force behind her latest management initiatives. A member of Strata Community Australia, and a dynamic, forward-thinking individual, Leanne is committed to offering a level of service unmatched in the industry. That’s what makes Premium Strata a truly outstanding strata and community title management agency.

Leanne is a regular contributor to LookUpStrata. You can take a look at Leanne’s articles here .

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIALS

"LookUpStrata should be compulsory reading for every member of a Body Corporate Committee. It provides the most understandable answers to all the common (and uncommon) questions that vex Body Corporates everywhere. Too often Committee members do not understand what Body Corporates are legally able to do and not do. LookUpStrata helps educate everybody living in a Body Corporate environment for free." John, Lot Owner

"It's the best and most professional body corporate information source a strata manager could have! Thanks to the whole team!" MQ, Strata Manager

"I like reading all the relevant articles on important issues on Strata living that the LookUpStrata Newsletter always effectively successfully covers"
Carole, Lot Owner

"Strata is so confusing and your newsletters and website are my go-to to get my questions answered. It has helped me out so many times and is a fabulous knowledge hub." Izzy, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • Contact a Strata Specialist on the LookUpStrata Directory
  • Ask Us A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • William Marquand on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Tyrone Shandiman on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Liza Admin on SA: Q&A Strata Regulations About Car Parking Rules
  • Liza Admin on SA: Q&A Rights to have pets for residents in strata
  • Tyrone Shandiman on NAT: Q&A Yearly Increases To Strata Insurance
  • Tyrone Shandiman on NAT: Q&A Yearly Increases To Strata Insurance
  • Tyrone Shandiman on QLD: What does Strata Insurance cover? What do we need to disclose?
  • Robert Budniak on NSW: E-Bike and E-Scooter Battery Fires in Strata on the Increase
  • stephanie nicholls on WA: Q&A What Do Strata Fees Cover? How are Increases Calculated?
  • [email protected] on VIC: Q&A Process to change the Registered Owners Corporation Rules

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2024 · LookUpStrata ® Pty Ltd · All rights reserved