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Fullarton Road, Norwood PO Box 4040, Norwood South South Australia 5067 P: 08 8333 5200 F: 08 8333 5210 e:mail@unitcare.com.au |
How do we change the manager?
Changing Your Manager
Appointing a manager is a big step for unit owners.
You need a manager that has your interests at heart, is qualified and trustworthy.
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We recommend you discuss any concerns with your manager perhaps via an informal meeting between concerned owners and the manager. If you still wish to change your manager the following steps may help.
Step 1: Do you have a binding contract taking your group through to the next Annual General Meeting?
If yes then see Step 4.
If no or the manager has seriously breached their contract, go to Step 2.
If your Annual General Meeting is due shortly proceed to Step 5.
Discuss your concerns with fellow owners before the annual meeting. Seek information on other management services. See our comparison of fees and services list.
Step 2: Obtain a list of all owners, addresses and phone numbers (the local Council can help). Ask your manager or fellow owners to organise an extraordinary general meeting of all owners to discuss management.
If your manager is unhelpful use Step 3. See legal ruling on requirement to handover unit owner list.
If your manager organises the meeting see Step 5.
Step 3: This is how owners can call a meeting under the Strata Titles Act 1988: (Meeting Notice pdf)
a) The Secretary of the Corporation or ay 2 members of the Management Committee (if you have one) calls and arranges a meeting of owners OR
b) One fifth of the owners sign a meeting notice which is sent to all owners
The meeting notice must be posted at least 14 days before the meeting. The agenda needs to include management as an issue for discussion and proposed resolutions (such as the appointment of a new manager) can be included on the agenda. A proxy form needs to be included with the notice just in case some owners cannot attend. You might include a cover letter explaining the reason for the meeting. We at UnitCare can supply you with Meeting Notice and Proxy proformas. (Meeting Notice pdf)
Step 4: If you have a contract and wish to break it, we suggest you seek advice on the consequences. You will need a copy of the contract. If you have genuine cause for dissatisfaction and discussions with the manager are fruitless, then if the Manager is a member of the Real Estate Institute of South Australia, it can help with negotiations. You can ring their Advisory Service on (08) 8366-4345. The Office of Business & Consumer Affairs (8204 9777) can be of help. The matter can be taken to the Magistrates Court should the manager prove unreasonable and unwilling to hand over the Corporation's records and funds. apply to the Courts
Step 5: At your Annual General Meeting have your current manager finish last years business (correspondence, accounts etc.) and appoint your Officers (Presiding, Secretary and Treasurer) and consider a Management Committee if appropriate. Once this business is finished an owner or proxy for an owner needs to move that the current manager not be reappointed. If a mjority present in person or by proxy agree then the meeting can either:
- adjourn the meeting for up to 14 days, contact your preferred manager, and then consider your options OR
- move and pass the appointment of your new manager, adjourn the meeting, and then contact your new manager, who will get your files and handle things from there. The rest of the Corporation's business may be completed by the management committee or a general meeting with the new manager.
Hint: Appointing a keen Management Committee can be useful in tackling day to day issues and in keeping communication channels well and truly open with your new manager.
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