In reply to the topic of this thread “The buck stops … where” I couldn’t agree more with the sentiments expressed by Struggler in post 11. Surely the answer has got to be ‘it stops with the OC’.
Any SM engagement is a contract between the OC and a SM. If you don’t like the conditions of the contract – don’t sign it. Does the contract specify that the SM must do on site visits and report on them? From the contracts I have seen, the contracts never do!
If the OC has signed a contract and the SM is not doing their part as Struggler says put everything in writing and insist that the SM fulfill their part.
Well the above is all the theory … I know that it is never like that in practice. It is similar to how most owners just expect things to be done by ‘someone else’. I constantly have other owners ring me and say ‘so and so is doing this and we have to stop them, will you do something about it’. On a few occassions I have told them that they can do something just as easily as me but they don’t want to be ‘seen’ to be the one.
When our OC considered engaging a SM we decided that the two crucial items for our strata where:
– having insurance and making claims on it; and
– keeping the common property in good repair.
After looking and numerous SM contracts we decided the best option was to self manage with that following additions:
– hire an insurance broker; and
– make sure that every owner kept their eyes open re common property defects.
While we are not a large strata so I know this is not possible for every strata cetainly in response to the original question it is the correct answer.