Strata Management Agreement – Indemnity Clause

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  • 14/05/2017 at 5:20 pm #11100 Reply | Quote
    CastelFiasco
    Flatchatter

      Under the new legislation, our strata manager is requiring us to sign a new 3 year agreement. They’ve presented us with the Strata Community Australia (NSW) model agreement which has a Clause 6, Liability of the Agent and Exclusions, which is unacceptable to us. This clause indemnifies the agent from any liability for any claim except where gross negligence, dishonesty or fraud is involved.

      We have been advised in writing by the strata manager that the proposed agreement is a copyrighted contract and therefore they can’t amend it.  They have referred us back to Strata Community Australia (NSW) but have also stated they will not accept an amendment. Under consumer law a person is protected against signing a contract that is not in their interest – is there any similar protection under strata law?

      What advice would you give us.

      Thank you.

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    Reply To: Reply #27164 in Strata Management Agreement – Indemnity Clause
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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