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How can I (a lot owner and committee member in Victoria) obtain a copy of the standard SCA template (without alterations by the OC Manager)? I’ve looked on the SCA website and it seems to be behind a wall accessible only by members.
I’m having an situation currently where our new OC Manager has presented a new contract that has more onerous terms than our previous contract (the new OC Manager bought our previous OC Managers business and they are wanting to roll us onto their contract).
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The new strata manager cant roll you over onto a new contract if the old contract has not expired. Just cause they bought a business does not annul the previous contract
If this is a contract renewal, then just dont agree to the conditions you dont like. If the strata manager wont paly ball, then go out and find a new strata manager. You dont have to be locked in to one strata manager and there are plenty out there who do a good job and are not dodgy.
The hardest thing will be to source names of strata managers to approach, but word of mouth or even a google search will help. Then just ask them to tender for your business.
I’d like to be able to try to resolve what we have with the current manager.
And that’s the key to all this. How badly do you want to stick with the current company? To the extent that you’d put up with an unfair contract? Personally, I would be looking around at the same time as gicing them the option to shange the terms of the contract back in your favour.
A contract is an agreement between two parties – its terms have to suit both of them and can’t be sacrosanct just because “this is our standard contract”. Cave in on this and you are inviting the SM to believe they will always get what they want, regardless of your opinion.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Having gone full circle on this I’ll answer your original question.
Generally its almost impossible to get a copy of the “standard” strata manager contract.
SCA has a copyright on their original contract and its only members of SCA who can access and use the standard contract.
There are other organisations providing contracts for strata managers (I know for example that one of the major strata lawyers in Sydney provides such contract forms to strata managers who subscribe to their services)
Also in my experience over the last 15 years of strata, I have never seen two strata management contracts that even remotely look the same (The intent is common, but the way its laid out is always different) That suggests to me that strata managers source their contract templates from many providers.
As JT suggested, negotiate the contract with your strata manager
The other thing in your favour is that the former contract has expired. I cant say for Victoria, but in NSW once the contract has expired, its expired. It can be extended for 3 months by the committee but thats all.
What I am getting at is thats in the strata managers interest to get a new contract signed before they cant do any more work for you. That puts you in a good bargaining position. (Remember you can always self manage for a time until a new strata manager is found)
SCA has a copyright on their original contract and its only members of SCA who can access and use the standard contract.
Ridiculous but true … especially when SCA members use this as a reason for not allowing any changes. However, you can turn that back on the SM and say “okay, if we can’t make any changes this is an edict, not a contract, so we need to start from scratch.”
There are other organisations providing contracts for strata managers (I know for example that one of the major strata lawyers in Sydney provides such contract forms to strata managers who subscribe to their services).
The OCN (ocn.org.au) will also offer help with a strata management contract.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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