NSW SMs to stop taking insurance commissions

iStock-1221913970.jpg

NSW strata managers to stop taking insurance commissions from January next year.

Strata managers are to stop taking commissions from insurers for arranging polices for strata schemes.

From January next year, strata managing agents who are members of their professional body, Strata Community Association (NSW), will no longer offer contracts that allow them to take commissions for arranging insurance cover.

The widespread practise, under which strata managers have been receiving  commissions of 20 per cent or more for arranging insurance coverage, will be replaced by a “fee for service” arrangement and an “increase in agreed services.”

The immediate questions in the strata community have been obvious: will strata management fees go up, will insurance premiums go down and what will happen to the small companies that depend on commissions to survive?

SCA-NSW was last year rocked by scandals following highly critical coverage in an ABC TV report called The Strata Trap. The criticism was partly related to insurance commissions being concealed as so-called fees for service, often provided by subsidiary companies, with the funds going indirectly into the strata managers’ coffers.

Now the body is trying to “get in front of” the story by taking pre-emptive action, according to some observers. NSW Fair Trading Minister recently asked the Productivity Commissioner to report on the likely consequences of strata managers being denied insurance commissions as well as other kickbacks.

Meanwhile, recent changes to strata law have required strata managers to declare to owners any commissions they receive and to give a written explanation as to why the receipt of the commission was in the owners’ best interests, for insurance cover that is mandatory under strata law.

Taking the whole question of commissions off the table, it was announced this week that from January 1, 2026, SCA-NSW will begin a phased replacement of insurance commissions for strata managing agents. 

“The decision comes as part of SCA (NSW)’s ongoing commitment to raising professional standards, strengthening consumer trust, and delivering better outcomes for owners and residents living in strata communities.” a spokesperson said.

From next year, new standard management contracts issued by SCA (NSW) members will not include an option to accept commissions on insurance products and members using their own management contracts will also not offer the option. 

Remuneration will be replaced by “a combination of fee for service for insurance and an increase in agreed services, in consultation with clients.” 

“This is a milestone moment for strata,’ SCA-NSW President Robert Anderson said. “The decision to replace insurance commissions over this phased transition has not been made lightly, or quickly.”  

“Undertaking this reform is about delivering transparency, trust, and showing leadership,” Mr Anderson said. “For owners and committees, this reform will deliver transparency, accountability and pricing simplicity.”  

“For managers and their businesses, it will deliver certainty, business sustainability and improve trust and credibility with clients.” 

The immediate reaction in the strata community has been to ask if strata management fees will go up but insurance premiums will go down. And if the end result is a zero sum or better outcome, few will quibble, especially if it means more transparency.

The reality is we have recommended committees procure insurance independently of their manager for years and completely avoid any fees. However then the SCA made it standard practice to charge a “lost commission” fee for the commission they would have received.

“The commissions have never reflected the actual work required on insurance,” a spokesperson for the Strata Owners Alliance has written on the Flat Chat Forum. “The industry has overplayed it’s hand on how much work strata insurance was for years to justify the ridiculous fees and now we are likely just going to see commissions replaced by just as ridiculous fee for service to do not a lot.

“We recommend every committee go and procure its own insurance through and independent broker and see how little value your strata manager added in the process.”

However, there are concerns in the industry that some smaller strata management companies will not be able to absorb the loss of income, or compete with larger companies over fees, and this may even lead to many of them choosing to quit SCA-NSW.

This, it has been argued, could see the death of local “mum and dad” strata management firms in favour of one-size-fits-all large companies who can more easily amortise their costs.

“We know this transition may be challenging for some in the industry, however SCA (NSW) will be spending significant time and resources supporting members with training, resources and education throughout the transition, and with much more detail in the coming weeks,” Mr Anderson said.

Newsletter

To subscribe (for free) to our weekly Flat Chat newsletter, bringing you links to our  latest posts, just click HERE.

Forums Current Page

  • This topic has 4 replies, 4 voices, and was last updated 1 year ago by .
  • Creator
    Topic
  • #80978 Reply | Quote
    Jimmy-T
    Keymaster

      Controversial insurance commissions for strata managers to be banned by the NSW professional body from next year.

      [See the full post at: NSW SMs to stop taking insurance commissions]

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #80979 Reply

      The reality is we have recommended committees procure insurance independently of their manager for years and completely avoid any fees. However then the SCA made it standard practice to charge a “lost commission” fee for the commission they would have received.

      The commissions have never reflected the actual work required on insurance. The industry has overplayed it’s hand on how much work strata insurance was for years to justify the ridiculous fees and now we are likely just going to see commissions replaced by just as ridiculous fee for service to do not a lot.

      We recommend every committee go and procure its own insurance through and independent broker and see how little value your strata manager added in the process.

      #81061 Reply
      timSP
      Flatchatter

        Even if the committee source their own insurance quotations, How can we stop the agent from billing the OC for the “lost commission” if this is written into the management agreement?

        Is there any thing in the legislation currently that can over-ride or prevent this?

        Management agreement has been in place for more than 2 years. NSW.

         

         

        #81063 Reply
        Jimmy-T
        Keymaster
        Chat-starter

          I believe the changes are intended to apply to new SCA contracts signed after January 1 next year.  After that, if anyone signs a contract that includes such a free kick for their strata manager, then they only have themselves to blame.

          Don’t take this as gospel from me, but in the meantime, a contract that allows any service provider to claim compensation for work that they didn’t do could, in theory, be challenged under Australian Consumer law which since July has applied to strata contracts in NSW.

          SCA-NSW, the strata managers’ professional body, has already adjusted its standard contract to remove aspects that would have fallen foul of consumer protections.

          The Australian Competition and Consumer protection website says that unfair contract terms are prohibited in standard form pre-formatted contracts where one party has significantly more bargaining power than the other, leaving the weaker party with little or no ability to negotiate the terms, and:

          • Causes a significant imbalance in the parties’ rights and obligations under the contract.
          • Is not necessary to protect the legitimate interests of the advantaged party.
          • Would cause detriment (financial or otherwise) to a party if applied or relied upon.

          If a court finds a term to be unfair, that term is void, meaning it is treated as if it never existed. However, the rest of the contract remains enforceable if it can operate without the unfair term.
          Businesses that propose, apply, or rely on unfair contract terms may face penalties. Each unfair term can attract a separate penalty under the law.

          If consumers believe a contract term is unfair, they can:
          • Seek advice from consumer protection agencies or legal professionals.
          • Report the issue to relevant authorities, such as the Australian Competition and Consumer Commission (ACCC) or the Australian Securities and Investments Commission (ASIC).

          These are just general observations and if you are thinking of going down that road, you really should first speak to a lawyer. I don’t know of any strata scheme that has challenged the terms of a contract under consumer law so it’s hard to predict how that might play out, but it could be an option for any scheme that feels it’s being ripped off by any service provider.

          Just bear in mind that contracts are an agreement between two parties and if your owners corp has agreed to a contract that turns out to be disadvantageous, that doesn’t make it unfair.

          If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
          1 user thanked author for this post.
          #81133 Reply
          Hillsy
          Flatchatter

            I am new to unit living and hoping to reduce our fees. I am having difficulty finding an insurer for our units that have a small service station and some shops. Leaving us with the same company that has put up our insurance 2.5 times in a few years with no claims in the last 5 years and none expected in future. Our 3 bed unit is $8k per year now and looks to go up. Any suggestions are welcome.

          Viewing 4 replies - 1 through 4 (of 4 total)
          Reply To: NSW SMs to stop taking insurance commissions
          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.

          You can use BBCodes to format your content.
          Your account can't use all available BBCodes, they will be stripped before saving.

          Your information:




          Forums Current Page

          Forums Current Page

          scroll to top