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Hi Katherine,
As kaindub points out most strata management agreements contain no metrics to identify and manage poor performance / responsiveness. And, yes, it is probably time to focus on a new agreement with a new manager rather than wrestle with your existing.
If you are going to insist on some meaningful performance KPIs like ….respond to all email and phone enquiries within 24 hrs. ..etc..… then it is equally important that the agreement does NOT contain provisions that allow any failure by the strata manager to meet KPI’s to be effectively “de-toothed” by other provisions.
By that I mean those key provisions in an Agreement that allow for Termination of the Agreement after xx no. of performance failures – the ultimate sanction. They can be watered down by further provisions that allow such performance failures to be ignored “as long as they are rectified within 30 days”. This leads to a cycle of recurring technical breaches with the owners corporation at the end of it no better off.
Performance metrics will always be a pain to enforce and yet another unneeded call on strata committee time. They either have to be watertight or alternatively you need a high level of trust & respect between the SM and owners.
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