We have objected to Clause 6 lopsided text for years, generally told that is was written by SCA lawyers, oh really, that wasn’t obvious.
Each time the agreeement comes up for renewal, we raise objection to Clause 6 at the AGM and get it minuted that we object to the clause making the owners responsible for the mistakes of the managers. We are happy to take responsibility for our actions / inactions, not happy to take responsiblitiy for action / inaction of manager being strung back to our decision to engage a particular stata company.
Also get told that no one has taken owners to court using Clause 6. That doesn’t remove the danger hanging over our head of a strata manager stuffing up as the dodgy clause is in the contract.
If another standard contract ( purchase of car for example ) is used as a base for a new strata contract, this may reduce the opportunity for SCA to claim copyright infringement on the improved contract.