Greg – From Bannermans Lawyers: Agency Agreements Expiry Deadline – 29 May 2017
For those schemes the managers were to notify the owners corporation on or before 28 February 2017 that their agreements were due to expire on 29 May 2017.
Did your existing strata manager notify your OC on or before 28 Feb that their agreements were due to expire on 29 May?
It does not appear that 3 months notice is required as the Act seems to imply that the term of appointment “ends on the following day”. Therefore it appears that a new strata manager appointment can begin from that date. If I was you, however, I would clarify this with your intended new strata manager.
Clause 14(1) of Schedule 3 of SSMA 2015 states:
14 Terms of appointment of strata managing agents
(1) The term of appointment of a strata managing agent appointed or reappointed before the commencement of section 50 (1) of this Act, that is in force on that commencement, ends on the following day:
(a) if the agent was appointed or reappointed for a term (including any roll over or extension period) of 3 years or more, on the day that is 3 years after the term commenced or that is 6 months after the commencement of section 50 (1) of this Act, whichever is the later,
(b) if the agent was appointed or reappointed for a term (including any roll over or extension period) of less than 3 years, on the day that the term ends or that is 6 months after the commencement of section 50 (1) of this Act, whichever is the later.