#13443
Billen Ben
Flatchatter

    A strata managing agent is to be appointed by instrument (a management agreement) in writing authorised by a resolution (passing an ordinary resolution motion) at a general meeting (extra ordinary or annual general meeting) of the owners corporation.

    This means the old agreement must be terminated, preferably by time rather than firing. If you fire the agent he/she may seek compensation for the duration of the unserved agreement period.

    You will need to read your agreement to see the “exit” requirements. It should involve giving the agent notice that the SP seeks to not renew the agreement, i.e. terminate the agreement. There are some timeframes for giving of this notice in some agreements so you will need to read the agreement thoroughly.

    To not renew or terminate the existing agreement will require a motion at a general meeting. This motion will need to pass by ordinary resolution.

    A new agreement with the new agent will need to be established. To do this you should find a new agent willing to take on the role and place a motion on the agenda for a general meeting to accept the costs and terms of the new agreement. This motion will need to pass.

    If an agent (the new agent) intends to act (or offers to act) for a principal in the management of property and is aware that another agent is or other agents are managing that property for the principal, the agent must, unless the principal otherwise directs in writing, disclose their intention to act or offer to act to the current agent or agents.

    If you need to see records then the current agent can be nice and let you see them or you can access them by doing what is called a section 108 search.
    Section 108 of the strata Act gives owners, or there nominee, the authority to request and see an extensive list of document. It costs money to do a s108 search ($30 for the first hour and $15 per half hour there after) and the request needs to be in writing, stating what you want to see and include the fee.

    You will be able to get a copy of the strata role in one hour easily – that will have all the owners’ names and postal details. you will also have time to get a copy of the existing agency agreement. you may need to take your own copier if the agent doesn't want to play nice.

    Then you can lobby all the owners.

    So you need a new agent prepared to do the job, you need to know how to terminate the existing agreement; you need separate motions to terminate the existing agreement and adopt the new agreement. To do all this you may need to do a s108 search and get a copy of the strata role and current agreement.

    If you need more information just post questions.Smile