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Topic
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I am a new EC member, we have very poor Strata Manager and Building Manager and most of the EC members have been long term and friendly with these poor managers. My concern is the Building manager’s contract is due for renewal several weeks prior to the next EC meeting. Could the Building manager’s contract be renewed by these long term EC members prior to a performance review, discussion or the knowledge of all the EC members?
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Replies
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Jean – the role of your Building Manager would fall within the envelope covered by those of a “Caretaker”, where all such appointments under the terms of an Agreement (Contract) are covered by the provisions of Sect. 40B of the NSW Strata Schemes Management Act (the Act).
Whilst the Act doesn’t speak specifically to Agreement renewals, it’s a reasonable assumption that as the execution, transfer, and termination of those must be decided by way of a simple majority vote at a General Meeting of the Owners Corporation, so must a renewal.
So in answer to your question, my response is NO, as whilst the Building Manager’s Contract can be reviewed by your Executive Committee as a whole (i.e. with all Members), the decision to renew that or otherwise and in what terms must be made by all Owners present at a General Meeting.
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