A bespoke up-to-date strata management agency agreement template and proposal, tailored for your firm!
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A bespoke up-to-date BMC agency agreement template and proposal, tailored for your firm!
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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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A bespoke up-to-date community, precinct and neighbourhood agency agreement template and proposal, tailored for your firm!
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 24 October 2017
Category: Strata
Despite legislative restrictions on developers retaining control of new apartment buildings, developers are coming up with new ways to continue their control after completion.
Some of the more elaborate strategies for retaining developer control include:
What can owners corporations do?
Where the issue is with priority votes, owners could refinance with a lender not connected with the developer.
Where the issue is with proxy votes, owners could revoke the proxies.
Where the issue is with a building manager connected with the developer, the owners corporation could rely on the building managerās statutory and contractual obligations.
Where the issue is with strata committee members connected with the developer, they could be replaced, but in any event owe fiduciary duties to their owners corporation, which could be enforced. Further, the failure of the strata committee to perform their legal duties may be grounds for making an application to NCAT, which can make a wide range of orders, including appointment of a compulsory strata manager, who can make decisions without the need to obtain general meeting resolutions.
For more information on appointing a compulsory strata manager, please see āDemocracy Rules, OK? Well, Not Quite: Strata Managers and Section 237 Appointmentsā.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.