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  • #43222
    AvatarColonel Schultz
    Flatchatter

    The 3 year term of the current SM is almost up in 8 weeks time.

    I thought that notice had to be provided to the secretary of the oc under under s.50 6a,  I’m looking for some clarifications as to the correct procedure required.

     

     

     

    • This topic was modified 1 month ago by .
    #43229
    Jimmy-TJimmy-T
    Keymaster

    It’s complicated, as you have already seen from Section 50 of the Act.

    But  Under S50 (6)(a) the strata manager is supposed to give the OC notice three months before the original contract has expired, and (under (b)) one month’s notice if they are in a contract that has already been renewed (I think …).

    They can continue in their role for a further three months after it has expired, if approved by the strata committee when the OC hasn’t either renewed the contract or told them that they will not be renewing (provided that doesn’t go past the date of the AGM)

    Oh, and the OC has to give the SM a month’s notice that they won’t be renewing if they have already given an extension.

    Like I said, it’s complicated – and I may have misinterpreted an unecessarily complicated part of the legislation.

    #43672
    AvatarStrata Answers
    Flatchatter
    (from NSW)

    Perhaps more for the general interest of anyone reading this post ( Colonel Schulz is focused on the need for the strata manager to give notice ) you may be fazed by seeing in your agreement a requirement that the OC gives Notice TO the strata manager if they wish to terminate – Prior to the 2015 Act not giving Notice could mean that an OC could be caught up in an Agreement that extended for a new term beyond the expiry date by default – a hazard for the unwary.

    With the 2015 Act the max term for a Strata Management Agreement is 3 years and, as Keymaster says, it can ONLY be extended by resolution of the strata committee and then for a limited time. This effectively makes Notice by either party of less consequence when an agreement is coming up to a full 3 year term.

    The pre 2015 Act  3 year agreements are now coming to an end but if your agreement  has a Notice provision, giving Notice per the agreement, whilst not  necessary to avoid a renewal of the agreement does provide protection, unless you are comfortable with the strata manager exercising the limited 3 month extension option afforded to them by s50 (7).

    Contact Strata Answers here

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