strata managers

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douby1234
Posts: 1
 Joined: 2007-10-29
Submitted by douby1234 on Mon, 10/29/2007 - 21:08.

Can council give notice to a strata manager without holding a special meeting ??

aislynnr
aislynnr's picture
Posts: 54
 Joined: 2007-07-05
Fri, 11/02/2007 - 22:48

There is supposed to be a 3/4 vote to hire a new manager. Usually in the contract the council must give proper notice to the strata management company, however it depends on the reason the council is firing the management company. If the complaint/reason is of an emergency nature (ie. missing money) maybe the management company will not argue with being fired.....

advocate
Moderator
Posts: 31
 Joined: 2007-11-29
Thu, 11/29/2007 - 20:15

Unfortunately, the writers of section 39(1) of the Strata Property Act have created a somewhat uneven playing field between the strata council and the strata management company. A strata council can enter into a strata management contract without approval of the strata owners but is required to obtain a 3/4 vote of owners to terminate the contract unilaterally on two months notice. However, the strata company can do so any time on two months notice. For this reason a strata council, before signing a strata management contract, is well advised to ensure that it contains a cancellation clause which does not prevent cancellation without a 3/4 vote of owners. Section 39(2) of the Act says that: "The strata corporation does not need any prior approval to cancel the contract in accordance with its terms or to refuse to renew the contract when it expires."


aislynnr
aislynnr's picture
Posts: 54
 Joined: 2007-07-05
Wed, 12/05/2007 - 14:49

Thanks Advocate for the very useful post. Another alternative is to find a strata management company that will agree to a three month contract to be reviewed again after the trial period has ended. Not all companies will do this but those confident in their level of service will.


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