Changing Managing Agents Process
Undertaking the process of changing Strata Managing Agents is a fairly straight forward process.
At Foreshew Strata Agency we are here to support and guide the Committee Members and the building to take the stress and worry out of this process to make co-ordinating the transition smoothly.
We will assist you Step-By-Step to effect the change of Strata Management Company.
Current Agency Agreement
Firstly, it is important to review the terms of the buildings agency agreement with your current Strata Managing Agent.
We can assist you in reviewing the current agreement and whether your agreement is for a specified term or if you are in the rollover provision of the agreement, which is a maximum of three months’ notice. * If a Strata Scheme, there is no 3-month notification period required with changes to the legislation in 2016.
Dismissing the current Strata Managing Agent and appointing new Strata Managing Agent
A General Meeting to dismiss your current strata manager is not required, if their agency agreement (contract) has expired or is due to expire.
Once the agency agreement expires, the agreement automatically terminates unless renewed at a General Meeting or in the event that the Strata Committee extends the agency agreement (maximum 3-months not exceeding the AGM).
The Committee does not have the power or authority to dismiss or appoint a Strata Managing Agent under the Act.
To appoint a strata manager, an appropriately worded motion must be included on a general meeting agenda.
General Meeting process: Appointing Strata Managing Agent
There are three ways that the building can appoint a Strata Managing Agent via a General Meeting. These are:
Annual General Meeting
Any financial owner may request in writing that a motion be placed for determination at the next Annual General Meeting for consideration.
Extraordinary General Meeting
The Committee has the power and authority to convene an Extraordinary General Meeting of the building at any time.
The Committee should bear in mind that the appropriate notice period must be provided in calling an Extraordinary General Meeting.
Outside of this, Foreshew Strata Agency can assist and draw-up the Extraordinary General Meeting for you to facilitate the meeting.
Requisition of 25% of Owners
If a written request is made by 25% of the financial owners, an Extraordinary General Meeting must be convened by the building.
As necessary Foreshew Strata Agency can assist and guide the owners in facilitating this process.
In this regard we will prepare the Extraordinary General Meeting Agenda and/or provide the wording for the motions to terminate the current managing agent and appoint Foreshew Strata Agency as the new strata managing agent. The notice of the meeting must then be disseminated to all owners with approximately 18-days’ notice.
Once our office is appointed we handle all communication with respect to the transition from the current Strata Managing Agent to Foreshew Strata Agency.
*This applies to Strata Scheme buildings.
HOW DO WE ASSIST WITH CHANGING STRATA MANAGERS?
We can review your current agency agreement and provide advice as to when it expires
Our office can draw-up the EGM Agenda to ensure that the motions are in order for the appointment of Foreshew Strata Agency
We can also attend the EGM to answer any questions from the owners at the meeting
Foreshew Strata Agency handles the transition process after we have been appointed
We have a 15 point checklist when on-boarding a new client to ensure all records and documents are received