Changing Managing Agents

The decision to change managing agent can be a difficult one; in part, due to the complex procedures required to make this transition. So we have included some information that might make the task a little easier.

The amount of notice required to terminate a managing agent can vary depending on the original signed agency agreement. However, most agencies will accept one months notice if requested. Also, it is usually suggested that the termination date coincide with the end of a levy quarter. This makes the transition of the financial reports less complicated.
 

The Process

Changing managing agents must be determined at a general meeting. If the owners corporation wish to hold this meeting themselves, our office can assist by supplying the required “Notice of Extraordinary General Meeting”

Alternatively, the agent can be instructed to convene a meeting for this purpose by either:

• the executive committee; or

• one quarter of the owners signing a requisition that requests the meeting to be held.

Motions Required

The requisition should also include that the following motions be placed on the agenda:

Motion One
That the minutes of the last General Meeting as recorded in the Owners Corporation minute book be confirmed as a true and accurate account of the proceedings of that meeting.

Motion Two
That the services of ………………….. Strata Managing Agent of Strata Plan No. ##### be terminated with effect from {DATE} and that the Owners Corporation from that date revoke all the delegated powers, authorities, duties and functions of the Owners Corporation and its Executive Committee, and that all records, books of account, keys, strata roll and all other documents and property of the Owners Corporation be delivered to the Owners Corporation within seven (7) days of the date of the termination of contract.

Motion Three
That the Owners Corporation, pursuant to Section 26 of the Strata Schemes Management Act, 1996, appoint Robinson Strata Management Pty Ltd as Managing Agent of Strata Plan No. ##### effective from {DATE} with the delegated duties and terms and conditions of appointment as specified in the Management Agency Agreement, and that the common seal be affixed to the Management Agency Agreement which is to be signed by two members of the executive committee.