Have you ever asked a body corporate owner if they’ve ever had issues with their body corporate manager?
Most owners will agree they have, because managing a body corporate scheme is not a simple task.
Poor or lack of communication with a body corporate manager is one of the biggest challenges that body corporate owners face. Their body corporate manager is usually the first person they contact, especially in an emergency, and so every owner expects that their phone call and emails will be answered promptly.
The committee members are also responsible to report issues to their body corporate manager and contact him/her when necessary, requiring additional communication from the body corporate manager.
Evidently if communication is not timely and effective, following up issues and maintaining the building can become even more stressful. Poor communication can lead to a failure to perform tasks a committee has requested and therefore failure to complete the manager’s duties.
To gain knowledge about the body corporate code and its function, read the Body Corporate and Community Management Act 1997
If the committee members and other owners are not happy with the service they have been provided, there are ways to terminate a body corporate manager.
A manager’s duties can be ended if they; agree, are convicted of an offence involving dishonesty, fraud or assault, fail to perform their duties, or fail to comply with the Act or code of conduct.
A remedial action notice must be issued if the manager’s duties are being ended for the above reasons (except agreement), and must state:
• The duties the manager has not performed or the details of claimed breach of the code of conduct
• A notice period (no less than 14 days) during which the manager must fix the issue
• That if the manager does not comply with the notice within the notice period the body corporate can end their engagement.
An ordinary resolution at a general meeting can also effectively terminate the manager’s engagement. Source
By: Humberto Andres Previous page