Q: I have just joined an OC committee. I have asked OC Manager for their signed Contract of Appointment and they have provided a document signed by the Developer in 2015. As it is now April 2023, can I assume we do not have a Contract of Appointment to terminate and can change OC Managers?
I asked for a Contract of Appointment document signed in 2015. As it is now April 2023, can I assume we do not have a Contract of Appointment to change Owners Corporation Managers? – Jenny, VIC
A: Whilst it is not ideal to be outside of a recently executed contract of appointment with your strata management provider. It is not uncommon due to the turnover of committee membership, ownership and engagement levels varying within the strata body generally.
To this end, a standard SCA VIC contract of appointment includes a rollover clause that will keep both parties within the contract and the scope of those contracted terms. Recent legislation changes to the Owners Corporation Act have limited any rollover to one month (recurring) and have applied this directly to any contract in any previous form of rollover or expired but active state. So, your Owners Corporation is within a contract that rolls over each month; however, the Act also permits you to terminate at any time, providing 28 days’ notice.
