Can an Owners Corporation Committee terminate a Strata Management company or do all lot owners have to vote on this decision at an AGM? – Sarah, VIC

Q: Our old Manager recently retired and sold his company (Integra) to another strata management company Maxpro Investments.

The Owners Corporation Committee decided to then fire our new Manager, as they were not happy with the services provided.

However, the manager from Integra is saying that the committee have no rights to sack him, and this can only be done at our next AGM.

Lot Owners have been sent the AGM invite and relevant voting papers but the Owners Committee have said not to reply, and not to vote as Integra have no right to call an AGM, as they are no longer our Strata management company.

My question is – can an Owners Corporation Committee sack a Strata Management company or do all lot owners have to vote to sack them at an AGM?

A:

In essence, the Committee generally has all powers and functions delegated to them, including the power to appoint or terminate a manager. However, additional information is required to provide guidance as there may have been limitations in the powers delegated to the Committee, e.g., contractual clauses etc.
In seeking to terminate, you may be in breach of the contract and have to pay damages for early termination unless there has been a breach that would have entitled you to terminate.

Given the nature of this dispute, and the legal risks involved, we recommend the Owners Corporation seek legal advice.
We hope you find this information helpful.