SA: Q&A How do we Make a Complaint About a Strata Manager in South Australia?

This article is about strata manager complaints in SA.

Table of Contents:

• QUESTION: What can we do when our Strata Manager is incompetent? Can we get our management fees back?
• QUESTION: Where do we lodge a complaint in South Australia in regards to the behaviour and conduct of our Strata Manager?

Question: What can we do when our Strata Manager is incompetent? Can we get our management fees back?

We are unhappy with the service provided by our current strata management company.

We are trying to convert to Community Title which has been delayed by 12 months. When have been told that the delay is due to the Strata Manager neglecting to submit a Lodgement Form. Can we as a corporation get compensated for the inept management? 

We have also had 5 scheduled AGM’s which have all been cancelled by the Strata Manager. Can we get our management fees back?

Answer: This really comes down to what is in your Management Agreement.

This really comes down to what is in your Management Agreement with the current Strata Company representing you. The Strata Titles Act states in Section 27B that a contract must be in writing and sets out the functions or powers to be delegated. Horner Management use the Management Agreement which is written by the Strata Community Association (SCA) and it also has a section, ‘Termination of the Managers appointment’ if they fail to carry out the duties listed in the agreement. You would need to refer to your contract to see if there is any statement in there about refunding fees if they have not performed, however, this is not usually something we see.

In relation to your Annual General Meeting being cancelled 5 times, this is something that I would be raising with the Manager of the Company. The Strata Titles Act states that a Strata Corporation must hold at least one meeting every calendar year and no more than 15 months after the last such meeting Section 33(4). While there may have been issues with holding the meeting due to COVID-19 restrictions, your Strata Managers should be looking for ways to work with your Corporation to ensure that you are complying with the Act and holding the necessary meetings. At Horner Management we have used multiple different options to ensure that our clients can still hold their Annual General Meetings, such as online meetings, Zoom and teleconference meetings.

If your Manager is reluctant to hold the Annual General Meeting I would suggest that you as a Corporation call the meeting, which can be called by either the Secretary, the Management Committee (any two members) or one fifth of all unit owners. Your Strata Manager does not need to be there.

Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777

This post appears in Strata News #461.

Question: Where do we lodge a complaint in South Australia in regards to the behaviour and conduct of our Strata Manager?

We would like to know how we lodge a complaint in South Australia in regards to the behaviour and conduct of our Strata Manager.

Is there a registration group or organisation that can receive a complaint and investigate?

We cannot find any reference to a body that oversees Strata Managers.

Your assistance would be greatly appreciated.

Answer: It is always best to use a manager that is a member of SCA.

There is a National Body called Strata Community Association (SCA) and each state and territory has a local branch.

It is always best to use a manager that is a member of this organisation as there is a code of conduct that all managers and companies are to abide too.

This Body is a self-regulated body at this point and is pushing for licensing especially in SA as other states like NSW have this accomplished.

This would mean higher standards across the board of all companies and better outcomes for the clients. If your manager is a member of this body then you can contact the SCA and put in a complaint which the board will need to assess its validity. Using an SCA member can result in a better outcome for you.

If the strata management company is not a member of SCA, what can you do? You would have to contact Consumer Business Services.

Tyson D’Sylva
Ace Body Corporate Management
E: tyson.d@acebodycorp.com.au
T: 08 8342 1544

This post appears in Strata News #238.

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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Read Next:

• SA: Q&A Who Does the Strata Manager Really Take Instruction From?
• SA: Q&A Who is My Strata Manager? How Do I Find Out Who Manages the Building?

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