Complaints about a strata or building manager
Understand what you can do if you have an issue with a strata manager or building manager in your scheme.
Key information
- The steps to follow will depend on whether your complaint is with your strata manager or building manager
- Always try to resolve the issue by speaking to the other person or people first
- There is a free mediation service offered by NSW Fair Trading.
How to make a complaint about a strata manager’s conduct
Strata managers must hold a licence with Fair Trading. They are bound by rules of conduct in legislation.
If you have a complaint about a strata manager’s conduct, you can follow these steps.
Consider speaking with your strata committee about the issue and what you would like them to do about it. They may seek to resolve the issue on your behalf or approach the licensee in charge of the strata managing agency.
Talk to your strata manager about the issues you are experiencing. Complaints about a strata manager’s conduct may include:
- strata manager must have knowledge of the laws relevant to their licence and keep up to date with any law changes.
- strata managers must act in line with instructions from the owners corporation. These instructions should be resolved at properly convened meetings of the owners corporation.
- strata managers must act in the best interests of the owners corporation at all times unless it would be unlawful to do so.
If your strata manager isn’t providing services detailed in their management agreement, see Examples of strata manager problems and how to resolve them for details on what to do.
If your issue is not resolved by the strata committee speaking with the strata managing agent or the licensee in charge, then you or the strata committee can make a complaint with NSW Fair Trading.
To make a complaint against a strata manager, you need to have evidence showing how they have potentially breached the rules of conduct.
Fair Trading will then assess the matter and decide if laws have been breached. For details on Fair Trading’s compliance role, visit the Fair Trading website.
Examples of strata manager problems and how to resolve them
Strata managers provide services to the owners corporation as detailed in their contract which is usually called a ‘management agreement’. If your strata manager is not providing services as detailed in the management agreement, you can discuss your concerns with the strata committee.
If the strata committee is not willing to take up your issues with the strata manager, you can ask that a motion be added to the agenda of the next general meeting to discuss your concerns or to terminate the strata manager.
Our strata manager doesn’t respond to emails
Check the management agreement to see if managing correspondence is part of the strata manager’s duties. This contract should be included in the owners corporation records.
If your strata manager is not replying to your emails, check with others in the strata scheme to see if it is a common issue. Speak to the strata committee about your concerns. They may be able to:
- contact the strata manager directly to resolve the issue
- discuss the issue with the Licensee in Charge, if the strata manager is part of an agency
- help you with the query or issue you haven’t got a response to from the strata manager.
Owners of lots in strata schemes have the option of adding a motion on the agenda of the next general meeting for the owners corporation to consider ending the strata manager’s contract.
Our previous strata manager is not passing on records to the newly appointed strata manager or the owners corporation
A strata scheme’s records are the property of the owners corporation.
If a decision is made to not reappoint the previous strata manager, they must provide the records to the current strata manager or the owners corporation. If they don’t do this, they may be in breach of the legislation.
You can apply to the NSW Civil and Administrative Tribunal to issue the previous strata manager with an order to produce the records. If the Tribunal determines that a strata manager has failed to provide the records to your new strata manager, you can lodge a complaint with Fair Trading and attach a copy of the Tribunal’s orders.
Problems with building manager and how to resolve them
An owners corporation can employ a building manager to:
- manage, maintain and repair common property
- control the use of common property by tradespeople and other non-residents.
Unlike strata managers, building managers are not licensed by Fair Trading. They cannot enforce by-laws or carry out other similar functions of the owners corporation.
If you have a problem with a building manager, you should approach your strata committee to talk about it. If the strata committee is not willing to take up your issues with the building manager, you can ask that a motion to be added to the agenda of the next general meeting to discuss your concerns.
If the issues remain unresolved, you can apply for free mediation with Fair Trading. You will need to name the owners corporation as the ‘respondent’ when you apply for mediation.
Examples of building manager problems
Our building manager is enforcing the schemes by-laws
A building manager cannot enforce a scheme’s by-laws or carry out other similar functions of the owners corporation. Only an owners corporation through its strata committee or strata manager can issue a notice to comply with a by-law to residents who are breaching the by-laws.
If your building manager is attempting to enforce your schemes by-laws, you should contact your strata committee or strata manager.
Our building manager is overcharging fees
An owners corporation can appoint a building manager by passing a resolution at a general meeting and entering into a written agreement (contract).
A building manager can charge fees in accordance with their contract. If the owners corporation believes that the building manager is not charging correct fees, they can apply to the Tribunal for a determination.
Our building manager isn’t allowing me to use common property
A building manager’s role may include assisting the owners corporation in managing the use of common property by tradespeople and other non-residents. Building managers can’t deny owners and other residents access to common property.
If your building manager is denying you access to common property without authorisation of the owners corporation, you should contact the strata committee or strata manager. If the matter remains unresolved, you can apply for free mediation with Fair Trading. You will need to name the owners corporation as the ‘respondent’ when you apply for mediation.
Need more help?
Contact Fair Trading
If you have any further questions about strata, you can contact Fair Trading via phone or in-person at a Service NSW centre.
Related information
Join our mailing list
Find out about strata announcements, recently published resources and more. You can also subscribe to other newsletters of interest.
Sign up to the Strata and community scheme updates newsletter