Strata Schemes Management Act 2015 No 50
Division 4 Building managers
66 Building managers
(1) A building manager is a person who assists in exercising any one or more of the following functions of the owners corporation—(a) managing common property,(b) controlling the use of common property by persons other than the owners and occupiers of lots,(c) maintaining and repairing common property.(2) However, a person is not a building manager if the person exercises those functions only on a voluntary or casual basis or as a member of the strata committee.(3) A person may be both a building manager and an on-site residential property manager.(4) A building manager may be a person who is entitled to exclusive possession (whether or not jointly with any other person) of a lot or common property in a strata scheme.(5) For the purposes of this Act, a person is taken to be a building manager for a strata scheme if the person meets the description of a building manager set out in this section, regardless of whether the title given to the person’s position is building manager, caretaker, resident manager or any other title.
67 Appointment of building managers
(1) A building manager may be appointed for a strata scheme.(2) The appointment is to be made by instrument in writing (a building manager agreement) executed before or after the strata scheme commenced by the building manager and—(a) by the original owner, if executed before the strata scheme commenced, or(b) under the authority of a resolution passed at a general meeting of the owners corporation of the strata scheme, if executed after the strata scheme commenced.
68 Term of appointment of building managers
(1) A building manager agreement (including any additional term under any option to renew it) expires (if the term of the appointment does not end earlier or is not ended earlier for any other reason)—(a) at the conclusion of the first annual general meeting of the owners corporation, if the agreement was executed before the meeting, or(b) when 10 years have expired after it commenced to authorise the building manager to act under it, in any other case.(2) A person may be reappointed as building manager for a strata scheme at the end of the person’s building manager agreement.(3) The appointment of a building manager may be terminated in accordance with the building manager agreement, if authorised by a resolution at a general meeting of the owners corporation.
69 Transfer of functions of building manager
(1) A building manager may transfer his or her functions as a building manager to another person, but only if the transfer is authorised by a resolution at a general meeting of the owners corporation.(2) A person to whom those functions are transferred is taken to be appointed as a building manager by the building manager agreement.(3) The term of appointment as a building manager of the person to whom the functions are transferred ends on the same day as the term of the person by whom the functions were transferred would have ended if the transfer had not taken place.
70 Functions of building manager
(1) A building manager may, in accordance with the building manager agreement appointing the building manager, assist in exercising one or more of the functions of the owners corporation of managing and controlling the use of common property (otherwise than by the owners or occupiers of lots) and of maintaining and repairing common property.(2) However, the owners corporation may continue to exercise all or any of those functions, subject to the building manager agreement.(3) A person is not a strata managing agent for the purposes of this or any other Act only because the person is a building manager acting in accordance with a building manager agreement.