Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:49)
Part 4 Division 5
Division 5 General
71   Interests must be disclosed by potential strata managing agents or building managers
(1)  A person appointed as the strata managing agent or building manager for a strata scheme who has an interest that must be disclosed under this section must disclose the interest to the owners corporation before the appointment of the person.
Maximum penalty—50 penalty units.
(2)  The following are interests that must be disclosed to the owners corporation by a person—
(a)  that the person is connected with the original owner,
(b)  any direct or indirect pecuniary interest in the strata scheme (other than an interest arising only from the prospective appointment).
72   Strata managing agent and building manager agreements may be terminated or varied by Tribunal
(1)  The Tribunal may, on application by an owners corporation for a strata scheme, make any of the following orders in respect of an agreement for the appointment of a strata managing agent or building manager for the scheme—
(a)  an order terminating the agreement,
(b)  an order requiring the payment of compensation to a party to the agreement,
(c)  an order varying the term, or varying or declaring void any of the conditions, of the agreement,
(d)  an order that a party to the agreement take any action or not take any action under the agreement,
(e)  an order dismissing the application.
(2)  If the Tribunal makes an order terminating the agreement, the Tribunal may also order the strata managing agent or building manager to return to the owners corporation, within the period specified in the order, any documents or other records relating to the strata scheme that are in the possession of the agent or manager.
(3)  The Tribunal may make an order under this section on any of the following grounds—
(a)  that the strata managing agent or building manager has refused or failed to perform the agreement or has performed it unsatisfactorily,
(b)  that charges payable by the owners corporation under the agreement are unfair,
(c)  that the strata managing agent has contravened section 58 (2),
(d)  that the strata managing agent has failed to disclose commissions or training services (including estimated commissions or value of training services or variations and explanations for variations) in accordance with section 60 or has failed to make the disclosures in good faith,
(e)  that the strata managing agent or building manager has failed to disclose an interest under section 71,
(f)  that the agreement is, in the circumstances of the case, otherwise harsh, oppressive, unconscionable or unreasonable.