Exit answer — WA
Data-path proof. Not the design of record.
- Maximum contract term
The Act does not cap how long a strata management contract can run. Section 145 requires the contract to state its start and end dates but sets no maximum term. There is one statutory exit: where the contract was made before the scheme was registered, or while a single owner held at least half the unit entitlement, the strata company can end it by written notice after five years, and any term of the contract that tries to prevent that has no effect. The Tribunal can extend the five years if satisfied the contract is fair to all owners.
- Resolution required to appoint
The council of the strata company performs the functions of the strata company, so in most schemes the council can enter into a new strata management contract without a general meeting and without a special majority. Owners can restrict what the council does, or direct it, by ordinary resolution, which is more than half the votes cast. By-laws for your scheme, or a restriction owners have already passed, can require more than that, so check both before relying on this.
- Notice period
We haven't checked this against the Act yet, so we don't publish it.
- Handover of records
When a strata management contract is terminated, the strata manager must return all of the strata company's records, including its records of account, and all keys and other property of the strata company that are in the manager's possession or control. The return must happen within 28 days after termination, and that deadline applies even if the manager has applied for a review of the decision to terminate. The strata company may instead agree to the property being collected by another strata manager it engages, or returned in some other way. The manager cannot exercise a lien or make any claim over property that must be returned.
- Commission position
We haven't checked this against the Act yet, so we don't publish it.