There is no single Australia-wide notice period. The correct period depends on your state or territory, the signed management agreement, whether you are ending the appointment early or not renewing it, and the reason for termination. Always check the contract and the current state law before serving notice.
There is no single notice period that applies to every strata scheme in Australia. The correct period depends on your state or territory, the signed strata management agreement, whether you are ending the appointment early or simply not renewing it, and the reason for termination.
In NSW, for example, early termination is generally governed by the management agreement and the owners corporation must follow the contract's termination process. Separate statutory notice rules apply in some expiry and extension situations.
Do not assume that every scheme must give 30, 60 or 90 days, or that NSW always requires three months. Read the contract and the current state law before serving notice.
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For early termination of a NSW strata managing agent, there is no universal statutory notice period that replaces the contract. NSW Government guidance says the management contract will state when and how the agreement can be ended, and the owners corporation should check its early termination conditions.
The owners corporation must also validly decide to remove the manager. NSW Government guidance says the motion requires a majority vote at an AGM, or an EGM if owners do not want to wait for the AGM. If the motion passes, the owners corporation must write to the strata manager.
For expiry and extensions, NSW has additional notice rules that are easy to confuse with early termination.
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It is not accurate to say NSW always requires a minimum of three months' notice to terminate a fixed-term strata manager.
Three months matters in a specific expiry-extension scenario. Early termination during the term depends on the management agreement and any statutory or Tribunal rights.
Victoria places limits on how much notice a manager's contract can require before the owners corporation revokes the appointment.
For contracts entered into on or after 1 December 2021, a term is void if it requires a tier one or tier two owners corporation to give three months or more notice of its intention to revoke the appointment. A term is also void if it requires a tier three, four or five owners corporation to give one month or more notice.
If an appointment is treated as renewed because the owners corporation failed to give the required non-renewal notice, either party may terminate the renewed contract with at least one month's written notice, or a shorter period if the contract allows.
Do not assume the notice clause is enforceable just because it appears in the contract. Consumer Affairs Victoria identifies specific notice terms that are void for contracts entered into on or after 1 December 2021.
For a Queensland body corporate manager, the written engagement and the Body Corporate and Community Management legislation both matter.
Where the manager agrees to termination or the contract itself permits termination, the body corporate follows the contractual terms and the required general-meeting resolution.
If the body corporate seeks to terminate because the manager failed to perform duties or comply with the Act or code of conduct, it must first issue a remedial action notice. The notice must give the manager no less than 14 days to fix the issue. If the manager does not comply, the body corporate can then terminate by ordinary resolution at a general meeting.
Queensland's minimum 14-day period applies to the remedial action notice used for specified performance or compliance failures. It does not mean every body corporate manager can be terminated on 14 days' notice.
Western Australia has a detailed statutory process for a strata company terminating a strata management contract on proper grounds.
Before terminating under section 151 of the Strata Titles Act 1985, the strata company must give the manager a written show-cause notice. The manager must be allowed at least 14 days to make written submissions.
If, after properly considering any submissions, the strata company decides to terminate on proper grounds, the written termination notice must specify an effective date that is not less than 28 days after the date of the termination notice.
For simple non-renewal at the natural end of the contract, Landgate advises strata companies to check automatic rollover provisions and give the appropriate contractual notice.
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South Australian strata legislation gives a strata corporation a statutory right to end certain longer manager contracts after the contractual relationship has run for at least 12 months.
Where that right applies, the corporation must give at least 28 days' written notice, unless the contract specifies a shorter period.
This statutory right is additional to other lawful termination rights. If the corporation wants to end the contract before the end of its term because of poor performance or breach, legal advice is recommended.
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