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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 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.
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