Here at RUBICON Body Corporate Services, we like to help you not only with the better management of your body corporate, but too with the sometimes difficult task of switching to a new Body Corporate Manager.
1. Services to the Body Corporate
RUBICON Body Corporate and Strata Services guarantees to deliver a high and diverse level of services to your body corporate, and prides itself on its emphasis on quality, client focused service, and providing expert advice to your body corporate and its committee.
Our Specialised Body Corporate Services
In addition to the delivery of quality body corporate management and administrative services, RUBICON can also assist your body corporate with a range of additional legal services which your body corporate might require from time to time, thus avoiding the need for the engagement of lawyers.
- Issues concerning the performance of the resident or on-site manager; or
- The transfer of management rights to a new resident manager
- Questions relating to the interpretation of legislation
- Applications to the Office of the Commission, and
- Debt recovery proceedings for unpaid contributions.
Reports and Insurance Services
RUBICON Body Corporate Services can also co-ordinate the preparation and presentation of a range of reports which your body corporate might require from time to time.
- Sinking Fund Forecast Reports
- Insurance Valuation Reports
- Safety Reports and Audits
- Maintenance Reports
- Workplace Health and Safety Reports
In addition to the annual review and renewal of your body corporate’s insurance policies, RUBICON will arrange at your request the renewal of all body corporate insurances, and will attend to the preparation and lodgement of all body corporate insurance claims, and ensure that they are satisfactorily resolved.
Advocacy, Representation, and Dispute Resolution Services
In disputes before the Commissioner’s Office, Body Corporate and Community Management Tribunal, or the Commercial and Consumer Tribunal, RUBICON Body Corporate Services is fully equipped to provide your body corporate with expert information, advice, (and, if instructed) representation.
2. Services to the Committee
With the introduction of the Code of Conduct for Committee voting members in 2007, being a voting member of a body corporate committee got significantly more complex. A key requirement of the Code is that a committee voting member must have:
“…a commitment to acquiring an understanding of the Act relevant to the member’s role on the committee.”
We at RUBICON Body Corporate Services will be there at every meeting, informing the committee and the Body Corporate of all relevant and applicable legislative requirements. In short, engaging us is the best insurance your committee could have in confirming that members understand the legislation and its requirements. We take the hard work out of being a committee member, leaving you and your committee free to concentrate on the management of your body corporate.
3. Services to the Owners
Searches, Advice and Strategy, Advocacy
Assuming a conflict of interest does not exist with a body corporate by which we are engaged, RUBICON Body Corporate Services are happy to accept instructions from individuals owners for a range of services which an owner might require. For example, information, advice, and, and if necessary, advocacy services to owners where a potential dispute has arisen or might arise with your body corporate or another owner.
Information on Body Corporate Procedures
RUBICON Body Corporate Services are able to provide information and advice to owners on all body corporate requirements and procedures. From representation at a meeting to wanting to make improvements to your lot, just ask us. We’ll tell you in plain English what the legislation requires.
4. Services to the Developers
RUBICON Body Corporate Services offers to developers and to bodies corporate which have not been previously established or operational, a full range of body corporate establishment services. This includes advice on the preparation of administrative and sinking fund budgets requirements of disclosure statements, requirements for a community management statement and appropriate by-laws, convening of all necessary body corporate meetings to establish the body corporate, establishment of the body corporate roll, registers, accounts and other records, and all other procedures a new body corporate might require.
How to Switch to a New Body Corporate Manager
If you or your body corporate are considering the appointment of a new body corporate manager, but don’t know how to proceed, RUBICON Body Corporate Services can help.
Once you or your committee have contacted us, we will offer to arrange a confidential meeting to discuss your requirements, or alternatively, provide a management proposal to you. Should you or your committee wish to proceed, RUBICON Body Corporate Services can provide advice and assistance on all steps in the process of appointing a new body corporate manager, and how to deal with the existing manager.
In particular, RUBICON Body Corporate Services can assist by working in consultation with your committee, at no cost, to ensure that the wishes of the body corporate to appoint a new manager are not circumvented by the actions of the existing manager.
Please note that the process of appointing a new body corporate manager takes time. We recommend that it be commenced a minimum of 3 months before the AGM of your body corporate is to be held. Importantly, you need to be ready to instruct the existing body corporate manager at the budget committee meeting.
What to Expect When Appointing a New Body Corporate Manager
- If a body corporate intends to change its body corporate manager, the committee needs to take pro-active steps in the lead up the AGM to ensure that a new body corporate manager is appointed at that meeting to take over the responsibilities for managing the building.
- The appointment of a new body corporate manager can only be achieved at a general meeting. The committee, or an owner, must submit a motion proposing the appointment of a new manager to the annual general meeting of the body corporate, which is determined by ordinary resolution.
- Ideally, the committee should undertake their research and due diligence of potential body corporate managers before the budget committee meeting. Having undertaken this research, at the budget committee meeting, the committee should instruct the existing manager what the committee proposes in respect of future body corporate management.
- At the Budget Committee Meeting, the committee may instruct the existing manager not to include a motion for its own re-appointment as manager, but rather, to include a motion for the appointment of an alternative body corporate manager chosen by the committee.
- Alternatively, a body corporate, or owners, might propose competing motions for appointment of a body corporate manager. For example, this might include a motion with alternatives, namely the option to re-appoint the existing manager, or in the alternative, to appoint a new body corporate manager. In this instance, it is simply for owners to determine based on voting at the AGM which body corporate manager is to be appointed.
- With any motion for the appointment of a body corporate manager, the committee or an owner submitting the motion may include a 300 word explanatory note. The intent of the explanatory note is to present a case for the appointment of the body corporate manager proposed; in essence, why the body corporate should appoint this manager.
- No proxies are allowed to be exercised in voting for a motion to appoint a body corporate manager.
Where you Stand Legally When Looking to Switch Body Corporate Managers
- Body corporate managers are appointed for a maximum of three years, and more often than not, are re-appointed at the AGM each year. This avoids the need for any second or competing motion by another body corporate manager being submitted.
- Body corporate managers usually seek to avoid any competition in their re-appointment, and often include their own motion for re-appointment, without authorisation of the committee, which should not occur.
- A body corporate is not compelled to re-appoint its current body corporate manager. A body corporate is entitled to allow the current manager’s appointment to simply expire, and not be renewed. If it does so, the body corporate is not in breach of contract. Nor is the body corporate liable to penalties or costs (other that any costs associated with the manager continuing until a new manager is appointed).
- Dispute resolution involving the body corporate and your appointed manager with the Commissioner’s Office on performance related issues is costly, time consuming and not effective. This is because there is no real or effective sanction an Adjudicator can impose on a non-performing or incompetent body corporate manager. The best and most effective remedy for a body corporate is to appoint a new body corporate manager.