Best practiceBody Corporate Manager

Changing Body Corporate Managers

We gained a new client this month – a small three lot townhouse complex in Ashgrove.  The retiring Body Corporate Manager was unresponsive to their needs.  An existing one year management contract was about to expire and the lot owners wanted to change management.  AGM documentation had already been issued proposing the existing Body Corporate Manager to be recontracted.  The lot owners wanted the AGM deferred and new motions inserted.  However, the Body Corporate Manager became hard to contact and unresponsive to their requests.  We were quickly able to help them.  A motion outside of a general meeting was formulated by us to – appoint Tracsafe as the new Body Corporate Manager, affirm the non-renewal of the retiring manager, defer the AGM until reformulated by the Committee, authorise us to collect all assets from the retiring BCM.  All lot owners signed the motion, scanned and emailed the motion to our office.  We then enacted the motion and worked with the retiring Body Corporate Manager to effect a smooth transition.  The lot owners were able to sit back and relax.  We find this approach works well for small Bodies Corporate up to about six lots.  It is also a good approach where lot owners do not feel comfortable working with a retiring BCM once they have chosen not to renew a Body Corporate Manager contract.  Generally, all lot owners are in email contact and have formed a common view.  The approach is much harder to enact for larger Bodies Corporate for two reasons.  Firstly, not all lot owners may be in contact with each other and secondly – getting complete agreement from all lot owners may be hard (A motion outside of general meeting must be agreed in writing by every lot owner for the motion to be carried).