Some points about the process to appoint a new Body Corporate Manager....
1. An incumbent Body Corporate manager has no authority to place a Motion on the Agenda of an AGM or EGM for his re-appointment unless that Motion is the result of a proper Resolution of the Committee, or has been submitted by an Owner.
2. To appoint a Body Corporate manager requires an Ordinary Resolution to be passed at a General Meeting (either the AGM or an EGM) of the Body Corporate.
3. No proxies are allowed to be exercised for this particular Motion.
4. If an Owner is submitting the Motion, and it is for an AGM, then like all AGM Motions it needs to have been submitted prior to the end of the Body Corporate's financial year.
5. If the Motion to appoint the manager is being submitted by the Committee, then the 'prior to Financial Year end' rule does not apply - the Committee may put Motions on the Agenda of the AGM right up until the time when the documentation needs to be sent out.
6. The Body Corporate may be presented with more than one proposed manager to choose from, this could occur because the Committee or any Owner submits multiple quotes/choices, or the Committee submits one proposed manager and an Owner or Owners submit their proposed manager. Either way, if Motions are submitted and there is more than one manager proposed, then the Act requires that all these Motions be combined into just one Motion - a 'Motion with Alternatives'.
7. If there is to be a 'Motion with Alternatives' then the order of proposed managers in this Motion i.e. who is listed as(a), who is (b) etc. should not be decided by the incumbent manager - it is a Committee decision.
8. If the Committee are proposing a new manager then the Committee should at least do some 'due dilligence' on who they are proposing so that they can properly make considered recommendations to all Owners - a summary of their recommendations should form part of an 'Explanatory Note' to their Motion.
9. The Term of the appointment cannot exceed 3 years.
10. If the Term proposed is only 1 year then there is no requirement for there to be more than one manager proposed, but because the total contract sum of a multiple-year Agreement would exceed the limit where only one quote was required, if the Term proposed is 2 or 3 years, there would need to be at least two managers proposed i.e. a 'Motion with Alternatives'. We recommend only making an appointment for 1 year - there would rarely be an advantage to a Body Corporate to do otherwise.
11. A Motion to appoint a Body Corporate manager should state the Cost of the contract, and the Term, and there must be a copy of that manager's draft Agreement document together with any Schedules included with the Meeting documentation sent out to all Owners - Owners always need to be given the opportunity to make an 'informed decision'.
12. The proposed Body Corporate manager's draft Agreement included with the meeting documentation needs to state a) the Term of the Agreement, b) when the Agreement starts and ends i.e. the Commencement Date and Expiry Date, and c) the Fee.
If you would like to discuss your present situation, or need any assistance or further explanation, just ask us.
Sample Motions you can use for appointment of a new Body Corporate manager
Here
are sample Motions in Word
format you can download and save to your computer, and amend to suit your circumstances.
The 4 documents cover these situations:
1. An Owner submitting
a Motion to appoint a Manager - 1 quote, one manager. Click here
to download
2. An Owner submitting a 'Motion with Alternatives'
to appoint a Manager - 2 quotes, 2 choices. Click here
to download
3. The Committee submitting a Motion to appoint
a Manager - 1 quote, one manager. Click here
to download
4. The Committee submitting a 'Motion with
Alternatives' to appoint a Manager - 2 quotes, 2 choices. Click here
to download
Our Agreement document
You can download here,
a draft copy of our current Agreement:
Strata3
Admin Agreement ![]()
If you wish, you can contact us in regard to our preparing a proposal to manage your Body Corporate.
(please note that we generally do not take over management of Schemes under about 50 Lots).

