Can You Change Strata Managers Mid-Contract in Batemans Bay?
NSW termination rules, EGM steps and a safe handover for Eurobodalla owners corporations
Yes. A Batemans Bay owners corporation may be able to change strata managers before the current appointment expires, but it cannot simply treat the agreement as finished because the committee is unhappy. The first job is to read the signed strata management agency agreement. That document should show the appointment term, early-termination rights, notice requirements, fees and dispute process. The owners corporation must then make the required decision at a properly convened general meeting. If the agreement does not provide a workable exit, the owners corporation may consider a negotiated end date or an application to the NSW Civil and Administrative Tribunal.
That short answer matters because several different situations are often described as "changing strata managers". Letting an appointment expire is not the same as ending it early. Accepting a mutual surrender is not the same as alleging breach. Appointing a replacement is also a separate decision from terminating the current agreement.
For a scheme in Batemans Bay, Batehaven, Catalina, Surfside, Long Beach, Sunshine Bay, Denhams Beach, Surf Beach, Malua Bay, Broulee, Tomakin or Moruya, a carefully planned change can protect access to records, contractor history, insurance information and current maintenance work. A rushed change can leave the incoming manager trying to reconstruct unresolved issues at exactly the wrong time.
This guide explains the practical NSW pathway and the local details a Eurobodalla committee should consider. It is general information, not legal advice about a particular contract or dispute.
Start by identifying which change you are actually making
Before discussing a new agency, separate the proposed change into one of four pathways.
Non-renewal at expiry. The appointment reaches its agreed end date and the owners corporation decides not to appoint the same agent again.
Early termination under the agreement. A clause allows the agreement to end before expiry if stated conditions and notice requirements are met.
Termination by mutual agreement. The owners corporation and agent agree in writing to bring the appointment to an end on negotiated terms.
A Tribunal order. The owners corporation applies to the NSW Civil and Administrative Tribunal for an order about, or termination of, the agreement.
These pathways have different evidence, timing and cost implications. A committee that is six weeks from expiry may decide that orderly non-renewal is more proportionate than starting a contested termination. A scheme with a long period left, serious unresolved problems and no practical contractual exit may need specialist legal advice about negotiation or the Tribunal.
The distinction also prevents a common mistake: assuming that passing a motion alone cancels every contractual obligation. A general-meeting resolution records the owners corporation's decision, but the contract and applicable law still determine how and when that decision can take effect.
Why this question arises differently in Batemans Bay
The legal framework is statewide, but the operational risk of a changeover is local.
Many Batemans Bay and Eurobodalla schemes include a mix of permanent residents, holiday-use apartments and owners who live in Canberra, Sydney or interstate. Committee members may not be able to inspect common property at short notice. They often depend on reliable photographs, written maintenance updates and a manager or contractor who can attend locally.
The timing of a change can therefore affect more than administrative convenience. Consider whether the current records include:
open roof, drainage, waterproofing or water-ingress matters before a wet period
corrosion, concrete or balustrade investigations in salt-exposed buildings
current fire-safety inspections and annual statement tasks
pool servicing, access systems and waste arrangements before a holiday peak
insurance claims, renewal information or outstanding assessor requests
contracts for gardening, cleaning, lifts, pumps, gates or essential services
planned capital works and quotations already obtained from Eurobodalla contractors
levy arrears, payment arrangements and upcoming invoice commitments
keys, remotes, access codes and site-specific emergency contacts.
A villa scheme in Batehaven will not have the same handover priorities as a larger apartment building close to the Batemans Bay town centre. A hillside development in Long Beach may have retaining-wall and drainage history. A coastal complex at Surf Beach or Malua Bay may have recurring salt exposure and water-entry records. The process for changing managers remains the same, but the handover checklist should reflect the actual building.
This is why a local article should not reduce the decision to "get three quotes and vote". The committee must understand the present appointment, choose a lawful pathway and prepare a transition that keeps the scheme operating.
Step 1 Obtain the complete signed management agreement
The NSW Government guidance on appointing and removing strata managers says that a copy of the strata managing agent agreement must be available to the owners corporation at all times. Ask for the complete signed version, including schedules, annexures, variations and any later extension or renewal documents.
Do not rely on an old proposal, a fee summary or an unsigned template. The committee needs the document that records the current appointment.
Check at least the following:
the legal name of the agent and the owners corporation
the strata plan number and property address
the appointment commencement and expiry dates
any extension, renewal or holdover provisions
the functions delegated to the agent
early-termination rights and the events that activate them
any requirement to give notice or an opportunity to remedy a problem
how a notice must be served and when it is taken to be received
fees or costs said to apply on early termination
dispute-resolution steps
record, fund and property handover provisions.
Also find the general-meeting minutes and resolution that appointed the current agent. This helps confirm what owners approved and whether later changes were properly recorded.
If a clause is unclear, internally inconsistent or likely to produce a significant charge, the owners corporation should obtain independent legal advice before acting. A replacement manager can explain their proposed service and practical onboarding needs, but should not be treated as the scheme's lawyer in a disputed contract termination.
Step 2 Check the expiry position before escalating
The expiry date can change the sensible strategy. Under current NSW Government guidance, an agent appointed at the first annual general meeting can be appointed for no more than 12 months. Later strata management agreements can run for up to three years. The agent must give notice of the agreement's expiry between three and six months before the expiry date.
There are also limited extension provisions described in the NSW guidance. For example, where an appointment ends before the next AGM, the strata committee may be able to extend it in increments of up to three months until the AGM. In some circumstances involving a three-year agreement and insufficient written non-renewal notice, an agent may be able to extend the agreement for an extra three months.
The committee should therefore build a one-page chronology:
original appointment date
current expiry date
any expiry notice received
any extension already approved or invoked
next scheduled AGM date
earliest realistic EGM date
proposed incoming appointment date.
This simple chronology can reveal that the scheme is dealing with an expiry and replacement—not a true early termination. It can also expose a timing gap between outgoing and incoming appointments. The owners corporation should avoid accidentally leaving nobody authorised to perform functions it expects a managing agent to perform.
Step 3 Record the service problem in neutral, usable terms
Committees sometimes begin with broad conclusions such as "nothing gets done" or "communication is terrible". Those statements may reflect genuine frustration, but they are difficult for owners, advisers or a Tribunal to assess.
Convert each concern into a dated record. Examples include:
an email sent on a stated date, followed up twice, with no response by a stated date
a committee instruction recorded in minutes but not actioned
a contractor quotation requested but not presented to the committee
an invoice or budget variance that has not been explained
an insurance commission or other benefit that the committee says was not adequately disclosed
an urgent repair where the communication trail is incomplete
records requested by an authorised person but not made available as expected
a meeting or compliance task that was missed or delayed.
Use an action register with the issue, date raised, responsible person, follow-up dates, present status and supporting document. Keep correspondence factual. Avoid personal attacks, speculation and group-email arguments.
This exercise serves three purposes. It gives the current manager a fair opportunity to understand and address the problem. It helps owners make an informed decision. If negotiation or formal dispute resolution becomes necessary, it creates a coherent evidence file rather than a collection of impressions.
Not every service concern justifies an immediate contested termination. A change in the individual manager, an agreed response protocol, clearer committee instructions or resolution of an old backlog may repair the relationship. The committee should test that possibility unless the circumstances make it inappropriate.
Step 4 Use the agreement's notice and remedy process
If the agreement contains an early-termination clause, follow it precisely. The clause may require written notice describing the alleged failure, delivery to a nominated address and a stated period in which the agent can remedy the issue. It may distinguish between a remediable breach, serious breach, insolvency, loss of licence and termination without cause.
The committee should not invent a notice period or assume that an ordinary email to its day-to-day contact is valid service. Confirm:
who is authorised to issue the notice for the owners corporation
whether a general-meeting resolution is required before the notice is sent
the address or email specified for formal notices
the exact event or clause relied upon
the documents that support the statement
the remedy sought and the deadline
what happens if the issue is remedied or not remedied.
Where the stakes are significant, have a strata lawyer review the proposed motion and notice. A technically defective notice can create delay, cost and uncertainty even where the committee has legitimate complaints.
The NSW Government also warns owners corporations to examine contract terms that impose excessive charges for ending an agreement and to consider potential unfair contract terms. That does not mean every exit fee is automatically invalid. It means the actual wording and circumstances should be assessed, particularly before the owners corporation commits to a termination date or expense.
Step 5 Compare replacement proposals before the meeting
Ending one appointment without a credible transition plan can replace a service problem with a governance problem. Before the general meeting, obtain written proposals and identify who would personally manage the scheme.
The NSW Government recommends comparing at least three proposals and considering experience, communication, fee clarity and the contract conditions for changing manager before expiry. For a Batemans Bay owners corporation, the comparison should also test local operating capacity.
Ask each shortlisted agency:
who will be the licensed strata manager for this scheme
where that person is based and when they attend Batemans Bay properties
who provides backup during meetings, leave or site attendance
how urgent and routine matters are acknowledged and tracked
how committee members and non-resident owners access records and financial information
how local quotations, site access and contractor follow-up are handled
what the base fee includes and which tasks attract an additional charge
whether the agency receives insurance commissions or contractor benefits
what onboarding information is required and how open matters are transferred
what its own agreement says about expiry and early termination.
This article does not repeat the broader selection criteria covered in How to Find a Good Strata Manager on the NSW South Coast. Use that guide for due diligence; use the present guide for the early-change pathway.
The preferred draft agreement should be available to owners with the meeting material. NSW Government guidance says the preferred draft agreement must be attached to the AGM agenda before appointment. It also notes an additional requirement where anticipated fees exceed $30,000: two independent draft management agreements must be attached. Committees should get current advice on the documents required for their particular meeting and proposed appointment.
Step 6 Put the decisions to the owners corporation
The strata committee can research the problem, collect proposals and recommend a course. The appointment of a strata managing agent is a decision for the owners corporation at a general meeting.
According to the NSW Government, a new manager can be appointed by majority vote at an AGM. If the owners corporation cannot wait, it can appoint at an extraordinary general meeting. The government's removal guidance likewise says to put the proposed removal to the next AGM or call an EGM if the scheme needs to proceed sooner, with a majority vote required.
The agenda should separate the decisions clearly. Depending on the circumstances and legal advice, the business may address:
the owners corporation's decision about the current appointment
authority to give required written notice or sign an agreed termination deed
approval of any negotiated payment or documented transition term
appointment of the new agent under the attached agreement
delegated functions, fees, commencement date and term
authority for nominated office bearers to sign documents and manage the handover.
Do not hide a contested termination inside a vague motion headed "strata management". Owners should receive enough information to understand what they are voting on, the proposed timing, the financial effect and the replacement arrangement.
Allow for the statutory meeting-notice process, document delivery and time for owners to ask questions. That is particularly important in Batemans Bay schemes with owners living outside Eurobodalla. A rushed agenda may reduce participation and increase the risk of a procedural challenge.
Accurate minutes should record the resolutions as passed. After the meeting, send the required written communication to the outgoing agent and obtain confirmation of the operative end date and handover contact.
Step 7 Consider a negotiated exit where appropriate
Sometimes the agreement contains no convenient right to terminate immediately, yet neither party benefits from continuing a damaged relationship. A negotiated termination can provide a controlled alternative.
Possible terms include:
an agreed final service date
which regular and additional fees remain payable
treatment of any disputed invoice or proposed termination charge
completion or transfer of urgent matters
the format and timing of records and financial data
transfer of bank authorities, investments and funds
access credentials, keys and physical property
communication to owners, contractors and insurers
mutual releases, if legally advised and agreed.
Any agreement should be documented by people with authority to bind the parties. If a deed or release is proposed, independent legal review is prudent. The committee should also ensure that the owners corporation has passed the necessary resolutions; two committee members informally agreeing with an agency representative may not be enough.
A negotiated exit is not an admission that the committee's concerns were unfounded. It is a practical mechanism for establishing certainty. The important point is that the owners corporation understands the cost, obtains proper approval and secures a usable handover.
Step 8 Know when the Tribunal pathway may be relevant
If the agreement does not offer a reasonable solution, or if there is a dispute about its terms or the agent's conduct, the owners corporation may consider the NSW Civil and Administrative Tribunal.
The NCAT list of strata schemes orders identifies an order under section 72 of the Strata Schemes Management Act 2015 to terminate a strata managing agent or building manager agreement, or make another order about the agreement. The applicant is the owners corporation. NCAT says evidence of attempted mediation and detailed information explaining why termination is sought must be attached.
For most strata disputes, NSW Fair Trading mediation is an important preliminary step. Mediation may also produce a workable exit without a hearing.
Tribunal proceedings should not be treated as a routine changeover tool. The owners corporation should understand:
the order it wants
the contractual and statutory basis relied upon
the resolution authorising the application
mediation requirements
evidence, witnesses and chronology
legal cost and time exposure
how the scheme will be administered while the matter is unresolved.
This is the point at which scheme-specific legal advice is especially valuable. A lawyer can assess the agreement, advise on evidence and draft the proposed orders. The incoming manager can prepare for onboarding, but should remain separate from the owners corporation's legal decision-making.
Step 9 Plan the handover around the building, not just the files
A successful handover is a controlled transfer of authority, money, knowledge and current work. It is not complete merely because several archive folders have arrived.
Create a handover register covering:
strata roll and owner contact information
agendas, minutes, resolutions and correspondence
by-laws and any current compliance action
trust-account balances, bank details, investments and reconciliations
budgets, levy schedules, arrears and creditor information
invoices awaiting approval or payment
insurance policies, claims, valuations and renewal correspondence
service contracts, warranties, consultant reports and certificates
maintenance history, quotations, work orders and outstanding defects
fire-safety, lift, pool and other compliance records relevant to the scheme
keys, remotes, access codes and security arrangements
Strata Hub information and other digital records
current disputes, legal files and deadline-sensitive matters.
Then add a Batemans Bay continuity list. Identify the local contractor for every open job, the last site attendance, who holds access and what must happen next. Mark weather-sensitive works, active leaks, unsafe conditions and insurance-response deadlines as priorities. Confirm who owners and residents call after the outgoing appointment ends.
The incoming manager should reconcile opening financial balances against the transferred statements and record any missing material. The committee should receive an early transition report listing what has been obtained, what remains outstanding and which matters require a decision.
Avoid sending sensitive strata records through uncontrolled personal email accounts or shared links with no access restrictions. Agree on a secure transfer method and keep an audit trail.
A practical Batemans Bay decision checklist
Before recommending an early change, the committee should be able to answer these questions:
Do we have the complete signed agreement and appointment minutes?
Is this an expiry, contractual early termination, negotiated exit or Tribunal matter?
What exact service concerns are documented?
Have we followed any notice and remedy steps?
What financial cost or exposure could arise?
Has the owners corporation received a suitable replacement proposal and draft agreement?
Will the AGM timing work, or is an EGM justified?
Are the motions, supporting documents and voting pathway clear?
Who will manage urgent building matters during the transition?
What local records, contractors, keys and site knowledge must be transferred?
If several answers are uncertain, pause and obtain the missing information. Speed matters less than a defensible decision and an uninterrupted handover.
How Essential Strata Management can assist
Essential Strata Management's Batemans Bay office can provide a confidential proposal and practical transition plan for an owners corporation considering a change. Our local office is at 4/5 Orient Street, Batemans Bay, and Cohen Eder is the licensed strata manager servicing the area with support from the wider Essential and Ellouise Tyrrell Property Group team.
We manage a diverse portfolio with buildings from 3–100 lots. Our proposal can identify the person responsible for the scheme, included services, additional fees, reporting access, onboarding requirements and the proposed management agreement. Essential does not receive insurance commissions or financial incentives from contractors. For more detail about why that disclosure matters, see our separate article, Strata Insurance Commissions Explained.
We can review the available scheme information from an onboarding perspective, identify documents needed for a proposal and prepare a handover checklist tailored to the building. Where the existing contract is disputed or a formal termination notice is required, the owners corporation should obtain independent legal advice.
To request a confidential Batemans Bay strata management review, call 02 4415 9447 or email reception@essentialstrata.com.au. Providing the current management agreement, latest AGM minutes, recent financial statements and a short list of open matters will help us prepare a relevant response.
Frequently asked questions
1 Can the strata committee dismiss the manager by itself?
Generally, the committee can investigate, gather proposals and make a recommendation, but the owners corporation appoints the strata managing agent at a general meeting. The NSW Government says a majority vote is required. The agreement may also require particular steps before an early termination takes effect.
2 Do we have to wait until the next AGM?
Not necessarily. NSW Government guidance says an owners corporation that cannot wait for the AGM can appoint a manager at an EGM. Whether it is sensible to call an EGM depends on the contract, time remaining, seriousness of the problem, cost and readiness of the replacement proposal.
3 Does a majority vote automatically end the current contract?
No. A resolution is essential, but it does not erase contractual rights and obligations. The owners corporation must follow the applicable termination clause, reach a mutual agreement or obtain an appropriate Tribunal order. Legal advice may be needed before implementing the resolution.
4 What if we cannot find the signed agency agreement?
Request it from the current agent and check the owners corporation's records, appointment minutes and any renewal documents. NSW Government guidance says a copy must be available to the owners corporation at all times. Do not act from an unsigned proposal or assumed expiry date.
5 Can the agent charge an early-termination fee?
The answer depends on the agreement and the circumstances. Check the exact clause, amount and trigger. NSW Government guidance encourages owners corporations to consider whether charges for ending an agreement are excessive and whether contract terms may be unfair. Obtain legal advice before accepting or disputing a significant charge.
6 What evidence should our Batemans Bay scheme collect?
Keep the signed agreement, meeting minutes, dated correspondence, action register, financial queries, maintenance instructions, contractor records and any commission disclosures relevant to the concern. For local continuity, also record urgent works, site access, keys, weather-sensitive repairs and active insurance matters.
7 Is NSW Fair Trading mediation required before NCAT?
NCAT identifies mediation as required for a section 72 application concerning termination of a strata managing agent agreement. Check current exemptions and application requirements for the exact order sought. A strata lawyer can help the owners corporation prepare its evidence and proposed orders.
8 Should we appoint the new manager before receiving the old records?
The owners corporation can resolve to appoint the incoming agent with a commencement date coordinated to the outgoing appointment. The transition should avoid an authority gap and identify who receives the records. The incoming agreement and handover responsibilities should be clear before the change takes effect.
9 How early should a committee start reviewing its options?
Start as soon as recurring concerns are documented or the expiry notice is received. Early preparation gives owners time to review the agreement, compare proposals, obtain advice and plan the meeting. Even where the committee ultimately waits for expiry, the extra time usually produces a cleaner Batemans Bay handover.
Considering a change of strata manager? Learn more about Essential Strata Management in Batemans Bay and contact our team to discuss your scheme's needs and a tailored management proposal.
Official NSW resources
NSW Government guidance on appointing and removing strata managers
NSW Government guide to running strata meetings
NSW Fair Trading strata dispute resolution
Strata Schemes Management Act 2015
Information current at 14 September 2026. This article provides general information for NSW strata schemes and is not legal advice. Contract terms and circumstances differ, so an owners corporation should obtain independent legal advice where termination rights or liabilities are disputed.
