The Body Corporate How-To Guide (Tasmania)

How to change your body corporate manager in Tasmania

Tasmania’s framework is lighter-touch than the mainland’s, which makes the written agreement the centre of gravity.

Step 1: Get the management agreement

A Tasmanian body corporate manager has only the powers the body corporate gives them, and those powers should be set out in a written agreement between the manager and the body corporate. Obtain it and check:

1. The term and expiry date
2. The termination clause — notice period, method of service, and grounds
3. The scope of delegated powers — what the manager can actually do without direction

If no written agreement exists, the manager’s authority is genuinely unclear — that alone is a strong reason to regularise the arrangement or change providers, and it substantially weakens any resistance to termination.

Step 2: Resolve to change

The manager carries out functions subject to the direction of the body corporate and/or the committee of management. In practice:

• Where the committee of management holds delegated authority over the engagement, it can resolve to terminate and appoint per the agreement’s terms
• Where it doesn’t, put the decision to the body corporate at a general meeting by ordinary resolution — a majority of members constitutes a quorum
• Where the decision may be contested, the general meeting route is the safer one regardless

Step 3: Compare candidates on total cost and conflicts

Get proposals from every credible operator servicing your region — Hobart and Launceston have the deepest markets. Compare total remuneration, not headline fee, and ask each candidate in writing what commissions or benefits they receive from insurance placed for schemes they manage. The Strata Titles Act 1998 requires the body corporate to insure the entire site under one policy plus public liability — that premium is where hidden manager income usually lives.

Step 4: Give notice and manage the handover

Serve written notice strictly per the agreement, then ensure the outgoing manager returns all records, funds, the roll and insurance documentation. Document the incoming manager’s delegated powers precisely in the new written agreement — Tasmania’s “only the powers given” principle means a vague agreement creates a vague manager.

How to lodge a motion at a general meeting

1. Submit the motion in writing to the secretary or committee before the notice of meeting issues, drafted as a proposed resolution
2. Check your by-laws. Tasmania’s Model by-laws (Schedule 1 of the Act) apply unless your body corporate has registered its own — they govern meeting procedure, quorum (a majority of members) and much of daily scheme life
3. Attach quotes and supporting material for any spending motion so owners vote on concrete terms
4. The AGM must deal with the annual business — insurance, accounts, committee election — and an extraordinary general meeting can be convened for anything that can’t wait

How to raise an issue with the committee of management

Write to the secretary asking for the item to be listed at the next committee meeting, framed as a proposed decision with costs attached. The committee acts under the body corporate’s direction, so if a committee refuses to act, the escalation path is a motion at a general meeting directing it — the body corporate in general meeting remains supreme.

How to access body corporate records in Tasmania

Lot owners can inspect the body corporate’s records — minutes, accounts, insurance policies, agreements and the roll:

1. Apply in writing to the body corporate (via the secretary or manager)
2. Certificates issued by a body corporate are dealt with under section 149 of the Strata Titles Act 1998. Section 83 concerns contributions, not certificates.
3. As an owner, check the insurance placement annually: the Act requires one policy covering all buildings and improvements for full rebuild value — confirm the sum insured is backed by a current insurance valuation, and see what commission the broker or manager takes from the premium

How to resolve a strata dispute in Tasmania

Tasmania’s pathway is distinctive — the Recorder of Titles has a formal dispute role most owners don’t know about:

1. Internal first. Raise the issue in writing with the committee, proposing a specific outcome
2. Recorder of Titles. Owners can apply to the Recorder for relief on a range of strata matters — including orders requiring the body corporate to comply with its obligations (for example, failure to insure)
3. TASCAT. The Tasmanian Civil and Administrative Tribunal handles strata disputes including by-law breaches and compliance notices — it can impose penalties for non-compliance (up to 50 penalty units for failing to comply with a compliance notice)
4. Insurance failure has a self-help remedy: if the body corporate fails to insure, a lot owner may take out the required insurance and recover the cost from the body corporate

Quick reference: Tasmanian strata terminology

This guide is general information, not legal advice. Tasmania’s Strata Titles Act 1998 differs materially from mainland regimes — check your by-laws and management agreement, and consider advice from CBOS Tasmania or a solicitor before terminating a manager.