The Strata & Community Titles How-To Guide (South Australia)

How to change your strata manager in South Australia

Step 1: Confirm which Act applies, then get the contract

Your certificate of title (or your levy notices) will identify the corporation. Then obtain the current management contract from the secretary, presiding officer or the manager. Check the term, the termination and notice provisions, and any renewal mechanism.

Step 2: Understand who decides

Under the Strata Titles Act 1988, strata managers (also called body corporate managers in SA usage) are appointed at a general meeting by ordinary resolution — although the power to appoint can be delegated to the management committee. So the pathway depends on your corporation:

• If the power has been delegated: the management committee can resolve to change managers
• If not: the decision goes to a general meeting (AGM or a specially convened general meeting) by ordinary resolution

Community corporations under the 1996 Act follow a similar meeting-based structure with their own delegation rules — check the corporation’s articles/by-laws.

Step 3: Know the statutory backdrop

Two SA-specific points strengthen the corporation’s hand:

1. Managers must act in the corporation’s best interests — a manager who doesn’t can be liable in negligence to the corporation
2. The corporation’s legal responsibilities never transfer to the manager. SA corporations must still have a presiding officer, secretary and treasurer, all of whom must be unit holders, regardless of what’s delegated. The manager is an agent, not a replacement for governance

When comparing candidate managers, ask each in writing about insurance commissions and any other benefits they or related entities receive from the corporation’s business — commission conflicts sit poorly with a best-interests duty.

Step 4: Resolve, give notice, hand over

Pass the resolution through the correct pathway, give written notice per the contract, and document the delegation to the new manager precisely — SA law lists the specific powers a corporation may delegate (holding money, records, arranging insurance, etc.). The outgoing manager must return all records and funds belonging to the corporation.

How to lodge a motion at a general meeting

1. Submit the motion in writing to the secretary or presiding officer before the notice of meeting issues, drafted as a proposed resolution
2. Resolution types in SA:
   • Ordinary resolution — simple majority; most decisions, including manager appointment
   • Special resolution — the elevated threshold; needed for by-law (articles) changes and significant matters
   • Unanimous resolution — reserved for fundamental changes
3. Voting is by unit entitlement; check your scheme’s articles for quorum and proxy rules
4. If the committee won’t act on an issue, the general meeting is where owners can direct or override it — the corporation in general meeting remains the supreme decision-maker

How to raise an issue with the management committee

Write to the secretary requesting the item be listed at the next committee meeting, framed as a proposed decision rather than a complaint. Because SA requires the office-holders to be unit holders, your committee members are neighbours with skin in the game — a well-documented proposal with quotes attached tends to travel much further than an open-ended grievance.

How to access corporation records in SA

Unit holders (and prospective purchasers) can access the corporation’s records:

1. Apply in writing — minutes, financial statements, insurance policies, contracts and the roll are all inspectable
2. Buyer disclosure in South Australia is made through the Form 1 vendor’s statement under the Land and Business (Sale and Conveyancing) Act 1994. Separately, section 41 of the Strata Titles Act 1988 gives unit holders, mortgagees and prospective purchasers a right to apply to the strata corporation for access to its records, which must be provided within five business days. These are two different things, and only the Form 1 is a disclosure document.
3. As an owner, use records access to verify the insurance placement: the policy, the invoice, the broker, and any commissions being paid out of your premium

How to resolve a strata dispute in South Australia

1. Internal first. Raise the matter in writing with the committee or manager and propose a specific outcome
2. Mediation. Community mediation services can assist with neighbour-level disputes cheaply
3. The courts. SA strata and community titles disputes are principally dealt with by the Magistrates Court (minor civil claims jurisdiction for most matters), which can make orders resolving disputes between owners, corporations and managers
4. Consumer and Business Services (CBS) provides guidance on strata and community living and is the starting point for understanding your rights

Quick reference: SA strata terminology

This guide is general information, not legal advice. Confirm whether your scheme sits under the Strata Titles Act 1988 or the Community Titles Act 1996 — the details differ — and take advice before terminating a management contract.