Disputes about building manager agreements are resolved at a NSW Civil and Administrative Tribunal (Tribunal) hearing if they are not resolved at mediation or determined inappropriate for mediation.
Only an owners corporation can apply to the Tribunal for an order to resolve a dispute with a building manager. The Tribunal, in dealing with a building manager dispute can make the following orders:
- terminate an agreement
- require payment of compensation by a party to the agreement
- change, confirm or declare invalid the terms and conditions of the agreement
- dismiss the application.
The Tribunal may make an order terminating agreements entered into. Under the following grounds:
- the building manager’s unsatisfactory performance under the agreement
- unfairness of charges paid
- the agreement is harsh, oppressive, unconscionable or unreasonable.
- the building manager fails to disclose an interest.