The owners corporation, the committee or a delegate can remove a manager, but this can involve complex legal and contractual issues. An owners corporation removing a manager should make this decision at a general meeting. A manager whose appointment is terminated has 28 days to return all funds and records to the owners corporation. It is also important to consider the Contract of Appointment [CoA] your owners corporation has with the current manager. Be sure to check if there are details of notice periods and the length an appointment was signed for. If the owners corporation terminates a manager prior to the appointment expiry the owners corporation may have to pay out the term of the appointment. In the OCV endorsed CoA a variety of mechanisms are provided to enable an owners corporation to terminate the Manager’s services including:- • termination for fundamental breach after written notice; • termination after the initial term by the owners corporation at a general meeting only – the owners corporation by this clause agrees and resolves that the committee or delegate does not have power or function to terminate the OCV CoA. The OCV CoA can accordingly only be terminated by resolution at a general meeting of the owners corporation. |