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Managing Agent
Our managing agent is in breach of his contract, and of the STA and PMR. He does not answer our questions even though he promises to get back to us the next day. He promises to send out the minutes of our meetings, but does not do this. In general he does not care about our block. His contract starts from 1 August. Do we have to wait for a whole year to cancel his contract, or can we cancel it because he is in breach of his contract. If we can cancel it at any time because of breach of contract, how do we go about it? I will appreciate an answer on this one.
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RE: Managing Agent
Evidence! Evidence!
Put requests in writing and place on record the view that the MA is in breach - state reasons. Keep proper records.
Study the contract carefully and make sure the BC keep its nose clean.
Consider the expense of asking an attorney to send the cancellation letter.
RE: RE: Managing Agent
You do not say if you are a trustee or not. If not, bear in mind that a MA is not obliged to answer to any owner. You should then take the matter up with the board of trustees. They are the only ones who can deal with any transgression. If he is not performing the duties that have been set out in his written contract, it may be cancelled without notice.
Read Section 46 para (2) of the PMR.
RE: RE: RE: Managing Agent
Hi Tony Thank you for your reply. I am a newly appointed trustee. I have been elected as trustee on 8 July 2010. Our MA and chairperson have been running the block, and making decisions without consulting the other trustees. Unfortunately the other trustees are not interested in what is going on. We have not had an AGM since he became our MA. I have called a Trustee meeting on 5 August, and asked some questions regarding our finances. Our MA have promised to get back to us with answers, and the minutes of the trustee meeting, but has still not come back with the answers or the minutes of the meeting. Unfortunately the other trustees are not interested, and the chairlady insist that she is happy with the MA. I have written 2 letters to the MA to remind him to send out the minutes and to respond to my questions, but he and the chairperson just ignores me. I think that our block will be serviced much better if we had another managing agent. Can you please advise what I can do and how we should go about it if we should want to cancel the contract of the MA.
RE: Managing Agent
Hi
In terms of PMR 47 (iii) the owners may request a SGM (PMR 53) to terminate the MA's services by way of a Special Resolution. This should only be done if there is concrete proof of ALL the breaches of the contract/STA/Rules otherwise it could cost the BC a packet in compensation/damages.
RE: RE: Managing Agent
PMR 46(2)(a) might be a better Rule to invoke. This Rule provides for the immediate cancellation of the managing agent's contract.
See the library section of STO for details of this Rule.
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