How to Appoint Meek Mercier as your
Body Corporate Manager

Questions of a body corporate manager

• Are you as an owner, or your committee, satisfied with the performance of your appointed body corporate manager?
• Is your manager competent, and do they provide the skill and expertise your body corporate needs?
• How well does your manager know the complex legislation under which your body corporate operates, and how good is their advice to you?

These are all valid questions to ask of your body corporate manager.  

In Queensland, body corporate managers are not registered, regulated or required to obtain any formal qualification or level of training before undertaking their role. This leads to people who are not suitably qualified or experienced becoming body corporate managers, or worse, to incompetent managers continuing to operate without sanction.

From our extensive experience in dispute resolution with the Commissioners’ Office, Body Corporate and Community Management, we know that the actions or lack of performance by the appointed body corporate manager is often the underlying cause of disputes arising.

How does a body corporate select a competent body corporate manager?

This is difficult given the lack of any system for ensuring competence or minimum standards. It really is a case of “buyer beware”. Often, bodies corporate continue with a manager simply because the owners “inherited” that manager from the Developer, or owners think that the process of changing the manager is too difficult.

The most effective action a body corporate can take against a body corporate manager who is not performing or is incompetent is to appoint a new manager. This is not difficult for a body corporate to do, but does require the body corporate, through its committee, to take proactive steps. Obviously your existing body corporate manager will not assist you with this, but Meek Mercier Body Corporate Services can.

Here are some basic facts you should know:

• Body corporate managers are appointed for a maximum of three years, and more often than not, are re-appointed at the AGM each year. This avoids the need for any second or competing motion by another body corporate manager being submitted;
• Body corporate managers usually seek to avoid any competition in their re-appointment, and often include their own motion for re-appointment, without authorisation of the committee, which should not occur;
• A body corporate is not compelled to re-appoint its current body corporate manager. A body corporate is entitled to allow the current manager’s appointment to simply expire, and not be renewed. If it does so, the body corporate is not in breach of contract. Nor is the body corporate liable to penalties or costs;
• Dispute resolution involving the body corporate and your appointed manager with the Commissioner’s Office on performance related issues is costly, time consuming and not effective. This is because there is no real or effective sanction an Adjudicator can impose on a non-performing or incompetent body corporate manager. The best and most effective remedy for a body corporate is to appoint a new body corporate manager.

How to appoint a new body corporate manager

• If a body corporate intends to allow the body corporate manager’s appointment to expire and not be renewed, the committee should take pro-active steps to ensure that a new manager is appointed to take over the responsibilities for managing the building;
• To appoint a new body corporate manager, what is required is for a motion proposing the appointment of a new manager be submitted to a general meeting of the body corporate. The outcome of this motion is determined by ordinary resolution;
• Alternatively, a body corporate, or owners, might propose competing motions for appointment of a body corporate manager. For example, this might include a motion for the re-appointment of the existing manager, and in the alternative, a motion for the appointment of a new manager. In this case, it is simply for owners to determine which manager is to be appointed on the basis of voting at the meeting;
• If there is more than one manager proposed, then the Act requires that all Motions submitted be combined into a single ‘Motion with Alternatives’. The owner or the committee submitting the motion may include a 300 word explanatory note. The intent of the explanatory note is to present a case for the appointment of the manager proposed; in essence, why the body corporate should appoint this manager;
• No proxies are allowed to be exercised in voting for a motion to appoint a body corporate manager.

Meek Mercier can assist you – please contact us

If you or your body corporate are considering the appointment of a new body corporate manager, but don’t know how to proceed, Richard and Marc of Meek Mercier Body Corporate Services can help. Firstly, you should be satisfied that we have the necessary competence and skills to undertake the role. In this regard, we invite you to consider our background, expertise and skills outlined in this website.

We then invite you to contact us, on a confidential and no cost basis, to discuss the possibility of our appointment. Once you or your committee have contacted us, we will arrange a confidential meeting to discuss your requirements. Should you or your committee wish to proceed, Meek Mercier can provide advice and assistance on all steps in the process of appointing a new body corporate manager.

In particular, Meek Mercier Body Corporate Services can assist by working in consultation with your committee, and at no charge, to ensure that the wishes of the body corporate to appoint a new manager are not circumvented by the actions of the existing manager.

Please note that the process of appointing a new body corporate manager takes time. We recommend that it be commenced a minimum of 2 months (but preferably more) before the AGM of your body corporate is to be held.   

You may use the enquiry form below to provide details about your Body Corporate.

Enquiry Form - MMbcs Appointment