
The Myth of the Untouchable Strata Contract: Negotiating for Improved Transparency
You are sitting in a boardroom or on a video call negotiating or renewing a new strata management contract. The manager or director tendering for the appointment is making many verbal promises. Everyone is satisfied, the contract gets signed, and months later you realise those promises from the manager aren’t happening. Why? Because they were never written down.
If you talk to apartment owners or committee members anywhere in Australia, you will hear the same frustration echoing across many buildings − a lack of trust. Promises, they will tell you, were made and not delivered.
In a similar vein, committees look at their quarterly financial statements, notice a hefty bill for common property repairs, and realize they have no idea what was done. To compound their worry, the description in the bank statement simply states: General Repairs.
That does not mean anything improper has occurred. But without visibility, the human mind naturally fills in the blanks. A committee can become suspicious that something has gone wrong. A manager, meanwhile, can become frustrated because the committee appears to be questioning routine work or delaying decisions.
This friction is exacerbated by a lack of transparency. Good transparency isn’t just a protection for the committee. If the records clearly show what was done, who supplied it, what it cost and what authority existed for the expenditure, there is much less room for suspicion.
The Contract Is Not “Untouchable”
If you are having similar issues as a committee member or lot owner, the good news is that you don’t have to wait for the strata industry to act. You can fix this to a considerable degree at the exact moment it matters most: at the negotiating table before signing or renewing your strata management contract.
The Strata Community Association (SCA) is a powerful voice for the strata management industry. Their manager appointment contract templates are professionally designed with consultation and input from state departments such as your state government’s department for Consumer Affairs. Good intentions abound. The risk here is that it may also create a lopsided power dynamic, where committees feel they have no choices.
This is not the case. While you cannot legally hack apart or rewrite the core pre-printed text of an industry template, you are not forced to accept every word of it. Any information filled in by the applicant managers themselves, such as proposed hourly rates and fees, is open to negotiation. But standard strata contracts also include room for custom additions, usually tucked away in a small space under a dedicated “Special Conditions” clause or something similar.
This means you don’t need a high-priced lawyer to rewrite the whole document to protect your building. Instead, you can bring the applicant’s verbal promises into contractual reality. If they promise a 24-hour response time for committee emails, for example, your response should be something like: Please draft that into the Special Conditions before we sign.”
Before you go through the negotiation stage, your owners corporation and your committee should have consulted and prepared a list of those of your requested additions that you would like the manager to accept. The manager will in all probability also have a prepared list ready to put on the table. Then when the negotiators reach an agreement a final contract is submitted to your committee members for signing. You have solid grounds for protesting if there is anything missing under Special Conditions.
A reputable manager who intends to deliver will have no difficulty accommodating reasonable performance clauses. However, special provisions proposed by either party must comply with the law, including the requirements of each state’s strata legislation. Where wording is unclear or its legal effect uncertain, seeking legal advice can help prevent misinterpretation and future disputes.
But What Exactly is a “Special Condition”?
This is where things become interesting. The terminology is not the same throughout Australia, and I have not been able to examine every current SCA management agreement because some of the documents are available only to members.
Before proceeding any further, we need to be cautious about assuming that a Special Conditions clause in one state operates in the same way as one in another. Not only may procedures vary, but they may also use different terminology to describe what are essentially the same things.
The material I have been able to locate does, however, show that the space allocated to negotiations is not just a place for harmless housekeeping details. It is a powerful negotiating tool.
The point is that State jurisdictions use different terminology and contractual arrangements. That is why I have set out the information below as a starting point rather than presenting it as a definitive national comparison.
SCA Management Agreements by State: – “Special Conditions” or Equivalent
Victoria
Clause 2.4 /previously Clause 11.5 – Special Conditions.
Queensland
Reference Schedule Item J/K – Special Conditions, including amendments to the Standard Conditions.
Tasmania
Item 6 – Special Conditions.
New South Wales
Attached Special Conditions – SCA expressly permits agreed amendments to the template by attached special conditions.
South Australia
SCA Strata Management Agreement – special-conditions provision to be verified from the current member document.
Northern Territory
No separate current SCA NT Management Agreement template located; SCA SA/NT currently identifies SCA NT’s management agreement as also the South Australia Strata Management Agreement.
Western Australia
SCA Strata Management Agreement Template – current 2026 version is member-only; provision to be verified.
Australian Capital Territory
SCA standard agreement exists, but the equivalent special-conditions provision still needs to be verified.
This is an area where I would welcome corrections from anyone who has access to the current documents for their states.
The important point is not that every state uses the exact words “Special Conditions”. It is generally the case, however, that management agreements contain some mechanism by which their agreement can be supplemented with extra provisions beyond the standard template. This mechanism is available to strata managers and also strata communities via their committees.
The Power of Advocacy
For many years now, advocacy groups on both sides of a strata management contract have been advising owners corporations and committees to take advantage of the special provisions clauses to negotiate for amendments to their contracts. The emphasis in the past has been concerns around insurance-related fees and commissions.
Advocacy campaigns around the lack of transparency in strata insurance have been successful in highlighting the issue throughout Australia. In Victoria, the contact has been amended with additional clauses offering several alternative commissions or upfront fees, from which the owners corporations can select their preference.
New South Wales has taken a much stronger position of moving away from insurance commissions for strata managers, replacing them with upfront fees paid by their strata clients.
There is still scope, though, for campaigning to ensure that manager appointment contracts are delivering contractual obligations for sufficiently high standards of financial transparency.
Sample Transparency Topics For Your Special Conditions
To improve operational clarity, a committee can negotiate with the intending manager for a dedicated transparency list to be inserted directly into the contract’s Special Conditions clause – or your state’s equivalent of that clause.
For example, a list locking into the contract a broad range of transparency requests could include something like the following sample topics. There is no suggestion that these short examples are necessarily relevant to your strata building’s particular needs.
- Real-Time Financial and Banking Visibility
(a). PDFs of original quarterly bank/DEFT statements forwarded to the committee’s members within seven days of issue.
(b) Quarterly Business Activity Statements complete with all associated lodgement attachments forwarded to the committee for approval, prior to submission to the Australian Tax Office. - Maintenance Verification of Expensive Invoices
Invoices exceeding $xxxx should be accompanied by date-stamped, before-and-after photographs (where practicable) prior to payment. - When an Insurance Policy is Being Negotiated
The policy will not be approved by the committee until they have sighted the intended policy itself, and not just the Certificate of Currency.
When a manager agrees to having improved financial transparency locked into their contract, it benefits both parties.
For the committee, it will end the anxiety of flying blind and being obliged to accept past, present and future budgets through insufficient information.
For the manager, it provides total protection against concerns of mismanagement due to insufficient transparency.
By seizing control of you state’s version of Special Conditions in your management contract, both strata committees and strata managers can build a better partnership.
This is not expert legal or financial advice. It is an opinion based on publicly available information. Circumstances and legislation vary between Australian States and Territories, so committees should check the current requirements applying to their own strata building and always obtain professional advice where appropriate. This website is independent and fully self-funded.
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