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Australia: 10 Years and Terminated: Court Upholds Cap to Pre-2003 Building Management Agreement (NSW)

/ Owner - August 25, 2021

There has been a widespread practice of extending caretaking or building management agreements to get around the 10 year cap in the Strata Schemes Management Act 2015 (SSMA 2015). In the recent appeal decision of Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2021] NSWCA162, Chief Justice Bathurst affirmed on appeal that deeds of variation used to extend the term of the agreement for a period of greater than 10 years by adding option periods were, in fact, capped at a term of 10 years.   Read the entire article……………………………….

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