This page outlines the responsibilities and obligations of facilities managers for community, precinct and neighbourhood schemes.
On this page:
Facilities manager responsibilities
A community, precinct or neighbourhood scheme may engage a facilities manager.
Facilities managers can be referred to as building managers, caretakers or resident managers and can assist with the day-to-day running of a scheme within community lands.
The facilities manager may assist the association in:
- managing association property
- controlling the use of association property by owners, residents and visitors
- maintenance and repair of association property.
Facilities managers can also perform duties such as security, cleaning, and managing the upkeep of the gardens and grounds of the scheme.
What are facilities managers not responsible for?
Facilities managers may not enforce by-laws or carry out other similar functions of the association.
A person is not subject to the laws regulating the activities of a facilities manager if they perform those functions voluntarily, on a casual basis, or as an association committee member.
If the facilities manager also acts as an onsite residential property manager handling the letting of properties for lot owners, they must be licensed as a real estate agent under the Property and Stock Agents Act 2002.
Appointing a facilities manager
A facilities manager can be appointed by resolution at a general meeting. This decision can be made at the association’s first annual general meeting (AGM) or at any general meeting during the life of the association.
The decision to appoint a facilities manager and the functions they should exercise if appointed will be determined at the meeting. The appointment must be in writing under a facilities management agreement. If appointed before the first AGM, the contract ends at the first AGM. Otherwise, the contract cannot exceed a period of 10 years.
Before they are appointed, a facilities manager must disclose the following:
- a potential conflict of interest: a professional or personal association with the original owner (the developer)
- a pecuniary interest: a financial interest, other than them benefiting from the prospective appointment itself.
Reappointing a facilities manager
If a facilities manager has already been appointed by the developer, the existing contract will end on completion of the contract.
On completion of that contract, the association can choose to reappoint the existing facilities manager or choose a new one.
How can I terminate an agreement?
An association can terminate the facilities manager in accordance with the facilities management agreement and if authorised by a resolution of the association passed at a general meeting.
Resolving facilities manager disputes
An association may, at any time during the agreement, make a resolution at a general meeting to terminate, in line with the terms of the agreement, or apply to the NSW Civil and Administrative Tribunal (Tribunal) for an order to:
- terminate the agreement
- require compensation to be paid
- vary the term or conditions, or declare a term of appointment void
- require a particular action to be taken, or not taken, by a party to the agreement.
Apart from terminating a contract, the association can also resolve to transfer a facilities management agreement to another person.
Disputes relating to facilities management agreements may be resolved by formal mediation.
Facilities manager proxy voting
Facilities managers can be appointed as a proxy in the same way as other proxies. For more information, visit the meeting and voting page.
A facilities manager cannot use a proxy vote:
- to obtain a financial or material benefit
- in a decision about legal proceedings involving the proxy.