There have been some recent reports of resident managers having their contracts terminated because of purported inadequate performance.

Resident managers, on the other hand, have claimed that they were doing what they were paid for and have commented that they should be getting more to do everything that is required of them.

While it is common throughout the business world that a person performing work believes they are underpaid and at the same time the person paying for the work believes they are paying too much, the situation should be dealt with in a proactive, positive manner.

With respect to the management rights industry, QRAMA’s recommendation is that where there is a dispute regarding a resident manager’s remuneration, the body corporate should engage an independent consultant to assess the duties that the body corporate requires the manager to perform. The manager should document all the tasks that he tackles as part of his caretaking role. The consultant should be asked to assess the duties that the manager is required to perform and ascertain an appropriate remuneration level. The consultant will also consider similar complexes in the same area and determine an appropriate level of total remuneration.

Sometimes, even after appointing an independent consultant, the body corporate and resident manager still cannot agree on appropriate remuneration. If this is the case, then the body corporate needs to reconsider the duties that they have asked the manager to undertake. The list of duties should be revised to an appropriate level of remuneration. The rest of the work may then be outsourced to external contractors.

Government

The ongoing strategy that QRAMA has developed to influence the positive development of policy by Governments has been rewarded, in part, with the new regulations to administer the Property Agents and Motor Dealers Act 2000.

QRAMA has adhered to its strategic plan to work on a consultative basis with both the Federal and State Governments to develop a better understanding of the unique role that resident managers occupy in the property management and investment industry, as well as their role within our communities as major tourist facilitators.

Our desire has been to lift understanding amongst Government bureaucracies and the elected representatives about the special role of resident managers, and that “catchall” legislation and regulation is often not appropriate for the best interests of our stakeholders.

In respect to the new Property Agents and Motor Dealers legislation and regulations, there have been a number of breakthroughs achieved by QRAMA that have helped to significantly establish the points of difference and the special role and responsibilities that resident managers have as property owners and agents.

The results of QRAMA’s activities during the past twelve months when the review of the Auctioneers and Agents Act commenced has seen the position of the resident manager better defined and special recognition given to resident managers as holders of restricted licences.

However, we are disappointed that the Office of Fair Trading did not produce practical answers in their five pages of the Appointment Form (Form 20) and that the Form is restricted in the issues that it covers. It is disappointing that an Addendum must be used with the Form to address other issues that are part of an understanding and agreement between the owner and agent. Also, Form 20 has not recognised the need to have one set of agreement conditions for each building. Members must treat each owner equally.

Having our own Code of Conduct is a further recognition of the role of the resident manager. Unfortunately, a great opportunity has been lost, as the Code has concentrated on the rights of the owner and overlooked responsibilities that always accompany rights, and the rights and responsibilities of the agent and guests. Our concerns have been made known to the officers of Fair Trading. The system only works when all parts of the triumvirate want it to work. Now that Fair Trading and Tourism are responsible to the same Minister, we should have a great opportunity in Queensland to set the correct balance.

QRAMA will continue its program of work with the officers of the Department of Fair Trading and the Hon Merri Rose, the Minister for Tourism and Racing and Minister for Fair Trading.

ENDS