Developers generally appoint a management company and the managing agent at the outset of a development, often before the first unit is sold.

The developer should:

• Inform buyers that a managing agent has been appointed
• Outline the services to be provided
• Explain the managing agent’s procedures for dealing with requests/complaints from owners

Managing agents should only be employed on the basis of a written contract with the management company, which clearly sets out both parties’ obligations and responsibilities.

A binding written contract is the legal basis for resolving any disputes that may arise between an agent and your management company. As part of the contract, the agent should agree to meet at least quarterly with the management company or residents’ committee.

The developer should also provide the management company and the agent with:

• The title documents and counter part leases
• An agreed snag list and practical completion certification
• As-built drawings
• A register of all capital assets
• Warranties and other guarantees, including test records for drainage, water and heating pipe work
• Certifications for fire safety, health and safety, planning and building regulations