I, being an authorised representative of the Corporate Member, agree that the Strata Management Agency Agreement(s) provided will be used by the Corporate Member in the normal conduct of its strata business only and for as long as the Corporate Member remains a financial Member of Strata Community Association (NSW) Limited (SCA (NSW)).
The Corporate Member may make amendments to the template agency agreement by hand alterations or by attaching special conditions to reflect terms agreed with specific clients. However, the Corporate Member does so at its own risk, is responsible for obtaining its own legal advice in relation to the implications of such amendments and releases SCA (NSW) from any liability in relation to such amendments.
I acknowledge that SCA (NSW) looks to the Corporate Member to ensure that all managers that are employed by it and administer strata schemes that are a party to the SMAA, are also members of the Professional Strata Manager Member Chapter. This is to ensure that all managers who administer schemes are a party to the SMAA in a manner that accords with the SCA (NSW) Code of Ethics.
Should the Corporate Member resign their membership of SCA (NSW), become unfinancial or have their membership cancelled, then the Corporate Member undertakes to return or destroy all SCA (NSW) copyright material and will thereafter cease use of the SMAA or offer the SMAA to schemes until the Corporate Members membership of SCA (NSW) is re-instated. Where an SMAA is in force at the time membership ceased, it will only remain valid until the expiry date of the then current term and will not be valid for any rollover period.
With effect from the date of issue of the 2024 SCA (NSW) Strata Management Agency Agreement (SMAA), the Corporate Member is no longer permitted to enter into a new agency agreement using previous versions of the SMAA and may only do so using the SMAA version the subject of this licence.
The Corporate Member acknowledges that it may not reverse engineer, decompile, disassemble, modify, or create works derivative of the SMAA, nor alter or modify any disabling mechanism that may be resident in the SMAA. It also acknowledges that it may not sub-licence, rent, lease, commercialise or indirectly permit any third party to use or copy the SMAA.
Use of the SMAA is conditional upon the Corporate Member having a current Professional Indemnity policy, which must provide cover of not less than $1 million for any one claim and not less than $3 million in the aggregate for all claims made during the period of insurance in accordance with the Property and Stock Agents Regulation 2022 Part 2 Clause 12. The Corporate Member's right to use the SMAA shall cease should the Corporate Member cease to hold such a policy.
I accept the Agency Agreement User Licence - Terms & Conditions