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30/05/2013 at 9:34 am #8853
Our Owners Coporation is currently exploring changing our manager and we requrested some proposals from suitable managers. I noted in one contract that the Body Coporate Manager receives 15% commission for insurance and if the insurance the Owners Corporation chooses does not provide 15% commission to the manager, the Owners Corporation has to pay the Manger the difference. I was very surprised indeed to see such a clause and would like to find out if this is legal, if it is, it appears to me to be morally wrong. Happy to pay a fee for a service but getting three insurance quotes is not worth this amount. Given Insurance costs are one of the highest expenses of our owners corporation, 15% of our insurnace is a signficant amount.
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30/05/2013 at 11:35 am #18551
At least he/she is transparent about their fee structure. It isn’t illegal, and to me it is better they disclose it upfront.
There are no doubt other views, but insurance commission is frequently built into the strata manager’s fee structure, and represents part of their overall fee. What i mean by that is that if they didn’t receive that commission, then they would have to increase their fees elsewhere. What you need to look at is the overall fee structure, and the services you are getting for that. Cheaper is not necessarily better.
30/05/2013 at 2:15 pm #18553@Speidel said:
Our Owners Coporation is currently exploring changing our manager and we requrested some proposals from suitable managers. I noted in one contract that the Body Coporate Manager receives 15% commission for insurance and if the insurance the Owners Corporation chooses does not provide 15% commission to the manager, the Owners Corporation has to pay the Manger the difference. I was very surprised indeed to see such a clause and would like to find out if this is legal, if it is, it appears to me to be morally wrong. Happy to pay a fee for a service but getting three insurance quotes is not worth this amount. Given Insurance costs are one of the highest expenses of our owners corporation, 15% of our insurnace is a signficant amount.I thought 20% commission was normal but I have never heard of the ‘make up’ clause. I guess if it is in the contract and the OC signs it, barring any legislative prohibitions that I don’t know about, a ‘make up’ clause is enforceable as the contract your OC entered into.
Our OC self manages and has insurance through a broker. The broker gets a commission of 20% but it doesn’t cost the OC anything. The commission coming from the insurer profit margin.
Our OC made enquiries about engaging a Strata Manager, from two firms. Both specified and declared in the contract, that we were to sign, that they get 20% commission if they arrange our insurance. Again the commission was to come straight from the insurance firm.
As scotlandx says, I believe it is standard and accepted industry practice.
31/05/2013 at 7:29 pm #18585Cosmo said
Our OC self manages and has insurance through a broker. The broker gets a commission of 20% but it doesn’t cost the OC anything. The commission coming from the insurer profit margin.
I believe the “industry standard” is 20% shared between the broker and the Strata Manager. Of course, some (most?) Strata Managers have set up their own brokerage company, so in effect they get the lot.
There is no such thing as a free lunch.
If you think the insurer hasn’t inflated the real premium by 20% so that they can pay the broker and still make a decent (indecent?) profit, then think again.
When insurers tell you “it doesn’t cost you anything, we pay it out of our profit”, what they mean is “if you bypass the broker and deal with us directly, we’ll still charge you the same premium”.
A decade or so ago, we actually had a (mostly) honest Strata Manager, whose policy was to credit clients with any brokerage he received.
01/06/2013 at 6:03 pm #18593Funnily enough, I’m at the Strata Community Australia (strata managers’) National Conference and the question of insurance commissions was raised on a panel of industry heavyweights. One speaker said many small strata managers will go to the wall if commissions are removed but others felt it was inevitable that they will be banned and they should just start getting used to the idea.
One company already pays the insurance commission back into the Owners Corp bank account but charges higher fees to compensate for the income loss – net financial difference zero but a big plus for transparency
For now, perhaps we should be looking at what you are getting for your money rather than who gets what slice of it. Competitive quotes are more important than anything else.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
02/06/2013 at 9:07 am #18601
@Kangaroo said:When insurers tell you “it doesn’t cost you anything, we pay it out of our profit”, what they mean is “if you bypass the broker and deal with us directly, we’ll still charge you the same premium”.
Kangaroo yes you are totally correct. I probably should have expressed myself a bit clearer. In the case of our OC we had dealt with the same insurer for 10 years and then switched to a broker. So we kept the same policy, cover and paid the same amount.
Prior to engaging the broker we had made 2 claims in 10 years and had experienced difficulties when claiming. Since engaging the broker we have made one claim and it went very smoothly.
02/06/2013 at 2:52 pm #18606I can understand the commission relationship between strata managers and insurers, but as I’ve said before in other posts it can’t be justified in my opinion.
I’ve heard the stories about the “better” relationship that strata managers have with strata insurers, how the strata managers understand the “system”, and how all that benefits the Owners Corporation (O/C); how does it exactly?
Answer: it doesn’t. If anything, it creates the potential for strata managers to simply steer O/Cs in the direction of the insurer that pays the highest commission. Many years ago when our O/C engaged a strata manager (who was not one of the small ones who would go to the wall if those commission/s were removed) and we had a claim, they didn’t know any more than I did about the “system”, and in fact it was me who had to continually contact our insurers to hurry things along so that we could commence quite critical repairs.
In my opinion it’s completely unjustifiable for those big strata insurers to load-up their premium by 20%+ for self managed Plans like ours, and if it’s the last thing that I do I’ll be finding a broker or an insurer that will at least share that commission that they would otherwise pay to a strata manager with us.
That is fair!!
03/06/2013 at 12:59 am #18610I totally agree that extra transparency is required.
Insurers should offer a lower premium for direct (non-broker) policies.
SMs should credit their share of the commission to the strata, and not cross subsidise low management fees by insurance commissions.
But, if they can’t do that, at least they should show the commission in the Income and take it straight out again in the Expenses, like they do with Certificate Fees and Inspection Fees.
Why don’t they?
Because owners would start asking questions about such a large amount when all the SM does is pay the annual premium invoice from the owners’ funds.
And submit claims when required, but that’s part of their job.
03/06/2013 at 10:48 am #18614Juts back from the SCA (strata managers) convention in Perth where strata insurance commissions were a very hot topic. The removal of commissions is going to hit the small, local strata manager hardest because many of them have based their business models on those commissions – while still being absolutely open and honest about them.
Here is what I have been told:
1. Insurers will not drop their premiums to allow for the removal of commissions because commissions will still exist (to brokers, for instance) and they have to keep the playing field even.
2. If you (or a change in the law) insists on strata managers removing commissions, smaller firms, especially, will increase their fees to compensate while larger companies will find it easier to absorb the loss.
3. You will still be paying commission to a broker or a non-reduced premium to an insurer so clients of small strata management firms will be paying double – no reduction from lost commission plus an increase in fees to compensate for the loss of income.
4. Owners Corps will migrate to the larger strata management companies – who will be cheaper – and it will be the end of the small, local strata managers.
The key to all this is the insurers who, I have been told by industry insiders, have absolutely no interest in reducing premiums when they may still have to pay brokers. With no strata managers and/or brokers, strata insurers would have to pay extra staff to deal with the individual contracts for separate strata schemes. That’s just one of the reasons they would rather pay commission.
If all of the above is correct – and I have to admit I am still getting my head around it – commissions work for everyone. But because they were kept secret for a long time, they seem to be corrupt and unfair.
The problem really arises when your strata manager doesn’t offer you a choice of insurers with a clear expression of what you get for your money. Three quotes from different insurers should take any fears of corrupt behaviour out of the equation, commissions or not.
But make no mistake, some of the bigger players in strata management are already seeing this as an opportunity to offer reduced fees. This could be a good thing or it could be bad – in the same way putting supermarkets in small towns offers a greater selection of goods but reduced service and choice.
Self-managed schemes (which are still about half of those in NSW) will either have to do the leg-work themselves or get a broker to do it for them, so you will still end up paying commission.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
03/06/2013 at 7:20 pm #18619Good information as always Jimmy!
To reiterate though, I wasn’t in any way suggesting that our Plan’s last Strata Managers didn’t disclose their commission from our insurers; the percentage was clearly shown in the schedule attached to our Agency Agreement.
I don’t accept however that any Strata Manager (large or small) who now receives such a commission would be would reducing their current management fee by an equivalent amount. Although I can foresee the management fee increasing by that equivalent amount should the managers’ commission at some time be removed.
When I find a broker who will do the right thing by at least sharing their insurance commission 50:50 with our Owners Corporation, I’ll happily provide the details to Jimmy (I have until 12/12/13).
04/06/2013 at 5:47 am #18621Can the EC take the insurance administration away from the SM and appoint a broker or does it need to go to a General Meeting of OC.
04/06/2013 at 5:07 pm #18623As an additional inquiry to Willie’s question; if the EC take the insurance admin (& commission) away from the SM and appoint a broker, can we still have the notices sent via the SM?
04/06/2013 at 5:51 pm #18624Willie said
Can the EC take the insurance administration away from the SM and appoint a broker or does it need to go to a General Meeting of OC
First look at your contract with the Strata Manager – that will tell you what can and can’t be done. Then the EC would normally negotiate (often through the SM) what insurance policy they want and with whom. The best insurance option would normally be presented at your AGM for Owners Corporation approval. However, taking out insurance is one of the duties of the owners Corporation that CAN be delegated to EC members or the Strata Manager so it may be done separately from the AGM. That said, the Owners Corporation – that’s all the owners at a general meeting – can change the way they want this to be handled by a simple majority vote.
@Cobra said:
As an additional inquiry to Willie’s question; if the EC take the insurance admin (& commission) away from the SM and appoint a broker, can we still have the notices sent via the SM?The notices sent out by the Strata manager relate to the levies, part of which cover insurance premiums. There is no reason I can think of why this would have any bearing on levies notices. The insurance premiums would also have to be listed (by law) in the annual budget prepared by the treasurer and/or strata manager. Again, it wouldn’t matter who arranged the insurance.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
06/06/2013 at 8:45 pm #18634I have done a lot of research in this area and I would like to set the records straight regarding the flow on effect if strata managers are prohibited from receiving insurance commissions.
I would like to point out an erroneous assumption.. That is, that the insurance premium will reduce if there is no payment of commission to a strata manager – the premium will remain the same. The owners corporation will still have to pay the same amount for the premium but the strata manager will increase their fees to offset the loss of income. The service fees, in some instance, could even be more than the amount the commission would have been,
There are also several unintended consequences if insurance commissions are prohibited:
. additional expense to lot owners (increased levies) and increased rent for tenants
. loss of jobs – several smaller strata companies would be forced to close due to the loss of revenue
. reduction in competition in the marketplace due to closure of many smaller companies resulting in
larger strata management companies having a larger percentage of the market – reducing the amount of choice
available to owners corporationsA disclosure is required under the Property Stock & Business Agents Act if any commission is received. This is usually contained in the Strata Managing Agency Agreement, a copy of which is served on the owners corporation. There is full disclosure and the owners corporation is made fully aware of this.
Provided there is full disclosure there is no issue – but I feel if the receipt of insurance commission to the strata managers is prohibited – all round, nobody wins!!
bye for now,
Strataman07/06/2013 at 9:16 am #18640Strataman – clearly the insurance and strata industries are peddling the same line that you’re espousing.
I like to consider myself to be a reasonable and logical person (some may question my success), and frankly I’m insulted by the claims of large and profitable insurers that they are currently discounting the real value of premiums by in excess of 20% in order to magnanimously pay an equivalent commission to a Strata Manager who acts as their Agent.
I’m equally insulted, although less surprised about complementary claims by the strata industry, including the one about them currently reducing their management fee by the amount of the insurance companies’ commission. Claims of closures, lack of competition, and job losses in the strata industry are the standard lines of those with a poor argument, and people like me (and government advisors) regard those as just so much claptrap, that the industry wouldn’t trot-out if they had a real argument.
Presumably the State Government has done its homework and its planned amendments to the Legislation are soundly based, and it, together with vigilant Executive Committees like ours will ensure that any unjustified continuance of current insurance premiums and increases to management fees are stomped upon quickly and from a great height.
You’re entitled to your opinions on this, and the post is mine and my final comments until such time as I find a broker and/or an insurer who will do the fair and reasonable thing; at which time I’ll share their details via this Forum.
09/06/2013 at 5:36 pm #18643Dear Whale & other readers,
I am a (proud) Owner of Strata, and I would like to offer a few comments from my 30+ experience in the Insurance Industry.
Your assert that the insurance and strata industries are peddling the same line that Strataman espouses. Have you considered that this is because it could be somewhat accurate, and maybe some merit behind the points made? I am not sure some of these blogs are actually claiming that Insurers are ‘discounting’ premium to pay commissions to Strata Managers and Insurance Brokers (yes, it’s the same commission), as your suggest.
Insurers tend to price risks as accurately as possible, given the Australia insurance market is one of the most competitive insurance markets in the world (small market, and 100+ plus licences insurers). My experience is that Strata Insurance premiums are extremely good value, given the average premium sit around $3k for a 10 lot scheme with a $200 excess, or $300 plus $20 excess per owner! That’s for cover for important risks such as the building, public liability, and of course Office Bearers insurance to cover volunteers like you and I whom could be sued because of the decisions we make as Executive Committee members.
I assume readers understand the legal structure of an Owners Corporation, that it is an ‘unlimited liability’ legal entity, and as owner and member of this legal entity, we have a shared liability to make good any financial shortfalls. As Insurance is finite, there is an inherent exposure all owners face (a mismatch between exposure and cover). Yet we debate issues of premium cost rather than understanding the comparisons between policy covers (they are not the same), quality of financial security, claims payment track record to name a few.
So why do insurers pay commissions to Insurance Brokers and other Agents such as Strata Managers? Because it is an extremely efficient form of distribution cost, leading to lower premiums. Rather than employing teams of sales and distribution staff, Insurers know that brokers and Agents can form a much more intimate relationship with the ultimate customer, and importantly advocate an accurate view on the risk profile of the scheme, leading to the most competitive terms (policy cover, security, claims payment turnaround, etc, and yes, price). Why are Strata Managers a good distribution point for Insurers, because they know the building, its history, quality, better than anyone. Generally, even Insurance brokers need to go to Strata Managers to get details on risk profiles, claims histories, etc adding another step in the process. Strata Managers and Insurance Brokers also do a number of administrative tasks on behalf of an Insurer, and are critical at times of difficult and complex events to advocate and coordinate claims related activities. They also need to be subject to ongoing training and professional development. The Insurer expects a lot in return for the commission payment.
Now there are a couple more facts I would like to share here, all of which are good for consumers. Strata Managers can only distribute insurance product on behalf of a Australian Financial Services (AFS) Licensee. In the Strata industry, a AFS Licensee includes an Insurer, a Broker, or an Underwriting Agency. The activities that a Strata Manager is appointed to conduct under their management agreement in my view requires them to be trained and appointed by a AFS Licensee as either an Authorised Representative (to give general advice) or as a distributor (no advice). The benefit of having you Strata Manager appointed as an Authorised Representative (General Advice) of a AFS Licensee, is that licensee must supervise and audit their insurance related activities, AND provide Professional Indemnity cover for their activities. That is a massive consumer benefit, given that a Strata Manager is supported by a well-capitalised AFS Licensee, under the supervision of ASIC, and for Insurers, both ASIC and APRA. If for some reason, things go pear shape, you have support under this AFS regime (all governed under the Corporations Act).
There is another comment made related to the State Government, that they have done their homework on the proposed ban of commissions to Strata Managers. All I can say here is that the OFT is doing a massive job, and this issue is one of many major reforms they are considering. And I commend them for taking on a much needed review. But I can also say that there was no Financial Services representatives at the round tables, and this issue needs facts, it needs debate, and it needs consideration from a broader range of stakeholders. Remember, this proposed ban is for Strata Managers only, it is not prohibiting commissions being paid within the Strata Industry. If the OFT want to remove commissions and introduce fee for service, they must do so across the whole sector, not just impose a restraint of trade on Strata Managers.
Anyway, the current proposal means commission will still exist, but transferred to others. Brokers are likely to be the main beneficiary, so premiums are unlikely to reduce. Strata Managers will need to charge fees, but they will be well in excess of commission payments. A 15-20% commission on a $3k premium is only $450-$600 reward. A charge out on a time based fee service for the training and administrative work, plus the risk Strata Managers take on, could be many multiples of this (you need to ask a Strata Manager). I share the fear that many small to medium sized schemes, where affordability for owners and tenants alike is fragile, they will struggle with the increased costs, cut back services, Strata Mangers will then need to manage the downstream consequences. If Strata Managers are permitted to retain commissions, economics would suggest that there would be more chance of retaining competitive management fees, simply from a leverage of scale.
I hope some of these point help in your considerations and debate. In the meantime, make sure your Strata Manager has been appointed as an Authorised Representative (to give General Advice) as a condition of your current insurance arrangements. Many AFS Licensee will not appoint them to this level, because of the risks they need to assume. That’s not good for Owners, nor the Strata Community.
Nelson (Piquet)
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