ozzietars said…. What is the process to follow for the EC to convene an EGM if the manager delays or fails to do so after being instructed by the E/C?
Jimmy’s advice is as usual correct if your Executive Committee (E/C) wishes to rescind all the delegations granted to its Strata Manager in their Agency Agreement, but it’s important to consider that notwithstanding those delegations, the Owners Corporation (O/C) remains in the position of the Plan’s “principal manager” and under Sect 29(2) of the NSW Strata Schemes Management Act (SCMA) your E/C may itself still exercise any of its prescribed functions, including the convening an EGM; delegations or otherwise.
So if your E/C has voted to convene an EGM and its Strata Manager (S/M) delays or fails to act on an instruction to do that, then the Secretary should themselves prepare and distribute an Agenda, perhaps including an additional item to not only remove delegations from the S/M as Jimmy advised, but perhaps to remove them!
Sect 27(2) of the SCMA applies, but check the termination clause in your Agency Agreement and ensure that your E/C has a Proposal from an replacement S/M to put to the EGM so that there’s a continuity of service and a smooth hand-over of the O/C’s records etc.