Winston – as I stated before this whole topic makes my head hurt, but as you’ve asked so nicely (
) and without me again expressing an opinion on the already discussed application of Sect 106 of the new Act as currently proposed…….
To get things in the correct order, in circumstances where nobody is prepared to nominate or be nominated for membership of an E/C and in which circumstances an Adjudicator cannot appoint member/s, then the O/C as “principle manager” is taken to be administering the Plan.
In circumstances such as those, and where there is an elected E/C who as you say “for convenience and a back-up” elects to delegate all permitted functions (e.g. not those that must be decided only by the O/C at a General Meeting) to a Strata Managing Agent with full authority and without limitation, then Sect 28 Cl. 7 of the current Act and Cl. 53 of the current Bill (2015) applies whereby:
Any act or thing done or suffered by a strata managing agent while acting in the exercise of a delegation under this section:
(a) has the same effect as if it had been done or suffered by the owners corporation, and
(b) is taken to have been done or suffered by the owners corporation.
In consideration of the above provisions where I see no undesirable consequences for Strata Managing Agents acting properly under delegation, I would expect that their Professional Body will closely examine their proforma Agency Agreement to overcome any undesirable consequences to their membership that may arise from the entirety of the new Act as currently proposed.