JS – I hope you read this before tonight’s AGM.
Sect 40A states that a caretaker or building manager is a person who is ENTITLED to exclusive possession of a lot or common property.
The fact that a person chooses not to avail themselves of that entitlement doesn’t alter that fact that if they perform any or all of duties prescribed, namely managing common property, controlling the use of common property by persons other than the owners and occupiers of lots, and maintaining and repairing common property…… then they’re caretakers, building managers, resident managers or known by any other title, where Sect 40A applies AND under Sect. 40B they can only be appointed by and/or have their Agreement terminated and/or transferred to another person by way of a resolution at a general meeting of he owners corporation.
You should advise the Chairperson of your general meeting that if the motion to extend the current, illegally determined “contract” of the person now undertaking the duties of caretaker, building manager, or whatever is put to the vote and passed, then you will be seeking orders in the NSW Civil & Administrative Tribunal to have that resolution invalidated under Sect 153 of the Act.