› Forums › Strata Committees › Committee breaking the law, SM doesn’t care › Current Page
Not to disagree with Jimmy T, but I think you may be taking the wrong approach with this matter. It is the Strata Committee that is (I assume) in the wrong here, rather than the Strata Manager. It is the Committee you need to take action against, not the Manager.
Legally the Strata Manager is the Agent of the Committee, or in other words, the Committee’s employee, and the Manager is normally delegated some of the Committee’s function, under the contract the Manager and Committee have signed. The Manager has the responsibility to (a) act on behalf of the Committee and (b) act in accordance with the law. However, as Jimmy T has also pointed out, the Dept of Fair Trading does not, as far as I am aware, discipline or remove Strata Managers for failing with respect to responsibility (b), so consequently Managers are primarily concerned with responsibility (a). Although, good Managers will resign or refuse to carry out delegated tasks if they contravene the law.
But some Strata Committees only use the Strata manager for only some tasks, like collecting strata fees, and manage other tasks on their own. The legal position is that a Committee will instruct and control the Manager, and Managers cannot overrule the Committee. You also need to read the contract the Manager has with your Committee, so see what tasks have been delegated to the Manager. It is possible that calling Committee meetings and make the minutes are not the Managers responsibility. Even if those tasks are delegated, the Committee does not have to use the Manager to do them, they can in theory hold a Committee meeting on their own and minute it themselves. The Manager has no legal right to interfere if that should occur.
It would be interesting to know what the Dept of Fair Trading would do, if they had evidence of a Strata Committee instructing a Strata Manager to take actions that are not in accordance with Strata laws… I fear, that there are no clear provisions about this in the law. The Strata Manager may be in the clear. Or at least, I suspect that Fair Trading would be struggling to find a means to discipline the Manager, legally. (And we know from experience that the Tribunal sees that following the law and legal precedent is not essential to their role – but that is another issue entirely.)
So I’d suggest you that you redirect your ire from the Manager to the Committee. But it may be useful to have a quiet word with the Manager to ask his opinion about the actions the Committee has taken. Be polite and conciliatory, you may learn some useful things.
