Our owners corporation in NSW also had the same problem with our former strata manager. A few owners checked with their own solicitors about the fact that the new strata management agreement was not attached to the Notice of AGM. They all said that it must be attached and that every owner had the right to seek advice from their own solicitor about the clauses in the agreement. Based on their solicitors’ advice Owners also had the right to ask the strata committee to renegotiate any undesirable provisions before the AGM. One solicitor went so far as to say that because the agreement was not attached to the notice, that the motion was invalid. He also said that any strata managers and strata committees who did not attach the agreement to the notice was treating owners as idiots and they should be sacked. He wrote a letter to the strata manager who then cancelled the AGM and served a new notice of AGM attaching the agreement. Nevertheless owners decided to appoint a different strata manager because it was felt the existing one was not trustworthy.
- Opinions from other solicitors on this issue would be very valuable in order prevent other owners corporations being in the same position.