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Under the Act, Section 26 Division 1, Appointment of strata manageing agent, Section 27 (1), it states “A strata managing agent is to be appointed……..authorised by a resolution at a general meeting of the owners corporation”.
Our AGM is coming up with an item on the Agenda, drawn up by the Strata Manager, recommending the renewal of his contract for a further 12 months. This is despite a letter from the EC members advising him that they will be calling for additional applications for the position when his contract is due for renewal and that he could apply if he wishes.
Two questions please:
1. The letter advising of the desire for additional applications was dated 26th November. Would this constitute formal advice that his contract will not necessaraily be renewed and therefore the 90 day period under the contract would start from that date?
2. An amended motion will be put to the AGM to formalise the process in line with the EC's November letter and seek resolution that the EC be authorised to undertake the employment process to secure and appoint a new Manager within a specified budget limit for the coming year. This aims to avoid calling another general meeting. Is what we are asking allowed under the Act?
Many thanks