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[CT55]

I live in a block of 64 units built in the 1970’s so maintenance of the building is an ongoing issue.  We have recently completed replacing the tiles and balustrades on all the balconies.  Nine months later, and not without its problems, the EC are feeling relieved to have this work competed as it required a huge amount of time and effort.  During the works being carried out, the idea of appointing a building manager was mooted (by me).  The reason for this being that one of our EC members works as a professional building manager for a large commercial strata building in the city and a lot of the time he was left to sort out problems with the contractors as none of the other members, including myself, felt we had the necessary skills and knowledge to do so.  I felt this was unfair but unavoidable.  I feel he carried an extra load simply because of his experience and knowledge.

He is now retiring and has expressed an interest in taking on the role of Building Manager part-time if the role was created.  At our request he has given us a proposal listing duties, working hours, rates of pay etc.  Can anyone see a conflict of interest with this person being on the EC?  He is also our treasurer and does a terrific job.  What sort of things should we look out for in having a building manager appointed?  I see from previous posts that we would need to look at the roles of our Strata Manager and the Building Manager.   I would welcome any advice on this.

Thanks.

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[Whale]

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.

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[justsaying]

Thanks Whale for your advice. The motion did go ahead…as often happens the meeting was stacked with proxies and people who appear not to understand strata living and obligations. After i explained the act and the ramifications …the comment was oh, more legal fees, bring it on!

appreciate your swift assistance thanks so much

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