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Hi all, my father owned 3 out of 4 lots in a NSW strata, he died recently and we have an AGM coming up soon – soon enough to be well before probate is granted. We have a strata manager and I was helping him manage things before he died, formally being appointed to the strata committee as treasurer and secretary at the last AGM.
Does anyone have much of an idea about how this works with the estate’s voting entitlements and me continuing to help manage things and/or staying on the committee? I suspect that without probate I cannot formally assume the role of executor but the other owner has been relatively hands-off and did not attend the last AGM (which was actually the first in decades – we appointed the strata manager to get things back on track with compliance on things such as the AGM).
It doesn’t seem like the strata manager has much of an idea and they seem to be waiting on me to figure it out or just pretending they’re still dealing with my father and not the estate.
I’m just concerned about what would happen if we can’t get a quorum for the meeting and still won’t be able to until probate is granted. Or perhaps the other owner can appoint me as proxy and committee nominee, or even assume those roles themselves if they wanted to do so? Or things could be postponed for a few months due to the extenuating circumstances?
Not sure if this is a situation that comes up very often or there is something I should be doing right now, I’m fairly new to understanding how stratas work etc.
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The Estate is the owner of the three units, although perhaps that has to be confirmed via probate.
Why don’t you delay the AGM until after probate? A call to Fair Trading would sort out whether that’s a reasonable thing to do. In fact, my strata plan just delayed the AGM because someone was on holidays so I’m sure it happens all the time without someone from Fair Trading arriving with a wrecking ball to demolish the building because your AGM wasn’t held on time.
Just make sure the other owner is ok with it, and make your lives easy. Delay and if any urgent issues arise, such as an insurance renewal, deal with those via email.
Why don’t you delay the AGM until after probate? A call to Fair Trading would sort out whether that’s a reasonable thing to do.
Good idea but no need to make that call. NSW strata law says you only have to have an AGM at least every financial year so theoretically you could have a two year gap between them (July in FY1, June in FY2).
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